Applicant's Narcotic Dependency Resulted in Total Loss of Earning Capacity: Cal. Comp. Cases June Advanced Postings (6/12/2013)

Applicant's Narcotic Dependency Resulted in Total Loss of Earning Capacity: Cal. Comp. Cases June Advanced Postings (6/12/2013)

Here’s the third 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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Pacific Compensation Insurance Company, insurer for Vista Ford, Petitioner v. Workers' Compensation Appeals Board, Gregory Nilsen, Respondents, 2013 Cal. Wrk. Comp. LEXIS 90 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 90 (Lexis Advance)
Permanent Disability—Rating—Permanent Total Disability—WCAB affirmed WCJ’s finding that applicant/service writer was permanently totally disabled, with no basis for apportionment, as result of industrial spine injury resulting in chronic pain syndrome and psychiatric disorder, when substantial medical and vocational evidence established that applicant was unable to participate in open labor market due to chronic pain and use of opioid medication, that applicant’s use of narcotics and narcotic dependency was…
Lee Caballero, Petitioner v. Workers' Compensation Appeals Board, Tung Kee Noodle, California Insurance Guarantee Association, on behalf of Fremont Compensation, in liquidation, (John Tran), Respondents, 2013 Cal. Wrk. Comp. LEXIS 83 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 83 (Lexis Advance)
California Insurance Guarantee Association—Assignment of Liens—WCAB rescinded WCJ’s order denying California Insurance Guarantee Association’s petition to compel deposition of lien claimant’s non-attorney lay representative, when…
Adelfo Bernardo Carlos, Petitioner v. Workers' Compensation Appeals Board, Shirley M. Coleman, California State Automobile Association Inter-Insurance Bureau, Respondents, 2013 Cal. Wrk. Comp. LEXIS 93 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 93 (Lexis Advance)
Employment Relationships—Independent Contractor—WCAB, in split panel decision, rescinded WCJ’s finding that applicant/handyman was employee of homeowner/defendant at time of his industrial right knee and left foot injuries and, applying factors in S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal. 3d 341, 769 P.2d 399, 256 Cal. Rptr. 543, 54 Cal. Comp. Cases 80, held that applicant was independent contractor when he was injured, because…
Joel Cortez, Petitioner v. Workers' Compensation Appeals Board, Westfield American, Fireman's Fund Insurance Companies, Respondents, 2013 Cal. Wrk. Comp. LEXIS 94 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 94 (Lexis Advance)
Permanent Disability—Rating—WCAB awarded applicant/accountant 68 percent permanent disability, after apportionment, for industrial cumulative injuries to his back, psyche, and internal/cardiovascular system, based on opinions of agreed medical evaluators in orthopedics, internal medicine, and psychiatry, as well as recommended rating from Disability Evaluation Unit that was determined utilizing WCJ’s rating instructions and 1997 Schedule for Rating Permanent Disabilities, when WCAB found that…
Balwant Sabharwal, Petitioner v. Workers' Compensation Appeals Board, Blue Diamond Growers, Travelers Property Casualty Company of America, Respondents, 2013 Cal. Wrk. Comp. LEXIS 95 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 95 (Lexis Advance)
Psychiatric Injuries—Good Faith Personnel Actions—WCAB held that applicant/sorter sustained noncompensable injury to psyche/stress that was substantially caused by employer’s lawful, nondiscriminatory, good faith personnel action under Labor Code § 3208.3(h) and analysis set forth in Rolda v. Pitney Bowes, Inc. (2001) (Appeals Board en banc opinion), when WCAB found that..
Samantha Van Duinhoven, Petitioner v. Workers' Compensation Appeals Board, Spa Hotel and Casino, California Casualty Insurance, administered by GAB Robins North America, Respondents, 2013 Cal. Wrk. Comp. LEXIS 96 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 96 (Lexis Advance)
Permanent Disability—Rating—WCAB rescinded WCJ’s finding that applicant/spa director suffered permanent total disability as result of industrial injuries to her neck, back, left shoulder, psyche, and in form of chronic pain syndrome, and, finding that there was insufficient evidence that applicant suffered injury to her low back and that she was not correctly diagnosed with chronic pain syndrome, determined that…

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