Dismissal of $166K Lien for Failure to Appear: Cal. Comp. Cases March Advanced Postings (3/6/2014)

Dismissal of $166K Lien for Failure to Appear: Cal. Comp. Cases March Advanced Postings (3/6/2014)

Here are the first and second batches of advanced postings for the March 2014 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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Miracle Mile Medical Center, LLC, Petitioner v. Workers' Compensation Appeals Board, The Kroger Company, dba Ralphs Grocery, PSI, administered by Sedgwick, Roman Ichmelyan, Respondents, 2014 Cal. Wrk. Comp. LEXIS 17 (lexis.com), 2014 Cal. Wrk. Comp. LEXIS 17 (Lexis Advance)

Liens—Procedural Rights and Duties—Dismissal for Failure to Appear—WCAB upheld WCJ’s order, issued pursuant to 8 Cal. Code Reg. § 10562, dismissing lien claimant’s $166,399.28 lien for failure to appear at scheduled lien conference, when lien claimant admitted that it received proper notice of lien conference and…

Chico's, The Hartford, administered by Broadspire, Petitioners v. Workers' Compensation Appeals Board, Debra Cheli, Respondents, 2014 Cal. Wrk. Comp. LEXIS 18 (lexis.com), 2014 Cal. Wrk. Comp. LEXIS 18 (Lexis Advance)

Permanent Disability—Apportionment—WCAB awarded applicant stock clerk 100 percent permanent disability, without apportionment, for 10/30/2002 industrial low back injury, based on opinions from applicant’s qualified medical evaluator that WCAB found were more persuasive than opinions from defense qualified medical evaluator, when applicant’s qualified medical evaluator considered…

City and County of San Francisco, Petitioner v. Workers' Compensation Appeals Board, Jennifer Forrester, Respondents, 2014 Cal. Wrk. Comp. LEXIS 19 (lexis.com), 2014 Cal. Wrk. Comp. LEXIS 19 (Lexis Advance)

Permanent Disability—Rating—WCAB awarded applicant police sergeant 100 percent permanent disability for admitted injury to psyche in period 12/8/1980 through 3/23/2009 from stress from interactions with supervisors, based on opinions from psychiatric panel qualified medical evaluator, neurological agreed medical evaluator, and applicant’s vocational evaluator, when WCAB found that…

Mary L. Garcia, Petitioner v. Workers' Compensation Appeals Board, County of Santa Barbara, PSI, Corvel Corporation, Respondents, 2014 Cal. Wrk. Comp. LEXIS 20 (lexis.com), 2014 Cal. Wrk. Comp. LEXIS 20 (Lexis Advance)

Permanent Disability—Rating—WCAB awarded applicant juvenile institutions officer 65 percent permanent disability, after apportionment, for 9/30/2002 industrial injury to both upper extremities and right knee, based on opinions from orthopedic agreed medical evaluator, rating instructions, 1997 Schedule for Rating Permanent Disabilities, and rating from Disability Evaluation Unit, when WCAB found that…

Randy Graves, Petitioner v. Workers' Compensation Appeals Board, Roy's Concrete & Masonry, Inc., Farmer's Insurance, Respondents, 2014 Cal. Wrk. Comp. LEXIS 14 (lexis.com), 2014 Cal. Wrk. Comp. LEXIS 14 (Lexis Advance)

Employment Relationships—WCAB held that applicant tractor operator was not employee of defendant on dates of claimed industrial injuries, 6/27/2012 and 6/28/2012, when WCAB found that…

Michelle Livengood, Petitioner v. Workers' Compensation Appeals Board, State of California, National Union Fire Insurance Company, adjusted by AIG, Respondents, 2014 Cal. Wrk. Comp. LEXIS 15 (lexis.com), 2014 Cal. Wrk. Comp. LEXIS 15 (Lexis Advance)

Temporary Disability—Petitions to Terminate—WCAB granted defendant’s petition to terminate applicant park aide’s temporary disability benefits for three admitted industrial injuries to multiple body parts that all occurred in 2000, when WCAB found that…

Pueblo Surgery Center, Inc., Petitioner v. Workers' Compensation Appeals Board, Guadalupe Cooling Company, State Compensation Insurance Fund, et al., Raul Torres, Respondents, 2014 Cal. Wrk. Comp. LEXIS 16 (lexis.com), 2014 Cal. Wrk. Comp. LEXIS 16 (Lexis Advance)

Petitions for Writ of Review—Time to File—Court of Appeal dismissed petition for writ of review because it was not timely filed, when lien claimant was appealing WCAB decision in which WCAB affirmed arbitrator’s finding that lien claimant surgery center holding multiple consolidated liens was entitled to payment pursuant to “in-patient DRG per diem” method of determining reasonableness of charges for dates of service from 6/11/2003 to 12/31/2003 and that dates of service from 1/1/2003 to 6/10/2003 were not subject to reimbursement, when WCAB did not…

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