Employer Wrongfully Terminated Applicant Because of Industrial Injury: Cal. Comp. Cases October Advanced Postings (10/4/2012)

Employer Wrongfully Terminated Applicant Because of Industrial Injury: Cal. Comp. Cases October Advanced Postings (10/4/2012)

Here’s the second batch of advanced postings for the October 2012 issue of Cal. Comp. Cases.

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

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Nationwide Construction Repair Company, Inc. (insured by AIG Claim Services), Petitioner v. Workers' Compensation Appeals Board, Daniel Lee, Respondents, 2012 Cal. Wrk. Comp. LEXIS 121

Discrimination—Labor Code § 132a—WCAB held that employer discriminated against applicant in violation of Labor Code § 132a by terminating applicant because of industrial injury and claim for his injury, when WCAB found that …

EWFS, Inc., Southern Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Sunset Electric and Construction, Uninsured Employers Benefits Trust Fund, (Noe Garcia-Tomas), Respondents, 2012 Cal. Wrk. Comp. LEXIS 119

Unlicensed and Uninsured Subcontractors—Liabilities of General Contractor and Uninsured Employers Benefits Trust Fund—WCAB, affirming WCJ, held that applicant/electrician helper who suffered chest and abdomen injuries while working on jobsite for electrical subcontractor who was illegally uninsured for workers’ compensation benefits on applicant’s date of injury, and thereby…

Jose Gomez, Petitioner v. Workers' Compensation Appeals Board, Castle & Cooke, Inc., dba Seven Oaks Country Club, Zurich American Insurance Company, Respondents, 2012 Cal. Wrk. Comp. LEXIS 120

Permanent Disability—Rating—AMA Guides—WCAB, affirming WCJ in split panel decision, held that applicant/groundskeeper incurred 34 percent permanent disability as result of industrial back and psyche injuries, based on opinion of defense qualified medical evaluator, when WCAB found that …

Jason Peterson (Dec'd), Kirstie McCranie-Peterson (Widow), Petitioner v. Workers' Compensation Appeals Board, California Department of Corrections and Rehabilitation, State Compensation Insurance Fund, adjusting agency, Respondents, 2012 Cal. Wrk. Comp. LEXIS 122

Injury AOE/COE—Off-Duty Recreational/Athletic Activities—WCAB, in split panel decision, affirmed WCJ’s finding that applicant/widow’s claim arising from her husband/decedent’s injury to his left calf, resulting in pulmonary embolism and death, was barred by …

Recovery Resources, Inc., on behalf of Mills Peninsula Hospital and Republic Document Management, Petitioners v. Workers' Compensation Appeals Board, Costco Wholesale Corporation, adjusted by Sedgwick CMS, Horst Robert Stahl, Respondents, 2012 Cal. Wrk. Comp. LEXIS 123

Costs—Witness Travel Expenses—WCAB affirmed WCJ’s award of costs in amount of $690.90 pursuant to Labor Code § 5811 for travel expenses, including air fare, hotel, and meals, incurred by …

Roberta Rust, Petitioner v. Workers' Compensation Appeals Board, Public Storage, Inc., American International Group, Chartis Fusion Group, Respondents, 2012 Cal. Wrk. Comp. LEXIS 124

Petitions for Writ for Review—Time to File—Court of Appeal dismissed petition for writ of review not filed within…

Super Heat, United States Fire Insurance (one of Crum & Forster group of companies), Petitioners v. Workers' Compensation Appeals Board, Alexander Kamakeeaina, Respondents, 2012 Cal. Wrk. Comp. LEXIS 125

Injury AOE/COE—WCAB held that applicant sustained injury AOE/COE to spine, urinary, and bowel systems, and in form of sexual dysfunction and sleep disorder, in addition to admitted ankle injury, from fall while working for defendant on 11/20/2006, when WCAB found that…

Rose Walton, Petitioner v. Workers' Compensation Appeals Board, State of California/Department of Corrections and Rehabilitation, legally uninsured, State Compensation Insurance Fund, adjusting agent, Respondents, 2012 Cal. Wrk. Comp. LEXIS 126

Petitions for Writ of Review—Final Orders—Court of Appeal dismissed petition for writ of review not taken from final order of the WCAB, when WCAB had affirmed its …

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