Cal. Comp. Cases June Advanced Postings (6/2/2011)

Cal. Comp. Cases June Advanced Postings (6/2/2011)

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

Travelers Indemnity Company, insurer for Linear Technology, Petitioner v. Workers' Compensation Appeals Board, Maintenance Match, Inc., California Insurance Guarantee Association, administered by Broadspire, on behalf of Superior Pacific Insurance Company, in liquidation, (Celestino Morales), Respondents, 2011 Cal. Wrk. Comp. LEXIS 68

California Insurance Guarantee Association-Other Insurance-Laches-WCAB rescinded arbitrator's order, based on laches, denying California Insurance Guarantee Association's petition for reimbursement from special employer's solvent carrier under Insurance Code § 1063.1(c)(9) for expenditures arising from applicant's industrial injury, and held that...

Travelers Indemnity Company of Illinois, insurer for Humana, Petitioners v. Workers' Compensation Appeals Board, Bryna Lang, Respondents, 2011 Cal. Wrk. Comp. LEXIS 70

Injury AOE/COE-WCAB held that applicant sustained injury AOE/COE in form of pancreatitis, when WCAB found that parties had previously stipulated that applicant sustained industrial injury on 11/9/91 to her head, neck, jaw, arms, shoulders, legs, back, psyche, and "developed fibromyalgia," resulting in 100 percent permanent disability, that applicant subsequently claimed injury to pancreas in form of pancreatitis as compensable consequence, entitling her to its medical treatment, and WCAB relied on...

Daniel Escamilla, Petitioner v. Workers' Compensation Appeals Board, Employers Insurance of Wausau, insured by Liberty Mutual Insurance Company, (Vonder Kaye Lee), Respondents, 2011 Cal. Wrk. Comp. LEXIS 67

Sanctions and Costs-Bad Faith/Frivolous Conduct-WCAB upheld WCJ's award of $2,500 in sanctions and $2,464.50 in costs against lien claimant and lien claimant's hearing representative pursuant to Labor Code § 5813 for lien claimant's frivolous and bad faith attempt to...

Catholic Healthcare West, dba Marian Medical Center, PSI, Petitioner v. Workers' Compensation Appeals Board, Sierra View Porterville, insured by State Compensation Insurance Fund, General Hospital of San Luis Obispo, PSI, De Lano Community Hospital, aka Delano Regional Medical Center, insured by Pacific Employers and Home Indemnity, Central Coast Ambulatory, insured by Zenith, Marian Medical Center, insured by California Compensation, California Insurance Guarantee Association, on behalf of California Compensation, in liquidation, (Cheryl Castrillo), Respondents, 2011 Cal. Wrk. Comp. LEXIS 69

Injury AOE/COE-WCAB held that applicant surgical scrub nurse sustained injury AOE/COE in 4/98 to her right hand, right wrist, right forearm, and psyche from incident in which her hand/wrist was caught between surgical cart and wall, when WCAB based its holding on...

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