08 May 2013

Continuation Benefits for Dependent Minor Child: Cal. Comp. Cases May Advanced Postings (5/8/2013)

Here’s the third batch of advanced postings for the May 2013 issue of Cal. Comp. Cases.

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

Firecode Safety Equipment, Inc., Oak River Insurance Company, c/o Berkshire Hathaway Homestate Companies, Petitioners v. Workers' Compensation Appeals Board, Matthew Maxwell (Dec’d), et al., Respondents, 2013 Cal. Wrk. Comp. LEXIS 66 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 66 (Lexis Advance)

Death Benefits—Continuation Benefits for Totally Dependent Minor Children—WCAB, in split panel decision, affirmed WCJ’s finding that son of decedent/service technician who suffered fatal car accident qualified as total dependent of decedent under Labor Code § 3501 for purposes of receiving continuation benefits for minor children pursuant to Labor Code § 4703.5, when…

Petitions for Reconsideration—Time to File—WCAB dismissed petition for reconsideration because it was not filed within time requirements of Labor Code § 5900(a), Labor Code § 5903, Code of Civil Procedure § 1013, and 8 Cal. Code Reg. § 10507 when…

Daniel Escamilla, Petitioner v. Workers' Compensation Appeals Board, Respondent, 2013 Cal. Wrk. Comp. LEXIS 67 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 67 (Lexis Advance)

Suspension or Removal of Privilege to Appear Before WCAB—WCAB en banc determined that nonattorney hearing representative’s pattern of sanctionable conduct in 11 cases constituted good cause, pursuant to Labor Code § 4907, to suspend hearing representative’s privilege to appear in any WCAB proceeding for 90 days, when WCAB en banc found that…

George Cortell, Petitioner v. Workers' Compensation Appeals Board, ADT Security Services, PSI, administered by Sedgwick Claims Management Services, Respondents, 2013 Cal. Wrk. Comp. LEXIS 68 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 68 (Lexis Advance)

Petitions for Reconsideration Without Verifications—Dismissals—WCAB dismissed petition for reconsideration because…

Injury AOE/COE—Post-Termination Claims—WCAB held that applicant’s claim of injury AOE/COE on 9/1/2010 was barred as post-termination claim under Labor Code § 3600(a)(10) because…