Settlement Did Not Affect Right to Further Medical Treatment for Sleep Apnea: Cal. Comp. Cases July Advanced Postings (7/17/2012)

Settlement Did Not Affect Right to Further Medical Treatment for Sleep Apnea: Cal. Comp. Cases July Advanced Postings (7/17/2012)

Here’s the fourth batch of advanced postings for the July 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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City of Los Altos (Police Department), Petitioner v. Workers' Compensation Appeals Board, Ronald S. Verna, Respondents, 2012 Cal. Wrk. Comp. LEXIS 83

Compromise and Release—Scope of Settlement—Future Medical Treatment—WCAB held that applicant/police officer’s claim for reimbursement for cost of continuous positive airway pressure machine necessitated by applicant’s sleep apnea was not barred by compromise and release under which applicant settled his claims for specific and cumulative trauma industrial back injuries, when compromise and release provided for open medical care and…

WCAB Jurisdiction—Enforcement of Medical Treatment Awards—WCAB held that WCJ had jurisdiction more than five years after date of applicant’s injuries to award applicant reimbursement for cost of continuous positive airway pressure machine to cure or relieve effects of his sleep apnea, when sleep apnea was compensable consequence of …

County of Los Angeles, PSI, Petitioner v. Workers' Compensation Appeals Board, PDQ Personnel Services, Inc., insured by Superior National Insurance Company, California Insurance Guarantee Association, administered by Sedgwick CMS, on behalf of Superior National Insurance Company, in liquidation, (Jean Snape Polanco), Respondents, 2012 Cal. Wrk. Comp. LEXIS 84

California Insurance Guarantee Association—Other Insurance—General and Special Employers—WCAB held that applicant/administrative assistant’s self-insured special employer, County of Los Angeles, was liable for workers’ compensation benefits payable to applicant as result of specific and cumulative trauma industrial injuries to her bilateral wrists, hands, elbows, shoulders, and psyche, and that CIGA, on behalf of general employer’s insolvent carrier, was shielded from liability pursuant to Insurance Code § 1063.1(c)(9), when WCAB found that …

Kid Brothers Productions, insured by St. Paul Fire and Marine Insurance Company/Travelers, Petitioners v. Workers' Compensation Appeals Board, Film Payment Services, Inc., insured by Legion Insurance, California Insurance Guarantee Association, administered by Sedgwick CMS, on behalf of Legion Insurance, in liquidation, (Ben Barsky), Respondents, 2012 Cal. Wrk. Comp. LEXIS 85

Petitions for Removal/Reconsideration—Time to File—WCAB held that petition for removal should be dismissed because it was not timely filed, and that, alternatively, proper remedy was by…

Pueblo Surgery Center, Petitioner v. Workers' Compensation Appeals Board, Pictsweet Frozen Foods, PSI, adjusted by Risk Enterprise Management, (Maria Martinez), Respondents, 2012 Cal. Wrk. Comp. LEXIS 86

Liens—Medical Treatment—WCAB disallowed lien for medical treatment because lien claimant did not meet burden of establishing that treatment it provided to applicant was reasonable and necessary to cure and relieve effects of applicant's industrial injury, when WCAB found that…

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