No Entitlement to Replacement QME When QME Allegedly Failed to Issue Timely Supplemental Report: Cal. Comp. Cases May Advanced Postings (5/13/2014)

No Entitlement to Replacement QME When QME Allegedly Failed to Issue Timely Supplemental Report: Cal. Comp. Cases May Advanced Postings (5/13/2014)

Here’s the fourth batch of advanced postings for the May 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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Illinois Midwest Insurance Agency, on behalf of Tower Select Insurance Company, insurer for Loaves and Fishes of Contra Costa, Petitioner v. Workers' Compensation Appeals Board, Ivy Garcia, Respondents, lexis.com, Lexis Advance

Medical-Legal Procedure—Qualified Medical Evaluator Reporting Timeframes—Replacement Panels—WCAB, denying defendant’s petition for removal, held that defendant was not entitled to replacement panel qualified medical evaluator to examine applicant with industrial right shoulder injury pursuant to 8 Cal. Code Reg. § 38(h), due to qualified medical evaluator’s alleged failure to timely issue supplemental report, when WCAB found that…

City of Stockton, PSI, adjusted by Corvel Corporation, Petitioner v. Workers' Compensation Appeals Board, Richard Maddern, Respondents, lexis.com, Lexis Advance

Statute of Limitations—Tolling—WCAB affirmed WCJ’s finding that applicant/police officer’s application for adjudication of claim filed on 10/23/2009, alleging 6/5/95 cervical spine injury, was not barred by statute of limitations in Labor Code § 5405, when WCAB found that statute of limitations was tolled because defendant failed to provide applicant with pamphlet advising him of his workers’ compensation rights pursuant to former 8 Cal. Code Reg. § 9882(a), in effect on applicant’s date of injury, that defendant did not establish that…

Michael Rahmatian, Petitioner v. Workers' Compensation Appeals Board, Home Depot, PSI, administered by Helmsman Management, Respondents, lexis.com, Lexis Advance

Removal to WCAB—WCAB denied petition for removal because petitioner did not show significant prejudice or irreparable harm if case was not removed to WCAB due to WCJ’s 10/11/2013 order that Medical Director issue new panel qualified medical evaluator list in neurology specialty for applicant’s three claimed industrial injuries to his neck (1/8/2002 through 1/8/2003, 12/15/2002, and 1/8/2003), when WCAB found that…

Stewart Roper, Petitioner v. Workers' Compensation Appeals Board, Redondo Beach Unified School District, Palo Verde Unified School District, Pacific Employers Insurance, administered by ESIS West Workers' Compensation Claims, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—Permanent Disability—WCAB held that applicant football coach sustained injury AOE/COE on 9/5/98 and 9/28/99 to left knee and cardiovascular system but not to right knee, hips, or psyche while working for two different employers, based on opinions from agreed medical evaluators in orthopedics, psychiatry, and internal medicine, and WCAB awarded…

Injury AOE/COE—WCAB held that applicant did not sustain injury to his knees, hips, psyche, or internal/cardiovascular system in periods…

Zhanna Davtyan, Petitioner v. Workers' Compensation Appeals Board, Los Angeles County Department of Coroner, PSI, c/o Intercare Holdings Insurance Services, Inc., Respondents, lexis.com, Lexis Advance

Discrimination—Labor Code § 132a—WCAB held that employer did not discriminate against applicant in violation of Labor Code § 132a by terminating her for poor work performance and using profanity directed at supervisor, when WCAB found that…

Attorney’s Fees—WCAB denied claim of applicant’s attorney for attorney’s fees under Labor Code § 5814.5, when WCAB found that…

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