Cal. Comp. Cases September Advanced Postings (9/22/2010)

Cal. Comp. Cases September Advanced Postings (9/22/2010)

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

Bank of America, ACE Insurance Company, administered by Gallagher Bassett Services, Inc., Petitioners v. Workers' Compensation Appeals Board, Michael Quijano (Dec'd), Christine Eclavea (Widow), Respondents

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 168

Injury AOE/COE--Social Activities--WCAB affirmed WCJ's finding that death of employee caused by allergic reaction to peanut eaten at company party was compensable, notwithstanding that employer did not plan or organize party, when ...

County of Sonoma, PSI, administered by York Insurance Services Group, Inc., Petitioners v. Workers' Compensation Appeals Board, Dee Fifer, Respondents

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 169

Medical Treatment--Spinal Surgery--WCAB affirmed WCJ's finding that defendant was liable for providing spinal surgery to applicant with cervical/thoracic spine injury, notwithstanding AME's opinion that applicant's need for spinal surgery was unrelated to her industrial injury, when ....

Barbara Kimball, Petitioner v. Workers' Compensation Appeals Board, Metropolitan State Hospital, legally uninsured, State Compensation Insurance Fund, adjusting agent, Respondents

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 170

Temporary Disability--Amount of Benefit--WCAB held that applicant/registered nurse with specific and cumulative trauma injuries to her right shoulder, neck, hands, psychological system, and temporomandibular joints was entitled to increased temporary disability in accordance with Labor Code § 4661.5, based on statutory temporary disability average weekly earnings in effect on date when...

Sanctions--WCAB held that defendant was not liable for sanctions pursuant to Labor Code § 5813 for failure to timely disclose payroll records in connection with dispute over applicant's earnings, when WCAB found...

Glenda Stafford (Applicant), Randy Shook (Dec'd), Petitioners v. Workers' Compensation Appeals Board, Armored Transport, ESIS Southfield, Respondents

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 171

Psychiatric Injuries--Good Faith Personnel Actions--Suicide--WCAB, upholding its prior decision, held that decedent/armed guard's industrially-related suicide was not compensable under Labor Code § 3208.3(h) because employer's investigation of decedent regarding alleged theft constituted regular, objectively reasonable and routine personnel decision made and carried out in good faith based on totality of circumstances as described in Northrop Grumman Corp. v. W.C.A.B. (Graves) (2002) 103 Cal. App. 4th 1021, 127 Cal. Rptr. 2d 285, 67 Cal. Comp. Cases 1415, and City of Oakland v. W.C.A.B. (Gullet) (2002) 99 Cal. App. 4th 261, 120 Cal. Rptr. 2d 873, 67 Cal. Comp. Cases 705, when WCAB found...

Khatchik Yeressian, Petitioner v. Workers' Compensation Appeals Board, Ralphs Grocery Company, PSI, administered by Sedgwick Claims Management Services, Inc., Respondents

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 172

WCAB Procedure--Vexatious Litigants--Pre-Filing Orders--WCAB upheld Presiding WCJ's order declaring applicant to be vexatious litigant pursuant to 8 Cal. Code Reg. § 10782 and pre-filing order requiring applicant to obtain authorization from WCAB before filing any documents, when...

Hamid Khazaeli v. W.C.A.B., Sysmaster Corporation, Spedia.com, Great American Insurance Company

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 173

Petitions for Writ of Review--Court of Appeal denied petition for writ of review for following reasons: petition was not verified, as required by California Rules of Court, rule 8.486(a)(4), petition did not include minutes of WCAB hearing, as required by California Rules of Court, rule 8.495(a)(1)(B), WCAB order being reviewed is missing three pages (all pages of order being appealed are required by California Rules of Court, rule 8.495(a)(1)(A)), and...

Barbara Smith (Widow), Steven Smith (Dec'd), et al. v. W.C.A.B., Escalon Packers, Inc., Liberty Mutual Insurance Company

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 174

Injury/Death AOE/COE--WCAB held, based on opinions from three QMEs, that deceased worker's death was not related to his industrial low back injury that occurred four years previously, when WCAB found that all treating and evaluating physicians indicated that...

© Copyright 2010 LexisNexis. All rights reserved.