Cal. Comp. Cases August Advanced Postings (8/18/2011)

Cal. Comp. Cases August Advanced Postings (8/18/2011)

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

© Copyright 2011 LexisNexis. All rights reserved.

City of Santa Clara, PSI, Petitioner v. Workers' Compensation Appeals Board, Subsequent Injuries Benefits Trust Fund, (Juan Sanchez), Respondents, 2011 Cal. Wrk. Comp. LEXIS 108

Permanent Disability—Apportionment—Presumption of Total Disability for Brain Injury—WCAB in split decision, affirming WCJ's finding and approving decision in Kaiser Foundation Hospitals, PSI v. W.C.A.B. (Dragomir-Tremoureux) (2006) 71 Cal. Comp. Cases 538 (writ denied), held that applicant/heavy equipment operator, who suffered industrial injuries to right knee and to both knees and spine during cumulative period, incurred 100-percent permanent disability pursuant to …

Deborah J. Johns, Petitioner v. Workers' Compensation Appeals Board, Ross Stores, Inc., PSI, adjusted by Sedgwick Claims Management Services, Inc., Respondents, 2011 Cal. Wrk. Comp. LEXIS 111

Injury AOE/COE—WCAB held that applicant did not sustain injury to her left knee as compensable consequence of admitted industrial right knee injury that occurred 11/7/2003, based on opinions from panel qualified medical evaluator, when WCAB found that …

Heriberto Hernandez Rodriguez (Dec'd), Rosalva Rodriguez, et al., Petitioners v. Workers' Compensation Appeals Board, AA Contracting, dba Garza Contracting, State Compensation Insurance Fund, State of California/Death Without Dependents Unit, Respondents, 2011 Cal. Wrk. Comp. LEXIS 113

Jurisdiction—Time Limit to Amend, Alter, or Rescind Award—WCAB, rescinding WCJ's decision, held that WCAB had jurisdiction on 11/23/2010 to correct admitted error in WCJ's 5/26/2010 Findings and Award under which…

Securitas Security Services, PSI, administered by Broadspire Services, Petitioner v. Workers' Compensation Appeals Board, Althea Russell, Respondents, 2011 Cal. Wrk. Comp. LEXIS 114

Permanent Disability—Rating—WCAB awarded applicant security guard 65-percent permanent partial disability for 2/28/2008 injury AOE/COE to her back, left lower extremity, psyche, and sleep disorder, based on …

Evidence—Admissibility—WCAB held that reports of evaluations by two psychologists, who, according to applicant's unrebutted testimony, evaluated applicant on referral from applicant's primary treating physician, were admissible, when WCAB found that …

Jill Ruth Hamilton, Petitioner v. Workers' Compensation Appeals Board, Doherty Employment Group, Inc., Wausau Insurance Company, Respondents, 2011 Cal. Wrk. Comp. LEXIS 110

Psychiatric Injury—Six-Month Employment Requirement—WCAB, rescinding WCJ's finding, held that applicant/home mortgage associate's claim for psychiatric injury, over period 9/2008 to "the present and continuing," was barred by …

Cook Concrete Products, Inc., Clarendon National Insurance Company, administered by American All-Risk Loss Administrators, Petitioners v. Workers' Compensation Appeals Board, Everest National Insurance Company, administered by American Claims Management, Inc., (Derrick Burford), Respondents, 2011 Cal. Wrk. Comp. LEXIS 109

Cumulative Trauma Injuries AOE/COE—Multiple Injuries—WCAB held that applicant yardman sustained two separate cumulative trauma injuries AOE/COE, both with same employer and both to his back, upper extremities, abdomen (hernia), and excretory system, from 12/14/2011 through 11/25/2002 and from 3/23/2003 through 3/23/2004, based on …

Tim Robinson, aka Timothy Robinson, Petitioner v. Workers' Compensation Appeals Board, County of Sonoma, PSI, Respondents, 2011 Cal. Wrk. Comp. LEXIS 112

Permanent Disability—Apportionment—Overlap—WCAB upheld WCJ's finding that applicant/correctional officer suffered 12-percent permanent disability as result of 6/27/2005 cervical spine injury, after apportionment under Labor Code §§ 4663 and 4664, when WCAB found that …

Travelers Casualty & Surety Company (insurer for Lang's Roofing), Petitioner v. Workers' Compensation Appeals Board, State Compensation Insurance Fund (insurer for Lang's Roofing), (Tommy Adam), Respondents, 2011 Cal. Wrk. Comp. LEXIS 115

Evidence—Medical Evidence—Substantial Evidence—WCAB held that opinion of agreed medical evaluator constituted substantial evidence to support WCJ's finding that applicant/roofer foreman was permanently totally disabled, warranting increase in applicant's stipulated award….

Alfredo Mata, Petitioner v. Workers' Compensation Appeals Board, Wagner Construction Company, Zurich American Insurance Company, Respondents, 2011 Cal. Wrk. Comp. LEXIS 105

Permanent Disability—Rating—WCAB affirmed WCJ's finding that applicant/laborer incurred 90-percent permanent disability as a result of 12/20/2003 industrial injuries to his spine and psyche, based on combined values of disability reflected in medical reports, and held that applicant did not meet burden of …

City of Redondo Beach, PSI, adjusted by Adminsure, Inc., Petitioners v. Workers' Compensation Appeals Board, Gene Tomatani, Respondents, 2011 Cal. Wrk. Comp. LEXIS 101

Presumption of Compensability—Heart Trouble—Apportionment—WCAB affirmed WCJ's finding that applicant/police officer/sergeant suffered 52-percent permanent disability without basis for apportionment as result of …

Fernando Rodriguez, Petitioner v. Workers' Compensation Appeals Board, Los Angeles Unified School District, PSI, adjusted by Sedgwick Claims Management Services, Respondents, 2011 Cal. Wrk. Comp. LEXIS 106

Injury AOE/COE—WCAB held that applicant school district glazier did not sustain cumulative trauma injury AOE/COE to psyche from 10/1/90 through 7/7/2000, based on applicant's testimony and opinions from defense medical-legal evaluator and despite contrary opinions from applicant's medical-legal evaluator, when applicant claimed injury from …