Defendant Gets to Select Interpreters for Depositions It Notices: Cal. Comp. Cases August Advanced Postings (8/9/2014)

Here’s the second batch of advanced postings for August 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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Flavio Solano, Petitioner v. Workers' Compensation Appeals Board, Hess Collection Winery, Zenith Insurance Company, Respondents, 2014 Cal. Wrk. Comp. LEXIS 102 (lexis.com), 2014 Cal. Wrk. Comp. LEXIS 102 (Lexis Advance)

WCAB Procedure—Selection of Interpreter—WCAB, denying removal, affirmed WCJ’s order denying applicant/farm worker’s request to select his own interpreter to provide Spanish interpreting services at his deposition noticed by defendant, when WCAB found that (1) under plain meaning of term “producing party” in Labor Code § 5811(b)(1), and pursuant to WCAB’s decision in Contreras v. Gibson Farms, 2013 Cal. Wrk. Comp. P.D. LEXIS 462 (Appeals Board noteworthy panel decision), defendant, not applicant, has duty to select and provide certified interpreters for depositions it notices, (2) although Labor Code § 5710, which provides statutory authority for conducting depositions in workers’ compensation cases, references…

Monterey County Superior Court/County of Monterey JBWCP, administered by Corvel, Petitioner v. Workers' Compensation Appeals Board, Dixie Martinelli, Respondents, 2014 Cal. Wrk. Comp. LEXIS 100 (lexis.com), 2014 Cal. Wrk. Comp. LEXIS 100 (Lexis Advance)

Penalties—Delayed Payment of Interest on Settlement Proceeds—WCAB affirmed WCJ’s finding that defendant may be liable for penalty for unreasonably delayed payment of interest on settlement funds due to applicant/superior court employee with admitted industrial injury, when WCAB found that…

Sherrill Perkins, Petitioner v. Workers' Compensation Appeals Board, Fresno Unified School District, PSI, Respondents, 2014 Cal. Wrk. Comp. LEXIS 101 (lexis.com), 2014 Cal. Wrk. Comp. LEXIS 101 (Lexis Advance)

Permanent Disability—Apportionment—WCAB found that applicant/teacher incurred 35 percent permanent disability, after apportionment, from three periods of industrial cumulative injury to her psyche and teeth, in addition to admitted industrial injury to her respiratory system, caused by exposure to toxic mold, based on…

Stipulations—Temporary Disability Rate—WCAB held that applicant/teacher was bound by parties’ trial stipulation that her temporary disability rate was $717.42 per week, based on earnings of $1,076.13 per week, which was rate in effect at time of applicant’s injury, and was not entitled to higher rate in effect on date defendant paid temporary disability benefits retroactively, when WCAB found that…

Penalties—Delay in Payment of Compensation—WCAB declined to award applicant/teacher penalties and sanctions as requested in applicant’s 5/17/2010 petition for penalties on delayed temporary disability and permanent disability payments, when there was no evidence presented at trial on issue; WCAB did not…

Attorney’s Fees—Delay in Payment of Compensation—WCAB held that applicant’s attorney was not entitled to additional attorney’s fees under Labor Code § 5813 for retroactive temporary disability paid by defendant on 2/4/2011 because, although applicant’s 5/17/2010 petition for penalties suggested that…

Felecia A. Booker, Petitioner v. Workers' Compensation Appeals Board, Riverside County Superior Court, PSI, administered by Corvel Corporation, Respondents, 2014 Cal. Wrk. Comp. LEXIS 99 (lexis.com), 2014 Cal. Wrk. Comp. LEXIS 99 (Lexis Advance)

Injury AOE/COE—Going and Coming Rule—WCAB held that applicant’s injury was barred by going and coming rule and that two exceptions that applicant contended applied did not apply, when WCAB found that…

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