Intoxication Defense Fails Despite "Presumptive Positive" Blood Test: Cal. Comp. Cases December Advanced Postings (12/15/2011)

Intoxication Defense Fails Despite "Presumptive Positive" Blood Test: Cal. Comp. Cases December Advanced Postings (12/15/2011)

Featured Case of the Week: Intoxication Defense Fails Despite "Presumptive Positive" Blood Test

Beyette's Tree Care, Uninsured, Petitioner v. Workers' Compensation Appeals Board, Bart James Johnson, Respondents, 2011 Cal. Wrk. Comp. LEXIS 187

Injury AOE/COE –Intoxication—WCAB affirmed WCJ’s finding that applicant suffered industrial injuries rendering him paraplegic and 100-percent permanently disabled, and that defendant failed to prove that applicant’s injury was proximately caused by his alleged intoxication or that such alleged intoxication was substantial factor in his injury, when blood test that was “presumptive positive” for presence of some drug compound in “amphetamine screen” was insufficient to establish intoxication defense.

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Here’s the rest of the third batch of advanced postings for the December 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries.

Scott's Jack London Seafood, Inc., Pacific Compensation Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Shelly Fitzsimmons, Respondents, 2011 Cal. Wrk. Comp. LEXIS 189

Permanent Disability—Rating—AMA Guides—WCAB affirmed WCJ's finding that applicant/bartender incurred 25-percent permanent disability as result of 5/13/2007 back injury based on panel qualified medical evaluator’s opinion, and that panel qualified medical evaluator’s opinion was sufficient to rebut strict application of AMA Guides pursuant to requirements in Almaraz v. Environmental Recovery Services/Guzman v. Milpitas Unified School District (2009) 74 Cal. Comp. Cases 1084 (Appeals Board en banc opinion) and Milpitas Unified School Dist. v. W.C.A.B. (Guzman) (2010) 187 Cal. App. 4th 808, 115 Cal. Rptr. 3d 112, 75 Cal. Comp. Cases 837, when…

California Indemnity Insurance Company (adjusted by Gallagher Bassett), insurer for Concrete Express, Petitioner v. Workers' Compensation Appeals Board, Concrete Express, Mid Century Insurance Company, State Compensation Insurance Fund, (Leonard Whiteley), Respondents, 2011 Cal. Wrk. Comp. LEXIS 188

Permanent Disability—Apportionment—Successive Injuries—WCAB affirmed WCJ’s finding that applicant/cement truck driver who suffered industrial injuries to his neck, back, left shoulder, left hip, left knee, lungs, gastrointestinal and urological systems, and in form of headaches, blurred vision, neurological problems, and taste problems on 9/26/98, and cumulative trauma to his neck, back, left hip, and left knee from 10/2/98 to 2/15/2002, incurred 100-percent permanent disability as result of 9/26/98 specific injury, and that there was no basis for apportionment of permanent disability between specific and cumulative injuries pursuant to Labor Code § 4663 and Benson v. W.C.A.B. (2009) 170 Cal. App. 4th 1535, 89 Cal. Rptr. 3d, 166, 74 Cal. Comp. Cases 113, when…

Stipulations—Setting Aside—Fraud—WCAB, denying defendant’s petition for reconsideration, upheld WCJ’s order setting aside earlier stipulated award of 18-percent permanent disability in favor of applicant/cement truck driver who suffered 9/26/98 industrial injury to his neck, back, left shoulder, left hip, left knee, lungs, gastrointestinal and urological systems, and in form of headaches, blurred vision, neurological problems, and taste problems, and cumulative injuries to his neck, back, left hip, and left knee from 10/2/98 to 2/15/2002, when WCJ…