Cal. Comp. Cases September Advanced Postings (9/20/2010)

Cal. Comp. Cases September Advanced Postings (9/20/2010)

Here's the third batch of advanced postings for the September 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the full headnotes and summaries.

Maria Bustamante, Petitioner v. Workers' Compensation Appeals Board, Kramvel Display, Redlands Insurance Company, administered by Gallagher Bassett Services, Respondents

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 161

Compromise and Release Agreements--Credit for Permanent Disability Advances--WCAB held that employer properly complied with order approving compromise and release and denied applicant's request for penalties and attorney's fees related to defendant's claimed failure to comply, when WCAB found that applicant sustained injury AOE/COE to neck and bilateral upper extremities and in form of headaches, that WCAB had approved stipulations with request for award that included award for 83-percent permanent partial disability and award for attorney's fee of $15,245 to be commuted from final weekly payments of permanent partial disability, that parties subsequently negotiated compromise and release with credit for permanent disability advances, that it was clear ...

Jovin Porras, Petitioner v. Workers' Compensation Appeals Board, Optical Radiation Corp., American Motorists Insurance Company, adjusted by Broadspire, Respondents

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 162

Injury AOE/COE--Burden of Proof--WCAB, rescinding WCJ's decision in opinion by majority of panel, held that applicant/production worker failed to prove by preponderance of evidence that he suffered injury AOE/COE in form of nasopharyngeal cancer during period 1979 through 9/30/98, when....

Sedgwick Claims Management Services, Inc., administrator for County of Alameda, PSI, Petitioner v. Workers' Compensation Appeals Board, Jeffrey Manguiat, Respondents

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 163

Psychiatric Injuries--Good Faith Personnel Actions--WCAB held that defendant failed to meet burden of proving that applicant/deputy sheriff's psychiatric injury "was substantially caused by a lawful, nondiscriminatory, good faith personnel action" so as to bar applicant's claim for compensation under Labor Code § 3208.3(h), when...

Target Stores, PSI, administered by Sedgwick Claims Management, Petitioner v. Workers' Compensation Appeals Board, Sara Martinez, aka Sara Martinez Rodriguez, Respondents

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 164

Permanent Disability--Application of 1997 Schedule for Rating Permanent Disabilities--WCAB panel majority affirmed WCJ's finding that 1997 Schedule for Rating Permanent Disabilities applied to rate permanent disability stemming from applicant/stock person/merchandise handler's 1998 and 6/21/2002 low back and psyche injuries, when ...

Temporary Disability--Period of Disability--WCAB upheld WCJ's finding that applicant/stock person/merchandise handler with industrial injuries to her neck, low back, right arm, right shoulder, and psyche on 2/21/2007, and to her low back and psyche in 1998 and on 6/21/2002, suffered period of temporary disability from 8/25/2002 through 10/5/2002, when ...

Lita Bond v. W.C.A.B., Judicial Council of California, lawfully uninsured

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 165

Permanent Disability--Rating--Apportionment--WCAB awarded applicant court services analyst 50-percent PPD, after adjustment for age and occupation and without apportionment, for applicant's injury AOE/COE to low back, both knees, and right ankle, based on opinions from AME, when....

Methodist Hospital of Southern California/Arcadia Methodist Hospital, PSI v. W.C.A.B., Susan McLone

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 166

Permanent Disability--Rating--Apportionment--WCAB awarded applicant 100-percent PTD, after adjustment for age and occupation and apportionment to cervical disability, for applicant registered nurse's injury AOE/COE to her cervical and lumbar spine, psyche, gastrointestinal system, and internal system (related to hypertension), based on ...

Temporary Total Disability--WCAB held that applicant was entitled to TTD from day after date of injury (3/7/95) through date her psychiatric hospitalization ended and psychiatric AME found that she was P&S from that injury (2/12/2004), with credit for intervals during that period when defendant paid benefits it identified as TTD benefits and as PD advances.

Swift Cor Tool Engineering v. W.C.A.B., California Insurance Guarantee Association, administered by Cambridge Integrated Services Group, on behalf of Fremont Compensation, in liquidation, (Hector Garay)

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 167

Rehabilitation Unit Appeals--Time to File--WCAB held that defendant did not timely appeal RU determination to WCJ and that determination, ordering defendant to pay applicant retroactive VRMA related to applicant's cumulative trauma industrial injury, was, therefore, final order and remained in effect, when...

Evidence--Admissibility--WCAB held that defendant did not show good cause to reopen record to admit evidence that defendant offered after MSC, i.e., declarations of two witnesses on issue of when and where defendant filed appeal of RU determination, that ...

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