Cal. Comp. Cases October Advanced Postings (9/29/2010)

Cal. Comp. Cases October Advanced Postings (9/29/2010)

Here's the first batch of advanced postings for the October 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below.

Burrtec Waste Industries, Petitioner v. Workers' Compensation Appeals Board, Debbie Collinwood, Respondents

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 177

Temporary Disability--Two-Year Limitation on Indemnity Payments--Amputation Exception--WCAB upheld WCJ's finding that removal of applicant/repair welder's existing breast implants following industrial injury that damaged left implant, constituted "amputation" within meaning of Labor Code § 4656(c)(3)(C), thereby ...

Costco Wholesale Corporation, Petitioner v. Workers' Compensation Appeals Board, Enrique Rojas, Respondents

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 178

Injury AOE/COE--Substantial Evidence--Medical Evidence--WCAB held that AME's opinion constituted substantial evidence to support WCJ's finding that applicant/meat cutter and wrapper suffered cumulative injury to his lungs/respiratory system, even though AME admitted that he did not know precise causative agent of applicant's respiratory condition, when AME's reports ...

Christopher Craig, Petitioner v. Workers' Compensation Appeals Board, CRST International, Respondents

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 179

Injury AOE/COE--Compensable Consequence Injuries--WCAB, citing Beaty v. W.C.A.B. (1978) 80 Cal. App. 3d 397, 144 Cal. Rptr. 78, 43 Cal. Comp. Cases 444, held that applicant/truck driver with 10/7/2007 admitted right shoulder injury did not incur compensable injury to his left shoulder on 1/3/2008, while attempting to place bricks on roof of his cabin to protect cabin from impending storm, as consequence of industrial injury despite panel QME's contrary opinion, when WCAB found...

Sofiane Denni v. W.C.A.B., Abrams & Blanco, Inc.

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 180

Serious and Willful Misconduct by Employer--Statute of Limitations--WCAB held that applicant's petition claiming serious and willful misconduct by employer was barred by one-year statute of limitations of Labor Code § 5407 because applicant did not file timely petition that identified correct defendants, when WCAB found...

Serious and Willful Misconduct by Employer--WCAB held that applicant did not sustain burden of proving that any employer representative had actual knowledge of potentially dangerous condition and did not prove serious and willful misconduct by employer under Labor Code § 4553, when WCAB found...

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