Cal. Comp. Cases March Advanced Postings (3/17/2011)

Cal. Comp. Cases March Advanced Postings (3/17/2011)

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

City and County of San Francisco, PSI, Petitioner v. Workers' Compensation Appeals Board, Yolanda Smith (Widow), Ernest Smith, Jr. (Dec'd), Respondents, 2011 Cal. Wrk. Comp. LEXIS 30

Presumption of Industrial Causation—Heart Trouble—Peace Officer—WCAB held that decedent's heart trouble was presumed to be injury AOE/COE under Labor Code § 3212.5, that presumption was not rebutted, and that heart trouble was proximate cause of decedent's death, when WCAB found that…

Southern California Gas Company, PSI, administered by Alexis Risk Management Services, Inc., Petitioner v. Workers' Compensation Appeals Board, Mario Vazquez, Respondents, 2011 Cal. Wrk. Comp. LEXIS 34

Permanent Disability—Apportionment—WCAB awarded applicant 100-percent permanent disability, without apportionment, and further medical treatment, for two industrial injuries, from continuing harassment by supervisor and specific head butting incident, when WCAB, basing its decision on opinions of psychiatric agreed medical examiner, found that …

LaJoyce Hamilton, aka LaJoyce Smith-Hamilton, Petitioner v. Workers' Compensation Appeals Board, United Technologies Corporation, American Home Assurance Company, administered by Chartis Claims, Inc. Respondents, 2011 Cal. Wrk. Comp. LEXIS 32

Evidence—Admissibility of Medical Reports—WCAB affirmed WCJ's finding that medical reports of defense qualified medical evaluator were not rendered inadmissible based on qualified medical evaluator's failure to …

Injury AOE/COE—Adverse Inferences—WCAB held that WCJ was not bound, based on defendant's alleged failure to provide relevant Material Safety Data Sheets, to draw adverse inference that applicant's exposure to toxins during her employment as material analyst contributed to her development of multiple sclerosis, when defendant …

Juan Guzman, Petitioner v. Workers' Compensation Appeals Board, Peak Harvesting, State Compensation Insurance Fund, Respondents, 2011 Cal. Wrk. Comp. LEXIS 31

Injury AOE/COE—WCAB held that applicant laborer/picker/planter did not present sufficient evidence to support finding of cumulative trauma injury AOE/COE sustained in 2002 in form of coccidiomycosis (Valley Fever), when WCAB found that applicant last performed agricultural work in 2002,that medical record established that Valley Fever was caused by …

Lawrence Kevin Reichelt, Petitioner v. Workers' Compensation Appeals Board, City of Los Angeles (Los Angeles Police Department), PSI, Respondents, 2011 Cal. Wrk. Comp. LEXIS 33

Petitions for Reconsideration—Final Orders—WCAB dismissed applicant's petition for reconsideration because there was no final order subject to reconsideration within meaning of Lab. C. § 5900, when applicant was …

Removal to WCAB—WCAB denied applicant's petition to remove case to itself, finding that applicant did not show irreparable harm or substantial prejudice under Lab. C. § 5310 if removal was not granted, when applicant was …

Pompeyo Castilla, Petitioner v. Workers' Compensation Appeals Board, Sugar Bowl Bakery, Oak River Insurance Company, Respondents, 2011 Cal. Wrk. Comp. LEXIS 29

Petitions for Reconsideration—Time to File—WCAB dismissed petition for reconsideration not timely filed within limits of Lab. Code, § 5903, C. of Civ. Proc. § 1103, and 8 Cal. Code Reg. § 10507, when applicant …

Compromise and Release Agreements—Setting Aside—Alternatively, WCAB denied pro per applicant's petition for reconsideration of order approving C&R on merits, when WCAB issued order …

© Copyright 2011 LexisNexis. All rights reserved.