Off-Duty Police Officer Injured in Capacity as Officer: Cal. Comp. Cases July Advanced Postings (7/17/2013)

Off-Duty Police Officer Injured in Capacity as Officer: Cal. Comp. Cases July Advanced Postings (7/17/2013)

Here’s the fourth batch of advanced postings for the July 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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City of Los Angeles, PSI, Petitioner v. Workers' Compensation Appeals Board, Roy Ceja, Respondents, 2013 Cal. Wrk. Comp. LEXIS 108 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 108 (Lexis Advance)

Injury AOE/COE—Off-Duty Police Officers—Concurrent Employment—WCAB affirmed WCJ’s finding that applicant suffered injury AOE/COE and was acting in his capacity as police officer for City of Los Angeles, rather than as security employee of private concert promoter Live Nation at time of injury, when…

Gerald Williams, Petitioner v. Workers' Compensation Appeals Board, Berkeley Unified School District, Respondents, 2013 Cal. Wrk. Comp. LEXIS 115 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 115 (Lexis Advance)

Permanent Disability—Apportionment—WCAB affirmed WCJ’s apportionment of applicant’s permanent disability, based on testimony of two vocational experts that applicant suffered 35 percent loss of future earning capacity and agreed medical examiner’s 20 percent apportionment finding, when…

Michael Higgs, Petitioner v. Workers' Compensation Appeals Board, The Rebel Steel Trucking, Inc., dba Bonilla Trucking, Inc., Respondents, 2013 Cal. Wrk. Comp. LEXIS 111 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 111 (Lexis Advance)

Employment Relationships—WCAB held that applicant failed to establish by preponderance of evidence that he had employment relationship with defendant trucking company or its owners/operators during period of alleged cumulative trauma to his spine, when…

Hull's Walnut Creek Chapel, Farmers Insurance, adjusted by Mid-Century Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Don Maghuyop, Respondents, 2013 Cal. Wrk. Comp. LEXIS 110 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 110 (Lexis Advance)

Permanent Disability—Apportionment—Substantial Evidence—WCAB, upholding WCJ’s award of 100 percent permanent disability to applicant/mortician who incurred cumulative injuries to multiple body parts, found that opinion of agreed medical examiner in psychiatry constituted substantial evidence to support WCJ’s finding that all of applicant’s industrial psychiatric disability was due to…

Ace America (adjusted by ESIS), insurer for Drivers Management LLC (subsidiary of Werner Enterprises), Petitioner v. Workers' Compensation Appeals Board, Ismael Ortega Respondents, 2013 Cal. Wrk. Comp. LEXIS 107 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 107 (Lexis Advance)

Injury AOE/COE—WCAB held that applicant truck driver sustained injury AOE/COE on 10/26/2010 to his lumbar spine, with radiculopathy and injury to both lower extremities and buttocks, but that applicant did not sustain injury AOE/COE on 10/26/2010 in form of sleep loss, all based on…

Tatiana Gallegos, Petitioner v. Workers' Compensation Appeals Board, The Salvation Army, PSI, administered by Sedgwick, Respondents, 2013 Cal. Wrk. Comp. LEXIS 109 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 109 (Lexis Advance)

Petitions for Writ of Review—Final Orders—Court of Appeal denied without prejudice petition for writ of review of WCAB decision that was not final order or decision as required by Labor Code §§ 5900 and 5901, when WCAB had…

Nathan Little, Petitioner v. Workers' Compensation Appeals Board, Diversified Utility Services, Gallagher Bassett, Respondents, 2013 Cal. Wrk. Comp. LEXIS 112 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 112 (Lexis Advance)

Petitions for Reconsideration—Final Orders—WCAB dismissed applicant’s petition for reconsideration because applicant was not appealing final order, as required by Labor Code §§ 5900(a), 5902, and 5903, when applicant…

Removal to WCAB—Alternatively, WCAB treated applicant’s petition as petition for removal to WCAB and found that…

John Shek, Petitioner v. Workers' Compensation Appeals Board, Children's Hospital and Research Center of Oakland, Zurich American Insurance, administered by ESIS, Respondents, 2013 Cal. Wrk. Comp. LEXIS 113 (lexis.com) 2013 Cal. Wrk. Comp. LEXIS 113 (Lexis Advance)

Petitions for Reconsideration/Removal—In 3/12/2013 decision, WCAB dismissed pro per applicant’s petition for removal as successive and noted that applicant should appeal disputed 2/1/2013 WCAB decision to Court of Appeal pursuant to…

Wausau Insurance (adjusted by Liberty Mutual Insurance Company), insurer for Steelcase, Petitioner v. Workers' Compensation Appeals Board, California Insurance Guarantee Association, administered by Sedgwick CMS, on behalf of Superior National Insurance Company, in liquidation (insurer for Eleventh Hour Personnel), Heidi Riddle Leon, Respondents, 2013 Cal. Wrk. Comp. LEXIS 114 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 114 (Lexis Advance)

Petitions for Writ of Review—Final Orders—Court of Appeal dismissed petition for writ of review of WCAB decision that was not final order or decision as required by Labor Code §§ 5900 and 5901, when WCAB had rescinded…

Dave Zada, Petitioner v. Workers' Compensation Appeals Board, Alrpo Millworking, Golden Eagle Insurance Company, adjusted by Liberty Mutual Insurance Group, Respondents, 2013 Cal. Wrk. Comp. LEXIS 116 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 116 (Lexis Advance)

Petitions for Writ of Review—Required Exhibits—Verification—Court of Appeal dismissed petition for writ of review because…

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