Battle of Applicant and Defense Vocational Experts: Cal. Comp. Cases April Advanced Postings (3/26/2014)

Battle of Applicant and Defense Vocational Experts: Cal. Comp. Cases April Advanced Postings (3/26/2014)

Here’s the first batch of advanced postings for the April 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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Forward Air, Inc., Great West Casualty Company, Petitioner v. Workers' Compensation Appeals Board, Paul Eugenio Feliciano, Respondents, lexis.com, Lexis Advance

Permanent Disability—Rating—Vocational Expert Evidence—WCAB affirmed WCJ’s finding that applicant/warehouseman incurred 100 percent permanent disability as result of industrial amputation of left foot to mid-calf and consequential psychiatric injury, based on opinion of applicant’s vocational expert that applicant could not return to work or undergo vocational rehabilitation due to his orthopedic and psychological conditions, when WCAB found that…

Michelle Hallie, Petitioner v. Workers' Compensation Appeals Board, Pacific Bell and Telephone Company (AT & T successor in interest), PSI, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—Substantial Medical Evidence—WCAB, reversing WCJ, held that applicant/customer service representative did not suffer compensable cardiovascular injury in addition to stipulated cumulative internal, orthopedic, and psychiatric injuries, when WCAB found that…

Permanent Disability—Rating—Sleep Impairment—WCAB, reversing WCJ, held that applicant customer service representative did not suffer separate, ratable sleep disorder/insomnia in addition to stipulated cumulative internal, orthopedic, and psychiatric injuries, when only evidence on causation of sleep disorder was…

Thomas Hewko, D.C., Legal Service Bureau, Petitioners v. Workers' Compensation Appeals Board, J. P. Gergen Construction, Mid-Century Insurance Company, Hector Pasillas, Respondents, lexis.com, Lexis Advance

Lien Claimants—Sanctions—WCAB imposed sanctions under Labor Code § 5813 and 8 Cal. Code Reg. § 10561 of $1,500 to be paid into General Fund and $1,650 in costs and attorney’s fees to be paid to defendants’ attorney, against petitioners/lien claimants who provided medical treatment for applicant’s 2002 industrial injury or represented lien claimants, when WCAB found that…

City of Anaheim, PSI, Petitioner v. Workers' Compensation Appeals Board, Joel Willis, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—WCAB held that applicant city police officer sustained cumulative trauma injury AOE/COE from 6/2/1994 through 8/14/2007 to his psyche (including insomnia), hypertension, gastro-esophageal reflux disease, and irritable bowel syndrome, based on opinions that applicant sustained injury AOE/COE from agreed medical evaluators in psychiatry and internal medicine, when WCAB found that…

Maria Gallardo, Petitioner v. Workers' Compensation Appeals Board, Barrett Business Services, Inc., PSI, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—WCAB held that applicant did not sustain injury AOE/COE from 10/4/2008 through 2/4/2010 to neck, low back, left knee, left upper extremity, head, or psyche from…

Petitions for Reconsideration—Verification—WCAB dismissed applicant’s petition for reconsideration of its decision that applicant sustained injury AOE/COE on 10/30/2009 to…

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