Interpreter Sanctioned for Attempting to Deliberately Mislead Judge: Cal. Comp. Cases July Advanced Postings (7/11/2012)

Interpreter Sanctioned for Attempting to Deliberately Mislead Judge: Cal. Comp. Cases July Advanced Postings (7/11/2012)

Here’s the next batch of advanced postings for the July 2012 issue of California Compensation Cases.

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Alberto Stambuk, Petitioner v. Workers' Compensation Appeals Board, Enrichment Enterprises, Inc., dba Little Caesar's Pizza, State Farm Insurance Companies, (Gabriel Sanchez), Respondents, 2012 Cal. Wrk. Comp. LEXIS 82

Interpreter Services—Sanctions—WCAB ordered petitioner to pay WCAB sanctions of $2,500, after order to show cause, when WCAB found that applicant was attending WCAB status conference on his claims of three industrial injuries, that petitioner, Spanish language interpreter and owner of interpreting services company, approached applicant and asked applicant to tell WCJ that applicant had limited ability to speak and understand English and needed petitioner/petitioner’s company as Spanish language interpreter, that applicant refused because …

Bruce Bates, Petitioner v. Workers' Compensation Appeals Board, Valley Vintners Wine Company, PSI, Respondents, 2012 Cal. Wrk. Comp. LEXIS 80

Permanent Disability—Apportionment—Non-industrial Factors—WCAB, rescinding WCJ’s finding, held that opinion of psychiatric agreed medical examiner indicating that there was “reasonable likelihood” that 95 percent of applicant/warehouse supervisor’s permanent total disability was due to industrial cervical spine, low back, and psyche injuries, and that five percent resulted from non-industrial factors, was sufficient to justify apportionment of permanent disability, when WCAB…

Valentina Rodrigues, Petitioner v. Workers' Compensation Appeals Board, County of Sacramento, PSI, administered by County of Sacramento Workers' Compensation, Respondents, 2012 Cal. Wrk. Comp. LEXIS 81

Permanent Disability—Rating—Diminished Future Earning Capacity—WCAB held that applicant/custodian with 7/23/2007 industrial injuries to her low back, right shoulder, left shoulder, thoracic spine, and psyche failed to meet her burden of rebutting diminished future earning capacity adjustment factor in 2005 Permanent Disability Rating Schedule pursuant to analysis in Ogilvie v. W.C.A.B. (2011) 197 Cal. App. 4th 1262 [129 Cal. Rptr. 3d 704, 76 Cal. Comp. Cases 624] (Ogilvie III), when WCAB found that …

Permanent Disability—Rating—Diminished Future Earning Capacity—Due Process—WCAB held that applicant’s inability to access sampling data used in computing diminished future earning capacity adjustment factor in 2005 Permanent Disability Rating Schedule was…

Los Angeles Trade-Technical College, PSI, administered by York Insurance Services Group, Petitioners v. Workers' Compensation Appeals Board, Shing Ling Chi, Respondents, 2012 Cal. Wrk. Comp. LEXIS 78

Cumulative Trauma Injury AOE/COE—WCAB held that applicant clerk typist sustained cumulative trauma injury AOE/COE from 2/99 through 1/22/2004 to her psyche, jaw/TMJ, and in form of fibromylagia, based on …

Advanced Orthopedics, Green Lien Collections, Inc., Petitioners v. Workers' Compensation Appeals Board, Marble Express, California Insurance Guarantee Association, administered by Cambridge, on behalf of Fremont Insurance, in liquidation, (Rafael Alon), Respondents, 2012 Cal. Wrk. Comp. LEXIS 79

Petitions for Reconsideration/Removal—WCAB dismissed petition for reconsideration of WCJ’s discovery order because order was not final order subject to reconsideration under Labor Code § 5900, and, alternatively, WCAB denied request for removal to WCAB under Labor Code 5310 because …

Petitions for Writ of Review/Mandate—Court of Appeal denied petitioners’ petition for writ of review/mandate, noted that California Insurance Guarantee Association agreed to …

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