16 Apr 2014

Employer 90 Percent at Fault for Applicant’s Burn Injuries: Cal. Comp. Cases April Advanced Postings (4/16/2014)

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

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

Illinois Midwest Insurance Agency, administrator for Tower Select Insurance Company, insurer for Cameo Cleaners, Petitioner v. Workers' Compensation Appeals Board, Hilda Bonilla, Respondents, lexis.com, Lexis Advance

Credit—Third-Party Recovery—Employer Fault—WCAB affirmed WCJ’s finding that employer’s negligence was 90 percent responsible for causing applicant/presser’s industrial burn injuries to her left hand and consequential left thigh injury, and that value of third-party case was $200,000, and held that defendant was entitled to Labor Code § 3861 credit of up to…

Permanent Disability—Rating—AMA Guides—WCAB held that there was substantial evidence to support WCJ’s finding that applicant/presser incurred 12 percent permanent disability as result of industrial burn injuries to her left hand and consequential left thigh injury, based on entirety of record, including opinions of applicant’s treating physician and panel qualified medical evaluator, when WCAB concluded that…

Consolidated Disposal Service, ACE USA, administered by Cannon Cochran Management Services, Inc., Petitioners v. Workers' Compensation Appeals Board, Efrain Cazares, Respondents, lexis.com, Lexis Advance

Injury AOC/COE—WCAB held that applicant driver loader/unloader sustained specific injuries AOE/COE to lumbar spine, psyche, in form of sexual dysfunction, and sleep disorder and cumulative trauma injuries, and WCAB’s finding of injuries AOE/COE to psyche was based on…

Permanent Disability—WCAB awarded applicant 76 percent permanent disability, after apportionment, for specific industrial injury, and…

WCAB’s Duty to Develop Record—WCAB held that there was good cause to appoint “regular physician” under Labor Code § 5701, when WCAB found that parties disputed issues of applicant’s two injuries to psyche and whether these injuries resulted in any permanent disability, that record from two physicians was not substantial medical evidence on these issues, that…

City of Stockton, PSI, Petitioner v. Workers' Compensation Appeals Board, Eugene Bogarin, Respondents, lexis.com, Lexis Advance

Attorneys—Misconduct—Sanctions, Attorney’s Fees, Costs—WCAB held that applicant’s attorney’s conduct was not sanctionable conduct within meaning of Labor Code § 5813 or 8 Cal. Code Reg. § 10561 and that defendants were not entitled to attorney’s fees and costs because of applicant’s attorney’s conduct, when WCAB found that…

Wausau Underwriters Insurance Company (administrated by Liberty Mutual Insurance Company), insurer for Crown City Plating, Petitioner v. Workers' Compensation Appeals Board, California Insurance Guarantee Association, administered by Intercare Insurance Services, on behalf of HIH Insurance Company, in liquidation, Carmen Sanchez, Respondents, lexis.com, Lexis Advance

Multiple Injuries—Permanent Disability—Apportionment—WCAB held that applicant’s permanent disability from three industrial injuries was “inextricably intertwined” under Benson v. W.C.A.B. (2009) 170 Cal. App. 4th 1535, 89 Cal. Rptr. 3d 166, 74 Cal. Comp. Cases 113, and WCAB awarded applicant combined 91 percent permanent disability, without apportionment, for all three injuries, when…

Anthony Debbs, Petitioner v. Workers' Compensation Appeals Board, California Department of Corrections and Rehabilitation (Wasco State Prison), State Compensation Insurance Fund, Respondents, lexis.com, Lexis Advance

Petitions for Reconsideration—Time to File—WCAB dismissed petition for reconsideration of WCJ decision not filed within 25 days of issuance of WCJ decision (20 days under Labor Code § 5903, plus five days for mailing under Code of Civil Procedure § 1013), when…

Ronald Hodges, Petitioner v. Workers' Compensation Appeals Board, Chevron Overseas Petroleum, Inc., PSI, administered by Broadspire Services, Inc., Respondents, lexis.com, Lexis Advance

Petitions for Writ of Review—Dismissal—Final Orders—Court of Appeal dismissed petition for writ of review from WCAB decision that was not final order, when WCAB in its decision rescinded findings and award and remanded matter for further proceedings and new decision, regarding claim of applicant that he developed Reiter’s Syndrome as consequence of his industrial injury (malaria) from working for defendant in Angola, and when WCAB found…

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