90-Day Presumption of Compensability Doesn’t Apply to Jurisdiction Issues: Cal. Comp. Cases June Advanced Postings (6/4/2013)

90-Day Presumption of Compensability Doesn’t Apply to Jurisdiction Issues: Cal. Comp. Cases June Advanced Postings (6/4/2013)

Here’s the second batch of advanced postings for the June 2013 issue of Cal. Comp. Cases.
Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.
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Sergio Perez, Petitioner v. Workers' Compensation Appeals Board, Hilltown Packing Company, Cannon Cochran Management Services, Respondents, 2013 Cal. Wrk. Comp. LEXIS 91 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 91 (Lexis Advance)
WCAB Jurisdiction—Out-of-State Injuries—WCAB affirmed WCJ’s finding that WCAB had no jurisdiction under Labor Code § 5305 over applicant’s claim for industrial injury that occurred while applicant was working in Arizona, even though applicant’s primary residence was in California and employer’s business was based in California, when WCAB found that…
Community Development Commission, PSI, Petitioner v. Workers' Compensation Appeals Board, Apple One Services, California Insurance Guarantee Association, on behalf of California Compensation Insurance Company, in liquidation, (Elizabeth Arguelles), Respondents, 2013 Cal. Wrk. Comp. LEXIS 89 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 89 (Lexis Advance)
California Insurance Guarantee Association—Other Insurance—Statute of Limitations—WCAB affirmed WCJ’s order dismissing California Insurance Guarantee Association, on behalf of general employer’s insolvent carrier, as party defendant, when WCAB found that…
Athens Administrators, administrator for East Bay Municipal Utility District, PSI, Petitioners v. Workers' Compensation Appeals Board, Terry Santa Maria, Respondents, 2013 Cal. Wrk. Comp. LEXIS 88 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 88 (Lexis Advance)
Statute of Limitations—WCAB held that applicant’s claim of industrial cumulative trauma through 3/14/2006 was not barred by statute of limitations, when WCAB found that…
Permanent Disability—Rating—Apportionment—WCAB awarded applicant 39 percent permanent disability for two industrial left knee injuries (12/9/2005 and cumulative ending 3/14/2006), after adjustment for age and occupation and before apportionment, 2/3 of permanent disability due to cumulative trauma injury (26 percent) and 1/3 due to 12/9/2005 injury (13 percent), all based on…
Evidence—Admissibility—WCAB held that all reports from panel qualified medical evaluator were inadmissible because…
United States Fidelity and Guaranty Insurance Company (administered by Gallagher Bassett Services, Inc.), insurer for Rudy and Florita Perez, Petitioners v. Workers' Compensation Appeals Board, Juan Castillo, Respondents, 2013 Cal. Wrk. Comp. LEXIS 92 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 89
Employment Relationships—WCAB held that applicant was employee of defendants at time of two claimed industrial injuries to low back, neck, bilateral upper extremities, head, and psyche (5/6/2006 and cumulative from 7/28/2005 to present), based on applicant’s testimony about terms, dates, and duties of his employment as apartment manager for defendants that WCAB found…

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