Res Judicata Barred Petition to Reopen for New and Further Psychiatric Disability: Cal. Comp. Cases June Advanced Postings (6/7/12)

Res Judicata Barred Petition to Reopen for New and Further Psychiatric Disability: Cal. Comp. Cases June Advanced Postings (6/7/12)

Here’s the second batch of advanced postings for the June 2012 issue of Cal. Comp. Cases.

Lexis.com subscribers can link to the cases to read the complete headnotes and summaries.

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Laura Matook, Petitioner v. Workers' Compensation Appeals Board, New Line Cinema, Travelers Insurance Company, Respondents, 2012 Cal. Wrk. Comp. LEXIS 64

Psychiatric Injury—New and Further Disability—Res Judicata—WCAB held that applicant/casting assistant’s claim for psychiatric injury, which was brought by way of petition for new and further disability, was barred by doctrine of res judicata, when applicant’s claim for psychiatric injury and treatment was previously denied in WCJ’s 6/7/2001 Findings and Award, when WCAB found that …

Penske Honda, Auto Dealers' Compensation of California, Inc., permissibly self insured, administered by Corvel, Petitioners v. Workers' Compensation Appeals Board, Miguel Ledesma, Respondents, 2012 Cal. Wrk. Comp. LEXIS 63

Evidence—Medical Evidence—WCAB's Duty to Develop Record—WCAB held that record should be left open for further development, when WCAB found that applicant sustained injury AOE/COE from fall off golf cart, while working for employer as security guard, to low back, tailbone, left shoulder, and internal (diabetes aggravation), but not to other body parts, that applicant needed …

Martha L. Godoy, Petitioner v. Workers' Compensation Appeals Board, West American Rubber Company, Pacific Compensation Insurance Company, Respondents, 2012 Cal. Wrk. Comp. LEXIS 61

Injury AOE/COE—WCAB held that applicant utility worker sustained two industrial injuries (1) on 1/9/2006 to left index finger and left wrist, but not to neck, shoulder, left elbow, low back, or psyche, and (2) on 7/25/2006 to right thumb, right wrist, and right elbow, but not to neck, shoulders, or low back, when WCAB…

Shima Nursery, Preferred Employers Insurance Company, Petitioners v. Workers' Compensation Appeals Board, (Hector Martinez), Respondents, 2012 Cal. Wrk. Comp. LEXIS 62

Petitions for Writ of Review—Time to File—Court of Appeal dismissed petition for writ of review as untimely filed, citing Labor Code § 5950 and Camper v. W.C.A.B. (1992) 3 Cal. 4th 679, 12 Cal. Rptr. 2d 101, 836 P.2d 888, 57 Cal. Comp. Cases 644, when employer…

United States Fire Insurance Company, insurer for Pelican Products, Inc., Petitioner v. Workers' Compensation Appeals Board, Rosa Palafox, Respondents, 2012 Cal. Wrk. Comp. LEXIS 60

Attorney's Fees—Supplemental Award of Fees by Court of Appeal—WCAB denied defendant's petition for reconsideration of its award of reasonable attorney's fees to applicant's attorney pursuant to Court of Appeal's order remanding matter for supplemental award of fees, when WCAB found…

Consolidated Disposal Services, PSI, administered by Cannon Cochran Management Systems, Inc., Petitioner v. Workers' Compensation Appeals Board, Margarito Gonzalez, Respondents. Margarito Gonzalez, Petitioner v. Workers' Compensation Appeals Board, Consolidated Disposal Services, PSI, administered by Cannon Cochran Management Systems, Inc., Respondents, 2012 Cal. Wrk. Comp. LEXIS 59

Petitions for Writ for Review—Final Orders—After consolidation of petitions for writ of review from employer and applicant, Court of Appeal denied both petitions because decision being appealed was …

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