Two-Year TD Limitation Applies Despite No Proof at Trial When Payments Commenced: Cal. Comp. Cases October Advanced Postings (9/29/2013)

Two-Year TD Limitation Applies Despite No Proof at Trial When Payments Commenced: Cal. Comp. Cases October Advanced Postings (9/29/2013)

Here’s the first batch of advanced postings for the October 2013 issue of Cal. Comp. Cases.

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

© Copyright 2013 LexisNexis. All rights reserved.

Rosa Lopez, Petitioner v. Workers' Compensation Appeals Board, Sodexho, PSI, Insurance Company of Pennsylvania, Respondents, 2013 Cal. Wrk. Comp. LEXIS 148 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 148 (Lexis Advance)

Temporary Disability—Two-Year Limitation on Temporary Disability Indemnity—WCAB, in split panel opinion, rescinded WCJ’s finding that, because defendant did not present proof at trial as to date on which temporary disability payments commenced, limitations provided in Labor Code § 4656(c)(1) did not apply to temporary disability payments…

Houston Comets, Federal Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Jessie Kenlaw, Respondents, 2013 Cal. Wrk. Comp. LEXIS 147 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 147 (Lexis Advance)

WCAB Jurisdiction—Professional Athletes—WCAB affirmed WCJ’s finding that applicant/assistant basketball coach incurred 70 percent permanent disability as result of industrial cumulative trauma to multiple body parts , and that WCAB had jurisdiction over applicant’s injury claim, when WCAB found that…

County Sanitation District No. 2 of Los Angeles County/Los Angeles County Sanitation District, PSI, Petitioner v. Workers' Compensation Appeals Board, Johnnie Lee Butler (Dec'd), Robin Butler (Widow), Respondents, 2013 Cal. Wrk. Comp. LEXIS 146 (lexis.com), Respondents, 2013 Cal. Wrk. Comp. LEXIS 146 (Lexis Advance)

Injury AOE/COE—Death—WCAB held that decedent/refuse operator sustained industrial cumulative trauma to his heart, resulting in two heart attacks suffered at home, with second one causing his death, based on employer’s investigative report and opinion of panel qualified medical evaluator, when panel qualified medical evaluator…

Lizabeth Ruiz, Petitioner v. Workers' Compensation Appeals Board, Subsequent Injuries Benefits Trust Fund, Respondents, 2013 Cal. Wrk. Comp. LEXIS 149 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 149 (Lexis Advance)

Subsequent Injuries Benefits Trust Fund—Threshold Requirements for Liability—WCAB, reversing WCJ, held that applicant/eligibility worker who suffered two cumulative trauma injuries to her neck and upper extremities failed to establish threshold requirements for entitlement to Subsequent Injuries Benefits Trust Fund benefits under Labor Code § 4751, when WCAB found that…

Cintas Corporation, Petitioner v. Workers' Compensation Appeals Board, Brenda Phillips, Respondents, 2013 Cal. Wrk. Comp. LEXIS 145 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 145 (Lexis Advance)

Petitions for Writ of Review—Final Orders—Court of Appeal dismissed petition for writ of review because petitioner/applicant was appealing non-final order of WCAB, contrary to requirements of…

Craig Stevens, Petitioner v. Workers' Compensation Appeals Board, Pacific Bell Telephone Company, PSI, Respondents, 2013 Cal. Wrk. Comp. LEXIS 150 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 150 (Lexis Advance)

Injury AOE/COE—WCAB held that applicant line installer/splicing tech did not sustain cumulative trauma injury AOE/COE to his back or shoulders from 8/4/95 through 10/17/2002, when WCAB found that…

Compromise and Release—WCAB held that applicant’s claim of industrial cumulative trauma injury to his shoulders in period ending 10/17/2002 was included in compromise and release approved by WCAB on 11/9/2011, when WCAB found that…

Statute of Limitations—WCAB held that applicant’s claim of industrial cumulative trauma injury to his neck in period from 8/4/95 through 10/17/2002 was barred by statute of limitations of Labor Code § 5405, when WCAB found that…

Wilshire Union Chiro Medical Group, Petitioner v. Workers' Compensation Appeals Board, Facilities Support Services, Inc., Compwest Insurance Company, (Alba Cortez), Respondents, 2013 Cal. Wrk. Comp. LEXIS 151 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 151 (Lexis Advance)

Petitions for Writ of Review—Court of Appeal dismissed petition for writ of review because (1) petition did not assert grounds for issuance of writ of review under Labor Code § 5952, and (2) petition did not include documents from record required by Rule 8.495(a) of California Rules of Court, when…