Cal. Comp. Cases October Advanced Postings (10/13/2010)

Cal. Comp. Cases October Advanced Postings (10/13/2010)

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

Brunton Enterprises, Inc., SeaBright Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Richard Shilts (Dec'd), Kaaren Guest (Widow), Respondents

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 194

Death Benefits--Dependents--Carve-Out Agreements--WCAB, rescinding WCJ's order dismissing death claim stemming from decedent/iron worker's injury, held that "carve-out" agreement between decedent's union and employer did not apply to non-employee dependent's claim for death benefits, based on plain language of Labor Code § 3201.5, which...

Matthew Carmichael, Petitioner v. Workers' Compensation Appeals Board, City of Pinole, Regents of the University of California, Davis, Respondents

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 195

Presumption of Compensability--Heart Trouble--University of California Peace Officers--WCAB held that evidence supported WCJ's finding that applicant/UC Davis police officer's prior employment as City of Pinole police officer did not count toward five-year service requirement necessary for application of heart trouble presumption under Labor Code § 3213, when...

Amelia Mendoza, Petitioner v. Workers' Compensation Appeals Board, Huntington Hospital, PSI, Sedgwick Claims Management Services, Adjusting Agent, Respondents

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 196

Injury AOE/COE--Qualified Medical Evaluators--8 Cal. Code Reg. § 30(d)(3)--WCAB en banc, granting applicant's petition for removal and affirming WCJ's denial of applicant's request for trial setting and WCJ's decision to allow defendant to obtain panel qualified medical evaluator on issue of compensability, held that 8 Cal. Code Reg. § 30(d)(3), which provides that, when applicant's injury or illness claim has been denied entirely, "only the employee may request a panel of Qualified Medical Evaluators as provided in ... sections 4060(c) and 4062.2," is invalid because it conflicts with Labor Code § 4060(c) and Labor Code § 4062.2 and exceeds scope of Labor Code § 5402(b), when WCAB en banc found that...

Qualified Medical Evaluators--Medical-Legal Reports--Time Limits--WCAB en banc, granting applicant's petition for removal and affirming WCJ's denial of applicant's request for trial setting and WCJ's decision to allow defendant to obtain panel qualified medical evaluator on issue of compensability, held that time limits of Labor Code § 4062(a) for objecting to treating physician's medical determination do not apply when...

Jonathan Meyer, Petitioner v. Workers' Compensation Appeals Board, County of Butte, Respondents

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 197

Application for Adjudication of Claim--Statutes of Limitations--WCAB, affirming WCJ's finding, held that applicant's claim for injury to his right shoulder was barred by statutes of limitations in Labor Code §§ 5405 and 5410, when WCAB found that...

Taylor Fresh Foods, Zurich Insurance/Zurich North America, Petitioners v. Workers' Compensation Appeals Board, Espiridion Ceja, Respondents

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 198

Permanent Disability--Rating--American Medical Association Guides--WCAB affirmed WCJ's finding that permanent disability incurred by applicant as result of two lumbar spine injuries increased, since prior stipulated award, from 21 percent to 36 percent, and that opinion of applicant's qualified medical evaluator constituted substantial evidence to support finding of increased disability, when WCAB found that...

Permanent Disability--Apportionment--New and Further Disability--WCAB, affirming WCJ's finding, held that there was no substantial evidence to support apportionment of new and further disability suffered by applicant with two lumbar spine injuries and that...

Travis Brock v. W.C.A.B., Ron's Plumbing, Heating & Air Conditioning, Southern Insurance Company, administered by FirstComp Insurance Agency

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 199

Injury AOE/COE--Weight of Evidence--Credibility--WCAB affirmed WCJ's finding that applicant/plumber did not sustain industrial injury to his left shoulder, back, and neck, as he claimed, when two defense witnesses testified...

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