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Partially Dependent Applicant Limited to 25K Death Benefit: Cal. Comp. Cases August Advanced Postings (8/15/2012)

August 15, 2012 (3 min read)
Here’s the third batch of advanced postings for the August 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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Devon Davis (Dec'd), Carol Davis, Bridgette Davis, as guardian ad litem for Milan Davis, Petitioners v. Workers' Compensation Appeals Board, Harrison & Nichols Trucking, PSI, Respondents, 2012 Cal. Wrk. Comp. LEXIS 99
Death Benefits—Amount of Benefit—WCAB held that WCJ correctly found that partially dependent applicant was entitled to $25,000 death benefit stemming from death of decedent/bus driver who suffered fatal injury, despite applicant’s assertion that, since her totally dependent son was entitled to $250,000 death benefit, she was entitled to difference between $290,000 and $250,000, i.e., $40,000, when WCAB found that…
Petitions for Writ of Review—Final Order—Court of Appeal denied as premature petition for writ of review from decedent's son, when…
Kelly Staff Leasing (Los Felix Village), CNA Claimplus, Petitioners v. Workers' Compensation Appeals Board, Laureen Dawn Behm, Respondents, 2012 Cal. Wrk. Comp. LEXIS 100
Injury AOE/COE—After granting petition to reopen stipulated award, WCAB held that applicant sustained cumulative trauma injury AOE/COE to right hand and right foot in period from …
Temporary Disability—Petitions to Reopen for New and Further Disability—After granting petition to reopen stipulated award for new and further disability, WCAB awarded applicant temporary total disability from 1/15/2008 to present and continuing, for injury to …
Phillip Davis, Petitioner v. Workers' Compensation Appeals Board, Rockwell International (now The Boeing Company), PSI, adjusted by Sedgwick, Respondents, 2012 Cal. Wrk. Comp. LEXIS 103
Petitions for Writ of Review—Time to File—Court of Appeal dismissed petition for writ of review not filed within…
Aida Lopez, Petitioner v. Workers' Compensation Appeals Board, C & S Wholesale Groceries, PSI, adjusted by Cannon Cochran Management Services, Respondents, 2012 Cal. Wrk. Comp. LEXIS 101
Removal to WCAB—WCAB denied applicant’s petition to remove case to itself, stemming from applicant’s injury to low back and claimed injury to psyche and WCJ’s findings and order ordering Medical Director, Division of Workers’ Compensation, to find replacement panel qualified medical evaluator member or replacement panel in field of psychology, when WCAB found that …

 

 

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