14 Jul 2015

Applicant’s Perception of Job Stress Supported Compensable Industrial Injury in Form of Stroke: Cal. Comp. Cases July Advanced Postings (7/14/2015)

Here are the third and fourth batches of advanced postings for July 2015 issue of Cal. Comp. Cases.

Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

Acorn Engineering Company, Pacific Compensation Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Luis Banuelos, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—Stress-Related Stroke—Burden of Proof—WCAB affirmed WCJ’s finding that applicant machinist suffered compensable industrial injury in form of stroke, when applicant’s treating physician and panel qualified medical evaluator concluded that applicant’s stroke resulted from work-related stress, and WCAB found that relevant consideration for both reporting physicians was that applicant perceived that his work was stressful rather than that job duties were objectively stressful…

The Town of Hillsborough, PSI, administered by The Cities Group, Petitioner v. Workers' Compensation Appeals Board, Robert Chinca, Respondents, lexis.com, Lexis Advance

Presumptions of Industrial Causation—Cancer—Peace Officers—WCAB, affirming WCJ, held that applicant police officer who alleged that he suffered industrial injury in form of lymphoma was entitled to application of cancer presumption in Labor Code § 3212.1 and that his first manifestation of cancer within meaning of Labor Code § 3212.1 was on 1/18/2013, which was date cancerous tumor was discovered, when evidence established that…

Kin Wah Kung, Petitioner v. Workers' Compensation Appeals Board, San Francisco Community College District/City and County of San Francisco, Respondents, lexis.com, Lexis Advance

Petitions for Removal—Dismissal as Moot—WCAB dismissed applicant’s petition for removal to WCAB, finding that applicant did not show irreparable harm or significant prejudice under 8 Cal. Code Reg. § 10843 if removal was not granted (applicant was seeking removal due to WCJ’s order continuing conference from…

Zurich North America Insurance Company, insurer for Service by Medallion, Petitioner v. Workers' Compensation Appeals Board, Araceli Garcia, aka Maria Martinez, Respondents, lexis.com, Lexis Advance

Permanent Disability—Rating—Apportionment—WCAB awarded applicant janitor temporary disability benefits, future medical treatment benefits, and 100 percent permanent total disability benefits for 5/16/2005 injury AOE/COE to back, left foot, right major wrist, and psyche (from fall down stairs), WCAB’s permanent disability rating was based on opinions from orthopedic agreed medical evaluator, panel psychiatric qualified medical evaluator, and vocational expert, and on applicant’s credible testimony, when WCAB found…

County of Los Angeles, PSI, Petitioner v. Workers' Compensation Appeals Board, PDQ Personnel Services, California Insurance Guarantee Association, on behalf of Superior National Insurance Company, in liquidation, Audelia Perez, Respondents, lexis.com, Lexis Advance

California Insurance Guarantee Association—Liability Between General and Special Employers—Other Insurance—Collateral Estoppel—WCAB held that collateral estoppel barred parties from relitigating issue of whether general or special employer was liable for applicant’s workers’ compensation benefits for two 1997 industrial injuries, and that special employer remained liable, when WCAB found that…