Lien Claimant’s PQME Reports Admitted Into Evidence: Cal. Comp. Cases February Advanced Postings (2/10/2012)

Lien Claimant’s PQME Reports Admitted Into Evidence: Cal. Comp. Cases February Advanced Postings (2/10/2012)

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

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

County of Mendocino, PSI, Petitioner v. Workers' Compensation Appeals Board, City of Willits, PSI, Aaron Branscomb, Respondents, 2012 Cal. Wrk. Comp. LEXIS 5

Medical-Legal Procedure—Medical Reports as Evidence—Rights of Lien Claimant—WCAB, affirming WCJ's finding that applicant/deputy sheriff sustained 7/17/2008 industrial left knee injury during his employment with County of Mendocino (County) causing need for medical treatment, held that WCJ did not err in admitting and relying on panel qualified medical evaluator reports legally obtained under Labor Code §§ 4060, 4062.1, and 4064(d) by City of Willits (City), applicant’s former employer and lien claimant in applicant’s workers’ compensation case against County, in connection with prior claim by applicant involving 2002 industrial injury while working for City, when WCAB found that admission of panel qualified medical reports was not precluded by Labor Code §§ 4060 and 4062.1, because…

Margarita Aparicio, Petitioner v. Workers' Compensation Appeals Board, Unisex Barber, CNA Claims Plus, Respondents, 2012 Cal. Wrk. Comp. LEXIS 4

Employment Relationships—Independent Contractors—WCAB held that applicant hair stylist was independent contractor under Labor Code § 3353, not employee of defendant’s on date of alleged cumulative trauma industrial injury, when WCAB relied on testimony from defense witnesses, including owner of defendant barbershop, and found that testimony indicated that (1) barbershop provided work location and some supplies, (2) applicant provided own tools…

Elena Solorio, Petitioner v. Workers' Compensation Appeals Board, Child Development, Inc./Green Valley Pre-School, Matrix Absence Management, Inc., Respondents, 2012 Cal. Wrk. Comp. LEXIS 6

Injury AOE/COE—WCAB held that applicant sustained admitted injury AOE/COE to her knees on 5/31/2006, from fall at work, but not to her back or neurologic system, when…

Evidence—Reopening Record—WCAB held that there was no good cause to grant applicant’s post-trial request to reopen record for additional medical report on issue of injury AOE/COE to applicant’s neurological system, when WCAB found that…

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