Cal. Comp. Cases December Advanced Postings (11/29/2010)

Cal. Comp. Cases December Advanced Postings (11/29/2010)

Here’s the first batch of advanced postings for the December 2010 issue of Cal. Comp. Cases. subscribers can link to the case below to read the complete headnotes and summary.

Rudy Hernandez v. W.C.A.B., Blue Star Ready Mix/Mobile Mixers, Inc., American Home Assurance Company, administered by Chartis Insurance (formerly AIG Claim Services)

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 221

Penalties--WCAB denied applicant's request for penalties under two statutes related to applicant's two industrial injuries, i.e., (1) under Lab. C. § 5814 when WCAB found that defendant sent applicant $54.92 life pension check in 3/2006, that applicant ..., and (2) under Lab. C. § 4650(d) when WCAB found no evidence that life pension check payment was ....

Constitutional Challenges--WCAB held that it had no jurisdiction to rule on issue of whether SB 899 violated state or federal constitution.

Evidence--WCAB held that it did not violate Evid. C., Lab. C., or applicant's due process rights by permitting defendant's counsel at trial to ask applicant about two letters, when WCAB found that defendant sent applicant two letters in 2006 when life pension check sent in 2006 was uncashed, that applicant ...

Jesse Miles v. W.C.A.B., California Department of Corrections and Rehabilitation, legally uninsured, State Compensation Insurance Fund/State Contract Services (Commerce), adjusting agent

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 222

Stipulations--Good Cause to Set Aside--WCAB held that applicant associate warden/correctional officer did not show good cause to set aside parties' stipulation that applicant was P&S on 10/16/2006 for cumulative trauma industrial injury ending 7/16/99, when WCAB found that parties stipulated that...

Batool Hunaid Nulwala v. W.C.A.B., Santa Barbara Cottage Hospital/Cottage Hospital, Keenan & Associates (third party administrator)

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 223

Temporary Disability--WCAB reversed WCJ and held that applicant was not entitled to TD benefits from 8/12/2009 to present and continuing, when WCAB found that applicant hospital x-ray technician sustained injury AOE/COE on 7/22/2009 to her neck and right shoulder, that defendant paid TTD benefits...

Margaret Sheng v. W.C.A.B., Wellpoint Health Networks, Inc./Wellpoint, Inc., California Insurance Guarantee Association, administered by XCHANGING, on behalf of Fremont Compensation Insurance Company, in liquidation, Zurich North America

75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp. LEXIS 224

Petitions for Reconsideration--Final Orders--WCAB dismissed petition for reconsideration of WCJ's discovery order that WCAB found was not final order subject to reconsideration under Lab. C. § 5900 and case law, when applicant account analyst claimed cumulative trauma injury AOE/COE ending 3/16/2007 to her spine, shoulders, arms, wrists, hands, and lower extremities, applicant disputed first treating physician's opinion and....

Removal to WCAB--Alternatively, if WCAB construed applicant's petition for reconsideration of WCJ's non-final order as petition for removal to WCAB under Lab. C. § 5310, related to WCJ's order for supplemental report from panel QME for applicant's claimed cumulative trauma injury, WCAB denied removal under Lab. C. § 5310 and 8 Cal. Code Reg. § 10843, because applicant did not show substantial prejudice or irreparable harm if removal was not granted.

Petitions for Reconsideration--Waiver--WCAB held that applicant waived issue of whether defendant gave Reynolds notices (Reynolds v. Workers' Compensation Appeals Board (1974) 12 Cal. 3d 726, 117 Cal. Rptr. 79, 527 P.2d 631, 39 Cal. Comp. Cases 768) related to statute of limitations defense, when WCAB found that...

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