Workers' Compensation

Applicant Asserts Marital Privilege to Bar Testimony on Drug Use: Cal. Comp. Cases February Advanced Postings (2/24/2012)

Here’s the fourth batch of advanced postings for the February 2012 issue of Cal. Comp. Cases. subscribers can link to the cases to read the complete headnotes and summaries.

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Zenith Insurance Company, insurer for Cast Aluminum & Brass Corporation, Petitioner v. Workers' Compensation Appeals Board, Ricardo Mota, Respondents, 2012 Cal. Wrk. Comp. LEXIS 13

Discovery—Depositions—Spousal Privilege—WCAB denied defendant's petition for removal from WCJ's order that applicant's wife could not be compelled to testify at deposition regarding applicant's drug use and incarceration, based on marital privilege in Evidence Code §§ 970 and 971, when applicant, who claimed industrial injuries, and his wife married eight days prior to scheduled deposition and produced marriage certificate day before scheduled deposition, both applicant and his spouse asserted privilege and WCAB found that no exception to privilege listed in Evidence Code § 972 was applicable.

Amelia Mendoza (Dec'd), Petitioner v. Workers' Compensation Appeals Board, Huntington Hospital, PSI, adjusted by Sedgwick Claims Management Services, Inc., Respondents, 2012 Cal. Wrk. Comp. LEXIS 10

Injury AOE/COE—Burden of Proof—WCAB, denying applicant’s petition for reconsideration, affirmed its prior decision [see Mendoza v. Huntington Hospital, PSI, 2011 Cal. Wrk. Comp. P.D. LEXIS 330] in which it reversed WCJ’s finding that decedent sustained industrial injuries on 4/12/2009 and 4/14/2009 resulting in her death, and held that applicant…

City of Port Hueneme, PSI, administered by York Risk Services Group, Petitioner v. Workers' Compensation Appeals Board, Rollen Burns, Respondents, 2012 Cal. Wrk. Comp. LEXIS 9

Permanent Disability—Apportionment—WCAB awarded applicant city police officer 40 percent permanent partial disability, without apportionment, for cumulative trauma injury AOE/COE to his left hip from 3/9/78 through 8/13/2010, based on …

WCAB Duty to Further Develop Medical Record—WCAB held that it did not have duty to further develop medical record on issue of apportionment of permanent disability when it found that …

Lucino Villegas, Petitioner v. Workers' Compensation Appeals Board, Carpet King, Neighborhood Spirit Property & Casualty Company, Virginia Surety Company, FirstComp Omaha for Endurance Insurance Company, Respondents, 2012 Cal. Wrk. Comp. LEXIS 11

Employment Relationships—WCAB held that applicant carpet installer was not employee of defendant in period of claimed cumulative trauma industrial injury to multiple body parts (4/2/2006 through 4/2/2007), based on WCAB’s findings that defendant sold carpet to purchasers, including homeowners, that invoice between defendant and purchaser contained statement that ,,,

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