No Permanent Total Disability Found Based on AME and VR Expert Opinions: Cal. Comp. Cases April Advanced Postings (3/29/2012)

No Permanent Total Disability Found Based on AME and VR Expert Opinions: Cal. Comp. Cases April Advanced Postings (3/29/2012)

Here’s the first batch of advanced postings for the April 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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Beverly Binstock, Petitioner v. Workers' Compensation Appeals Board, Your Home Nursing Services, Inc., State Compensation Insurance Fund, Subsequent Injuries Benefits Trust Fund, Respondents, 2012 Cal. Wrk. Comp. LEXIS 20

Permanent Total Disability—WCAB held that applicant was not permanently totally disabled as result of three admitted industrial injuries (9/20/2001, 1/28/2002, and cumulative ending 2/9/2003), based on applicant’s testimony and opinions from agreed medical evaluator in orthopedics, agreed medical evaluator in psychiatry, and applicant’s treating physician, under either LeBoeuf or Labor Code § 4662, when WCAB considered opinions from orthopedic agreed medical evaluator about applicant’s use of walker and opinions from vocational rehabilitation expert that applicant was unable to compete in open labor marker, and WCAB also held that...

Permanent Total Disability—Rating—WCAB held that applicant had no permanent partial disability for admitted injury AOE/COE on 9/20/2001 to neck and psyche, based on...

Permanent Total Disability—Apportionment—WCAB awarded applicant 13 percent permanent partial disability, after apportionment and adjustment for age and occupation, for admitted injury AOE/COE on 1/28/2002 to right knee and psyche, based on…

Permanent Total Disability—Apportionment—WCAB awarded applicant home health care worker 47 percent permanent partial disability, after apportionment and adjustment for age and occupation, for admitted cumulative trauma injury AOE/COE ending 2/9/2003 to her back, neck, bilateral wrists and hands, bilateral knees, right shoulder, and psyche, based on…

Subsequent Injuries Benefits Trust Fund—Labor Disabling Injury—WCAB held that applicant did not meet threshold requirements for Subsequent Injuries Benefits Trust Fund liability under Labor Code § 4751 because…

Giuseppe Catrucco, Petitioner v. Workers' Compensation Appeals Board, Kaiser Foundation Hospital, Subsequent Injuries Benefits Trust Fund, Respondents, 2012 Cal. Wrk. Comp. LEXIS 21

Subsequent Injuries Benefits Trust Fund—Threshold Requirements for Liability—WCAB affirmed WCJ’s finding that applicant/painter, who suffered specific and cumulative industrial injuries to multiple body parts between 1989 and 1993, did not meet his burden of establishing entitlement to Subsequent Injuries Benefits Trust Fund benefits pursuant to requirements in Labor Code § 4751, when WCAB found that …

Michelle Mapstead, Petitioner v. Workers' Compensation Appeals Board, City of Los Angeles (Los Angeles Fire Department), PSI, Respondents, 2012 Cal. Wrk. Comp. LEXIS 22

Serious and Willful Misconduct by Employer—WCAB affirmed WCJ’s finding that injuries incurred by applicant to her back, chest, respiratory system, and other body parts on 9/22/98 while performing an up-and-over drill as part of her firefighter training were not caused by employer’s serious and willful misconduct under Labor Code § 4553, when WCAB found that …

Evidence—Admissibility—WCAB held that WCJ properly denied applicant’s request to exclude testimony of certain defense witnesses, when applicant’s request was based on her contention that defense counsel withheld pertinent documents that applicant had subpoenaed prior to trial, but WCJ found that…

Melissa Munson (Dec’d), Dean L. Munson, individually and as guardian ad litem and trustee for Carl E. Munson, Petitioner v. Workers' Compensation Appeals Board, City of Los Angeles (Police Department), PSI, administered by Tristar Risk Management, Respondents, 2012 Cal. Wrk. Comp. LEXIS 23

Attorney's Fees—Calculation—WCAB, affirming WCJ’s finding that applicant’s attorney was entitled to fee equaling 10 percent of value of lifetime award of death benefits to decedent/police officer’s mentally incapacitated young adult son, rejected applicant’s attorney’s position that he was entitled to 13.7 percent fee based on above-average complexity of case, and that fee should have been calculated on…

Personnel Plus, Inc., National Union Fire Insurance Company of Pittsburgh, Pennsylvania, administered by Chartis Insurance, Petitioners v. Workers' Compensation Appeals Board, Francisco Patron, Respondents, 2012 Cal. Wrk. Comp. LEXIS 24

Presumption of Compensability—Rebuttal of Presumption—WCAB rescinded WCJ’s finding that applicant/forklift operator suffered compensable injuries to his neck, back, and right shoulder on 7/13/2010, and remanded matter for further development of medical record, when applicant’s testimony regarding …

Evidence—Medical Evidence—WCAB’s Duty to Further Develop Record—WCAB rescinded WCJ’s finding that applicant/forklift operator suffered compensable injuries to his neck, back, and right shoulder on 7/13/2010, when, although applicant’s testimony regarding his injury contained significant inconsistencies and could not be deemed credible and treating chiropractor’s report on which WCJ relied did not constitute substantial evidence because it was based on false history provided by applicant, WCAB found that …

John Shek, Petitioner v. Workers' Compensation Appeals Board, Children's Hospital of Oakland, ESIS Insurance Company, Respondents, 2012 Cal. Wrk. Comp. LEXIS 25

Petitions for Reconsideration—Final Orders—WCAB dismissed applicant’s petition for reconsideration of WCJ’s orders that WCAB found were non-final interlocutory orders not subject to petition for reconsideration under Labor Code § 5900(a), Labor Code § 5902, or Labor Code § 5903, when WCJ had ordered …

Removal to WCAB—Alternatively, if petition was petition for removal of case to WCAB under Labor Code § 5310, WCAB denied removal because …

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