19 Feb 2014

Cocaine Use, Not Needle Stick, More Likely Cause of Hepatitis C: Cal. Comp. Cases February Advanced Postings (2/20/2014)

Here’s the fourth batch of advanced postings for the February 2014 issue of Cal. Comp. Cases.

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

Jose Morfin, Petitioner v. Workers' Compensation Appeals Board, White Memorial Medical Center, PSI, Respondents, 2014 Cal. Wrk. Comp. LEXIS 13 (lexis.com), 2014 Cal. Wrk. Comp. LEXIS 13 (Lexis Advance)

Injury AOE/COE—Hepatitis C—Burden of Proof—WCAB, reversing WCJ, held that, based on totality of evidence in record, including agreed medical examiner’s reporting and CDC statistics, applicant/orderly failed to meet burden of proving that he sustained injury AOE/COE in form of hepatitis C as result of needle stick in his finger on 5/11/92, when WCAB found that…

Statute of Limitations—WCAB held that applicant/orderly’s claim for hepatitis C as result of 5/11/92 needle stick in his finger was not barred by statute of limitations, when…

Laches—WCAB held that applicant/orderly’s claim for hepatitis C as result of 5/11/92 needle stick in his finger was not barred by doctrine of laches, when…

NBC Universal Media, LLC, administered by American Home Assurance Company and Helmsman Management, Petitioner v. Workers' Compensation Appeals Board, Ceicel Moussa, aka Ceicil Moussa Andramos, Respondents, 2014 Cal. Wrk. Comp. LEXIS 4 (lexis.com), 2014 Cal. Wrk. Comp. LEXIS 4 (Lexis Advance)

Permanent Disability—Rating—Substantial Evidence—WCAB, affirming WCJ, awarded applicant/sales clerk 71 percent permanent disability, after apportionment, for specific and cumulative industrial injuries to both knees, low back, and psyche, based on “range of evidence,” including orthopedic reports of primary treating physician and panel qualified medical evaluator, when WCJ found that…

Illinois Midwest Insurance Agency, administrator for Tower Select Insurance Company (insurer for More Fashion, Inc.), Petitioner v. Workers' Compensation Appeals Board, Jose Yanez, Respondents, 2014 Cal. Wrk. Comp. LEXIS 11 (lexis.com), 2014 Cal. Wrk. Comp. LEXIS 11 (Lexis Advance)

Cumulative Injury—Date of Injury—Period of Liability—WCAB, amending WCJ’s decision, held that applicant/general laborer’s date of injury under Labor Code § 5412 was 8/5/2009, which was date applicant first suffered disability and became aware that his injury was work-related, that Labor Code § 5412 defines…

John Lane (Dec'd), Marie LaFlamme, Joseph Lane (Dependents), Petitioners v. Workers' Compensation Appeals Board, Sadler Electric, California Insurance Guarantee Association, administered by Sedgwick CMS, Inc., on behalf of Fremont Indemnity, in liquidation, Respondents, 2014 Cal. Wrk. Comp. LEXIS 12 (lexis.com), 2014 Cal. Wrk. Comp. LEXIS 12 (Lexis Advance)

Death Benefits—Statute of Limitations—WCAB affirmed WCJ’s finding that application for death benefits filed on 7/6/2011 by dependents of decedent who died on 11/22/2010 following 6/23/99 industrial injury to his left foot, psyche, and in form of reflex sympathetic dystrophy (RSD) was barred by Labor Code § 5406, because claim was filed more than 240 weeks from date of injury, and WCAB rejected dependents’ contention that…

Arturo Delgado, Petitioner v. Workers' Compensation Appeals Board, Tires Wheels, Etc., Inc., Redwood Fire & Casualty Insurance Company, administered by Berkshire Hathaway Homestate Companies, Respondents, 2014 Cal. Wrk. Comp. LEXIS 10 (lexis.com), 2014 Cal. Wrk. Comp. LEXIS 10 (Lexis Advance)

Permanent Disability—Rating—WCAB awarded applicant 57 percent permanent partial disability, after apportionment, for 12/21/2006 injury AOE/COE to his low back and psyche, which occurred while he was working for defendant as tire repairer/lead/mobile tire repairer, from lifting while installing tire and rim, with WCAB basing its permanent disability rating on substantial evidence opinions from…

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