09 Sep 2016

Conviction for Felony Is Required to Bar Psychiatric Injury Claim: Cal. Comp. Cases Advanced Postings (9/8/2016)

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

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

Ease Entertainment Services, Starr Indemnity and Liability Company, administered by Broadspire, Petitioners v. Workers' Compensation Appeals Board, Hillary Schwartz, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—Commission of Felony—WCAB, in split panel decision, affirmed WCJ’s finding that applicant suffered injury AOE/COE to her psyche on 2/20/2014 while employed as first assistant director of film Midnight Rider: The Gregg Allman Story, and that her claim for psychiatric injury was not barred under Labor Code § 3600(a)(8), which precludes recovery of workers’ compensation benefits for injuries caused by commission of felony, when applicant, who was involved in setting up film shoot on train trestle located in Georgia after permission to use trestle was expressly denied by railroad company, suffered psychiatric injury as result of accident in which train struck prop on train trestle, which hit and killed member of film crew and injured six others, leading Georgia to file charges against applicant for criminal trespass and involuntary manslaughter, and WCAB panel majority concluded…

***READ OUR COMMENTARY ABOUT THE EASE ENTERTAINMENT CASE HERE***

Miami Dolphins, Ltd., Multi-Line Claims Services, et al., Petitioners v. Workers' Compensation Appeals Board, Delvin Williams, Respondents, lexis.com, Lexis Advance

Statute of Limitations—Cumulative Injuries—Professional Athletes—WCAB, in split panel decision, held that applicant/professional football player’s claims for cumulative trauma were not barred by Labor Code § 5405(a) statute of limitations, when WCAB found…

Western Medical Center Santa Ana, Petitioner v. Workers' Compensation Appeals Board, City of Santa Ana, PSI, Edward Gutierrez, Respondents, lexis.com, Lexis Advance

Liens—Preferred Provider Organizations—WCAB Jurisdiction—WCAB affirmed WCJ’s finding that WCAB had no jurisdiction over lien of Western Medical Center pursuant to Labor Code § 5304 because Western Medical Center and defendant were bound by terms of interlocking contracts and rates for medical services were fixed under terms of contract, and WCAB…

Manny Winningham, Petitioner v. Workers' Compensation Appeals Board, State of California, Department of Corrections and Rehabilitation, legally uninsured, State Compensation Insurance Fund, adjusting agency, Respondents, lexis.com, Lexis Advance

Permanent Disability—Conclusive Presumption of Permanent Total Disability—Brain Injury—WCAB affirmed WCJ’s finding that applicant correctional officer’s 1/21/2010 industrial injury to his brain, central nervous system, psyche, eye, digestive system, cognitive system, and in forms of meningitis, headaches, and vertigo, caused 84 percent permanent disability, after apportionment, and that applicant’s injury did not cause “an injury to the brain resulting in permanent mental incapacity” for purposes of Labor Code § 4662(a)(4)’s conclusive presumption of permanent total disability, when WCAB concluded that…

Contra Costa County/District Attorney, Petitioner v. Workers' Compensation Appeals Board, David Brown, Respondents, lexis.com, Lexis Advance

Removal to WCAB—WCAB denied defendant’s petition to remove case to WCAB, finding no showing that, if removal was not granted, defendant would suffer substantial prejudice or irreparable harm or would not have adequate remedy with petition for reconsideration after final order issued, when defendant was appealing WCAB’s…

Ferrellgas L.P., ACE American Insurance Company (administered by ESIS), insurer for Blue Rhino, Petitioners v. Workers' Compensation Appeals Board, Ricardo Morino, Respondents, lexis.com, Lexis Advance

Petitions for Reconsideration—Final Orders—Removal to WCAB—WCAB dismissed petition for reconsideration that was not appealing final order of WCAB, as required by Labor Code §§ 5900(a), 5902, and 5903, when defendant was appealing WCAB order…