Cal. Comp. Cases March Advanced Postings (3/15/2011)

Cal. Comp. Cases March Advanced Postings (3/15/2011)

Here’s the second batch of advanced postings for the March 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the complete headnotes and summaries.

Francisco Costa, Petitioner v. Workers' Compensation Appeals Board, Ralph's Grocery Company, PSI, aka The Kroger Company, dba Ralphs Grocery Company, administered by Sedgwick CMS, Respondents, 2011 Cal. Wrk. Comp. LEXIS 25

Permanent Disability—Apportionment—Preexisting Conditions—WCAB affirmed WCJ's finding that, based on opinions of treating physician and defense qualified medical evaluator, applicant/warehouseman order selector's industrial injuries to his low back, urologic system, and gastrointestinal tract, caused 80-percent disability after 20-percent apportionment to applicant's pre-existing congenital spinal stenosis, when treating physician diagnosed applicant with…

Fred Calhoun, Petitioner v. Workers' Compensation Appeals Board, Ralphs Grocery Company, PSI, Respondents, 2011 Cal. Wrk. Comp. LEXIS 24

Dismissal of Claim—Failure to Prosecute—WCAB affirmed dismissal of applicant warehouseman's claim for workers' compensation benefits for 5/28/96 admitted injury AOE/COE to groin for failure to prosecute, when WCAB found that …

Zurich North American Insurance Company (insurer for Swinerton, Inc.), Petitioner v. Workers' Compensation Appeals Board, Clark D. Baldridge, Respondents, 2011 Cal. Wrk. Comp. LEXIS 28

Permanent Disability—2005 Permanent Disability Rating Schedule—Diminished Future Earning Capacity—WCAB affirmed WCJ's finding that applicant/construction laborer's industrial back injury and consequential psychiatric condition resulted in 100-percent permanent disability even though scheduled rating was less than 100 percent, when WCJ's award of permanent total disability was …

Julia Reynolds (Widow) and Robert Lee Reynolds (Dec'd), Petitioners v. Workers' Compensation Appeals Board, County of Los Angeles, PSI, Respondents, 2011 Cal. Wrk. Comp. LEXIS 26

Presumption of Industrial Causation—Heart Trouble and Pneumonia—Peace Officers—WCAB held that applicants failed to meet burden under Labor Code § 3202.5 of proving that decedent, while employed as senior safety officer, suffered industrial injury to his heart, lungs, and pulmonary system (in form of pneumonia) resulting in his death or that he suffered industrial neck injury and that, although presumption of compensability set forth in Labor Code §§ 3212.5 and 3213.2 was applicable, defendant rebutted presumption, when AME opined that …

Kelley Smith Sedam (Widow) and Robert Sedam (Dec'd), Petitioners v. Workers' Compensation Appeals Board, Omni Flight Helicopters, Insurance Company of the State of Pennsylvania, adjusted by AIG Claim Services, Inc./AIG Domestic Claims, Inc., Respondents, 2011 Cal. Wrk. Comp. LEXIS 27

Death Benefits—Statute of Limitations—WCAB held that statute of limitations of Labor Code § 5406 barred widow's claim for death benefits, when WCAB found that decedent helicopter mechanic sustained three industrial injuries to multiple body parts (2/3/99, cumulative ending 7/15/99, and 8/14/99), that these three industrial injuries were resolved with …

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