Cal. Comp. Cases February Advanced Postings 2/3/2010

Cal. Comp. Cases February Advanced Postings 2/3/2010

Here’s the first batch of advanced postings for the February 2010 issue of California Compensation Cases. Lexis.com subscribers can link to the cases below.

Maryalice Merritt v. WCAB, Unico American Corporation, Explorer Insurance Company, State Compensation Insurance Fund

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 1

Reconsideration--Time for WCAB to Act on Petition--WCAB, relying on Shipley v. W.C.A.B. (1992) 7 Cal. App. 4th 1104, 9 Cal. Rptr. 2d 345, 57 Cal. Comp. Cases 493, found that its failure to act on defendant's petition for reconsideration within 60 days from date of filing should not result in automatic denial of petition pursuant to Labor Code § 5909, when WCAB's failure to timely act resulted from its own error in calculating date by which it was required issue decision, causing decision to be issued four days late, and WCAB did not believe that defendant should be precluded from having its petition (challenging WCJ's finding that applicant was 100-percent permanently disabled by 11/19/2002 injuries) considered on its merits due to WCAB's error.

Yolanda Ramirez v. WCAB, On-Line Power, Inc., Clarendon National Insurance, administered by American All Risk Loss Fresno

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 2

Temporary Disability--Petitions to Terminate Liability--WCAB held that, pursuant to 8 Cal. Code Reg. § 10462, defendant was not required to file petition to terminate payment of temporary disability indemnity in order to cease payments to applicant with 2/4/2002 injuries to right wrist and right upper extremity after treating physician and agreed medical evaluator declared applicant's condition to be permanent and stationary on 3/3/2005, notwithstanding prior stipulation that temporary disability payments would not cease until petition to terminate was filed, when defendant sent applicant notice informing applicant that it was discontinuing temporary disability benefits, based on permanent and stationary date, and asserting credit for overpayment of temporary disability; WCAB found that WCJ properly exercised her discretion in allowing defendant credit for all permanent disability advances paid under Labor Code § 4909.

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