18-Year Old Student Relying on Child Support Payments Qualified as Dependent: Cal. Comp. Cases February Advanced Postings (2/7/2013)

18-Year Old Student Relying on Child Support Payments Qualified as Dependent: Cal. Comp. Cases February Advanced Postings (2/7/2013)

Here’s the second batch of advanced postings for the February 2013 issue of Cal. Comp. Cases.

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

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M & E Construction Company, Petitioner v. Workers' Compensation Appeals Board, Jennifer Sturgeon (Widow) and Michael Sturgeon (Dec’d), Respondents, 2013 Cal. Wrk. Comp. LEXIS 9

Death Benefits—Dependents—WCAB held that applicant/daughter of deceased employee qualified as total dependent of decedent under Labor Code §§ 3501 and 4702, when WCAB found that dependency is to be determined as of date of injury under Labor Code § 3502, that in this case date of injury coincided with date of death, that on date of injury applicant was …

Jeanette Zinke, Petitioner v. Workers' Compensation Appeals Board, Mentor Corporation, Liberty Mutual Insurance Company, Respondents, 2013 Cal. Wrk. Comp. LEXIS 12

Temporary Disability—Two-Year Limitation on Temporary Disability Indemnity—WCAB upheld WCJ’s finding that applicant was not entitled to additional temporary disability indemnity in connection with industrial injuries to her left knee, ankle, foot, and head, when defendant paid 104 weeks of temporary disability indemnity pursuant to Labor Code § 4656(c)(1), and WCAB found that…

City of Irvine, PSI, administered by Adminsure, Petitioner v. Workers' Compensation Appeals Board, Stephen Giannini, Respondents, 2013 Cal. Wrk. Comp. LEXIS 7

Permanent Disability—Apportionment—Anti-Attribution Clauses—WCAB awarded applicant/police officer officer 74 percent permanent disability as result of cumulative industrial injuries to his cervical spine, low back, and heart, and held that, despite agreed medical evaluator’s opinion that applicant’s low back disability was apportionable to other industrial injuries, apportionment was precluded under Labor Code § 4663(e), when WCAB found that…

Edgar Tabo, Petitioner v. Workers' Compensation Appeals Board, City and County of San Francisco, Police Department, PSI, Respondents, 2013 Cal. Wrk. Comp. LEXIS 11

Injury AOE/COE—Off-Duty Recreational/Athletic Activities—WCAB, reversing WCJ, held that applicant/police officer did not sustain injury AOE/COE to his back, left shoulder, left upper extremity, knees, ribs, and head pursuant to Labor Code § 3600(a)(9), when applicant’s injuries were sustained while he was riding his bicycle near his home, and WCAB found that…

Michael K. Faruki, Petitioner v. Workers' Compensation Appeals Board, Macy's Department Stores, PSI, administered by Macy's Corporate Services, Risk Management Department, Respondents, 2013 Cal. Wrk. Comp. LEXIS 8

Petitions for Writ of Review—Court of Appeal denied petition for writ of review of WCJ's 10/18/2012 findings of fact denying petitioner's request to…

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