Cal. Comp. Cases September Advanced Postings (9/16/2011)

Cal. Comp. Cases September Advanced Postings (9/16/2011)

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

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County of Los Angeles, PSI, Petitioner v. Workers' Compensation Appeals Board, Kowit Silananda, Somboon Intrachooto, Respondents, 2011 Cal. Wrk. Comp. LEXIS 131

Medical Treatment—Home Health Care Services—WCAB held that lien claimant, applicant's husband, was entitled to be paid for 24-hour nursing care provided to applicant, beginning 12/5/2004, and amended WCJ's $100-per-day award to reflect that reasonable value of lien claimant's services was $200 per day, when WCAB found that…

Issa Farraj (Dec'd) and Faten Farraj (Widow), Petitioner v. Workers' Compensation Appeals Board, LDI Trucking, Inc., Redwood Fire and Casualty Insurance Company, Respondents, 2011 Cal. Wrk. Comp. LEXIS 134

Removal to WCAB—WCAB denied applicant's petition to remove case to WCAB, finding no showing that substantial prejudice or irreparable harm would occur if removal was not granted and no showing that when case was adjudicated reconsideration would not be adequate remedy, when WCAB found that…

Agop Bakerian, Petitioner v. Workers' Compensation Appeals Board, Reseda Dodge Sales, Country Automotive & Transmissions, State Compensation Insurance Fund, Respondents, 2011 Cal. Wrk. Comp. LEXIS 130

Permanent Disability—Rating—Diminished Future Earning Capacity—WCAB affirmed WCJ's finding that applicant/automobile mechanic failed to meet his burden of proof to rebut scheduled diminished future earning capacity adjustment factor pursuant to Ogilvie I and Ogilvie II [on 7/29/2011 Court of Appeal in Ogilvie v. W.C.A.B. (2011) 197 Cal. App. 4th 1262, 76 Cal. Comp. Cases 624, reversed WCAB en banc decision in Ogilvie and remanded matter for further proceedings], and to establish that he was 100-percent permanently disabled as result of specific and cumulative industrial injuries to his low back, gastrointestinal system, psyche, and in form of headaches, hernia, and irritable bowel syndrome, when WCAB found…

University of Southern California, PSI, administered by Sedgwick Claims Management Services, Inc., Petitioner v. Workers' Compensation Appeals Board, Peter M. Wiggins, Respondents, 2011 Cal. Wrk. Comp. LEXIS 132

Injury AOE/COE—Horseplay—WCAB held that, based on totality of evidence, defendant failed to establish that applicant/security officer was engaged in horseplay so as to bar his claim for injuries to his head, neurological system, ears, legs, knees, and psyche, as well as consequential sleep disturbance, when WCAB found that…

Jose Cruz, Petitioner v. Workers' Compensation Appeals Board, Highland Steel & Fabrication, Inc./Highland Steel Supply & Fabrication, Uninsured Employers Benefits Trust Fund, Respondents, 2011 Cal. Wrk. Comp. LEXIS 133

Compromise and Release Agreements—WCAB held that Uninsured Employers Benefits Trust Fund properly paid all orders, in correct amounts, as specified in order approving compromise and release dated 7/14/2008, including vocational rehabilitation attorney's fees, benefits specified in decision and order of Rehabilitation Unit, and retroactive vocational rehabilitation benefits, when WCAB found that…

Maria Osorto, Petitioner v. Workers' Compensation Appeals Board, Liquid Containers/Plaxicon, Travelers Insurance Company, Respondents, 2011 Cal. Wrk. Comp. LEXIS 136

Injury AOE/COE—WCAB held that applicant plastic production laborer sustained cumulative trauma injury AOE/COE from 1/2000 through 8/31/2004 to both wrists but not to spine, other parts of both upper extremities, psyche, or in form of sleep disorder, based on…

Temporary Disability—WCAB found that injuries likely caused temporary disability but found that record needed to be developed further on…

Mulji Patel, Petitioner v. Workers' Compensation Appeals Board, Boeing North American, Respondents, 2011 Cal. Wrk. Comp. LEXIS 137

Petitions for Writ of Review—Dismissal—Court of Appeal dismissed pro per applicant's petition for writ of review of 2/15/2011 WCAB decision that denied applicant's petition for mandate/removal related to issues of reimbursement for medical treatment for applicant's 1983 industrial injury and disqualification of defense counsel, when WCAB found that…

Lowell Ford, Sr., Petitioner v. Workers' Compensation Appeals Board, William A. West, Company, Inc., Employers Compensation Insurance Company/Employers Insurance Group, Respondents, 2011 Cal. Wrk. Comp. LEXIS 135

Petitions for Reconsideration—Time to File—WCAB dismissed petition for reconsideration not filed within time limits of Labor Code § 5903, Code of Civil Procedure § 1013, and 8 Cal. Code Reg. § 10507, when pro per applicant sought…