AME’s Opinion Failed to Support Apportionment: Cal. Comp. Cases December Advanced Postings (12/5/2012)

AME’s Opinion Failed to Support Apportionment: Cal. Comp. Cases December Advanced Postings (12/5/2012)

Here’s the second batch of advanced postings for the December 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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Best Buy Company, Inc., Ace American Insurance Company, adjusted by Gallagher Bassett Services, Inc., Petitioners v. Workers' Compensation Appeals Board, Ngon Nguyen, Respondents, 2012 Cal. Wrk. Comp. LEXIS 152

Permanent Disability—Apportionment—WCAB, in split panel decision, held that applicant/repair technician incurred 100 percent permanent disability as result of cumulative injuries to his neck, low back, both legs and feet, psyche, and in forms of carpal tunnel syndrome, gastrointestinal disorder, and hypertension, and that agreed medical evaluator’s opinion did not constitute substantial evidence to support apportionment under Escobedo v. Marshalls (2005) 70 Cal. Comp. Cases 604 (Appeals Board en banc opinion) and E.L. Yeager Construction v. W.C.A.B. (Gatten) (2006) 145 Cal. App. 4th 922, 52 Cal. Rptr. 3d 133, 71 Cal. Comp. Cases 1687, when…

Injury AOC/COE—WCAB, in split panel decision, held that, despite agreed medical evaluator’s contrary opinion, applicant/repair technician did not suffer claimed specific injury, but rather continuation of cumulative trauma to his neck, low back, both legs and feet, psyche, and in forms of carpal tunnel syndrome, gastrointestinal disorder, and hypertension, when WCAB found that …

From the Heart Home Care, Inc., Petitioner v. Workers' Compensation Appeals Board, Trevor White, Foremost Insurance Company, adjusted by Crawford & Company, Sarah Serunjogi, Respondents, 2012 Cal. Wrk. Comp. LEXIS 153

Employment Relationships—Exempt Employers—Employment Agency, Employment Counseling, and Job Listing Services Act—WCAB held that defendant domestic employment agency was not entitled to exemption described in Civil Code § 1812.5095(b) in connection with injury incurred by applicant while providing domestic caretaking services, when…

Michael G. Banks, Petitioner v. Workers' Compensation Appeals Board, McClatchey Newspapers, Inc., dba Sacramento Bee, PSI, adjusted by York Risk Services Group, Inc., Respondents, 2012 Cal. Wrk. Comp. LEXIS 150

Psychiatric Injury AOE/COE—WCAB held that applicant newspaper writer/editor did not sustain cumulative trauma injury AOE/COE as claimed in period ending 8/11/2008 to his eyes, gastrointestinal tract, and psyche, based on opinions from…

Barrett Business Services, Inc., PSI, Petitioner v. Workers' Compensation Appeals Board, Jerry Hathcock, Respondents, 2012 Cal. Wrk. Comp. LEXIS 151

Statute of Limitations—Estoppel—WCAB held that applicant’s claim for industrial injury on 2/27/2008 was not barred by statute of limitations of Labor Code § 5405, and, alternatively, that defendant was estopped from claiming statute of limitations defense, when WCAB found that…

Panel Qualified Medical Evaluators—WCAB held that applicant was entitled to second list of panel qualified medical evaluators within reasonable geographic distance of his residence in Loma Linda (or agreed medical evaluator, if parties so agreed), when WCAB found that…

Laches—WCAB held that applicant’s claim was not barred under laches, when WCAB found that…

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