Split WCAB Panel Splits Up Permanent Disability Award: Cal. Comp. Cases July Advanced Postings (7/25/2012)

Split WCAB Panel Splits Up Permanent Disability Award: Cal. Comp. Cases July Advanced Postings (7/25/2012)

Here’s the fifth batch of advanced postings for the July 2012 issue of Cal. Comp. Cases.

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

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Darlyn Piper, Petitioner v. Workers' Compensation Appeals Board, Danka Office Imaging, Zurich Insurance Company, Liberty Mutual Insurance Company, Respondents, 2012 Cal. Wrk. Comp. LEXIS 89

Permanent Disability—Apportionment—Successive Injuries—WCAB, in split decision, affirmed WCJ’s award apportioning permanent disability equally between applicant/customer service representative’s two dates of injury based on opinion of defense qualified medical evaluator, when …

William Rhine, Petitioner v. Workers' Compensation Appeals Board, ATT Pacific Bell Telephone Company, PSI, adjusted by Sedgwick Claims Management Services, Respondents, 2012 Cal. Wrk. Comp. LEXIS 90

Temporary Disability—104-Week Limitation—Exceptions—WCAB held applicant was not entitled to additional temporary disability benefits beyond 104 weeks already paid by defendant because language of Labor Code § 4656(c)(2) limiting temporary disability to 104 weeks was mandatory and although applicant contended estoppel applied, applicant did not establish essential detrimental reliance element of estoppel, when WCAB found …

Alea Work Comp Project, insurer for E-Loan, Inc. (administered by Gallagher Bassett Services), Petitioner v. Workers' Compensation Appeals Board, E-Loan, Inc., insured by St. Paul/Travelers, administered by Broadspire, (Robert Asmega), Respondents, 2012 Cal. Wrk. Comp. LEXIS 87

Cumulative Trauma Injury AOE/COE—WCAB held that applicant loan officer sustained one continuous cumulative trauma injury AOE/COE (not two, as claimed) to neck and upper extremities in period ending 11/17/2004, based on opinions from …

Gerardo Ruiz, Petitioner v. Workers' Compensation Appeals Board, University of California, San Francisco, PSI, adjusted by Sedgwick Claims Management Services, Respondents, 2012 Cal. Wrk. Comp. LEXIS 91

Permanent Disability—Rating—Apportionment—WCAB awarded applicant university custodian 32 percent permanent partial disability for 12/16/2003 industrial injury to lumbar and thoracic spine and psyche, when WCAB rated permanent disability based on opinions from …

Kentucky Fried Chicken, Yums Foods, ACE American Insurance, Gallagher Bassett Services, (third party administrator), Petitioners v. Workers' Compensation Appeals Board, Marcelo Luevano, Respondents, 2012 Cal. Wrk. Comp. LEXIS 88

Injury AOE/COE—Substantial Evidence—WCAB held that applicant/cook did not meet his burden of proof under Labor Code § 3208.5 to show that he sustained compensable cumulative trauma injury to his cardiovascular and internal system for period from 5/1/2005 to 5/1/2006, and …

Gina Stewart, Petitioner v. Workers' Compensation Appeals Board, City of Los Angeles, PSI, Tristar Risk Management, Respondents, 2012 Cal. Wrk. Comp. LEXIS 92

Injury AOE/COE—WCAB held that applicant did not sustain injury AOE/COE in form of gastrointestinal reflux condition or loss of vision …

Permanent Disability—Rating—Apportionment—WCAB awarded applicant city police officer 95 percent permanent partial disability, after apportionment, for cumulative trauma industrial injury from 9/12/88 through 9/13/2007 to kidneys and heart and in form of hypertension, lupus, arterial fibrillation, mitral valve prolapse, and hypertensive heart disease, based on …

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