09 Aug 2016

Award for Medical Treatment Did Not Include Dental Treatment: Cal. Comp. Cases August Advanced Postings (8/10/2016)

Here’s the latest batch of advanced postings for the August 2016 issue of Cal. Comp. Cases.

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

Linda Packard, Petitioner v. Workers' Compensation Appeals Board, San Joaquin County Mental Health, PSI, adjusted by Tristar Risk Management, Respondents, lexis.com, Lexis Advance

Medical Treatment—Reasonableness and Necessity—Continuing Medical Award—WCAB, in split panel opinion, affirmed WCJ’s finding that applicant mental health specialist’s general award of medical treatment for industrial injury to her head, right clavicle, right rib, right shoulder, neck, tooth, psyche, and in form of headaches on 6/1/2004, sustained when she was assaulted by psychiatric patient, did not encompass medical treatment recommended by applicant’s treating dentist, including extraction of fractured tooth and placement of anchored cantilever bridge to treat applicant’s temporomandibular joint symptoms, when WCAB panel majority reasoned that…

De Anza Country Club, American Claims Management, Petitioners v. Workers' Compensation Appeals Board, Ramon Fuentes, Respondents, Lexis.com, Lexis Advance

Petitions for Reconsideration/Removal—WCAB dismissed petition for reconsideration that was appealing non-final WCAB order, contrary to requirements of Labor Code §§ 5900(a)…

Nathan Little, Petitioner v. Workers' Compensation Appeals Board, Diversified Utility Services, Old Republic General Insurance Corporation, administered by Gallagher Bassett Services, Inc., Respondents, lexis.com, Lexis Advance

Petitions for Writ of Review—Time to File Petition—Court of Appeal denied petition for writ of review of WCAB decision because petition for writ of review was not filed within 45-day limit of Labor Code § 5950, when…

Troy Whiteto, Petitioner v. Workers' Compensation Appeals Board, Long Beach Transit, Athens Administrators, Respondents, lexis.com, Lexis Advance

Petitions for Reconsideration—Time to File—Personal Service—WCAB dismissed pro per applicant’s petition for reconsideration of WCAB’s 4/27/2015 order approving compromise and release because petition for reconsideration was not timely filed within 20 days of personal service of that order, as required by…