15 Apr 2016

Defendant’s Claim for Credit Rejected When FEHA Violation Led to Applicant’s Injury: Cal. Comp. Cases April Advanced Postings (4/15/2016)

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

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

Hartzheim Dodge, Inc., Auto Dealers Compensation of California, Inc., PSI, adjusted by CorVel Corporation, Petitioners v. Workers' Compensation Appeals Board, Juan Navarro, Respondents, lexis.com, Lexis Advance.

Credit—Civil Actions Against Employer—Sexual Assault and Battery—Fair Employment and Housing Act—WCAB affirmed WCJ’s finding that defendant was not entitled to first-party credit under Labor Code §§ 3600(b) and 3602(b)(1) against its workers’ compensation liability for applicant automotive lot attendant’s 9/14/2005 specific injury based on settlement recovery obtained by applicant in civil action against defendant in which applicant alleged that he had been sexually harassed by several co-employees and managing employee over five-month period of his employment, that he was…

Meadowbrook/Star Insurance Company, insurer for Matsui Nursery, Petitioner v. Workers' Compensation Appeals Board, Maria Lupe Torres, Respondents, lexis.com, Lexis Advance.

Permanent Disability—Rating—WCAB awarded applicant nursery worker 100 percent permanent disability, without apportionment, for admitted injury AOE/COE on 4/27/2009 to left ankle and psyche when applicant’s foot was trapped between two transportation vehicles, and WCAB based its award on opinions from…