27 May 2015

Injured Worker Deported From U.S. Could Testify Via Skype: Cal. Comp. Cases May/June Advanced Postings (5/27/2015)

Here are the fifth batch of advanced postings for the May 2015 issue and the first batch of advanced postings for the June 2015 issue of Cal. Comp. Cases.

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

Creffitta, Inc., dba Bay Collision Repair and Carlos Castro, as a substantial shareholder of Creffitta, Inc., Petitioner v. Workers' Compensation Appeals Board, Diego Alvarez, Respondents, lexis.com, Lexis Advance

Hearings—Unavailability of Witness—Testimony Via Skype—WCAB, affirming WCJ, held that applicant was properly permitted to testify regarding alleged industrial injury from Mexico via Skype at his own expense after he was deported from United States and not able to attend workers’ compensation trial, when applicant could not legally enter United States to testify at trial, and, in allowing applicant to testify remotely, WCAB reasoned that WCJ has discretion pursuant to…

Manuel Pasquier, Petitioner v. Workers' Compensation Appeals Board, Volutone Distributing Company, Virginia Surety Insurance Company, Respondents, lexis.com, Lexis Advance

Penalties—Delay in Payment of Settlement Proceeds—WCAB, in split panel decision, affirmed WCJ’s award of single $10,000 penalty under Labor Code § 5814 for defendant’s unreasonable delay of three lump sum payments due under compromise and release agreement, and held that applicant was not entitled to three separate penalties for defendant’s unreasonable delays or to two separate penalties based on delayed lump sum payments to applicant and applicant’s attorney, as suggested by applicant, when panel majority found that…

Penalties—Attorney’s Fees—WCAB, in split panel decision, affirmed WCJ’s award of $3,000 attorney’s fee to applicant’s attorney under Labor Code § 5814.5, based on eight hours of work at $375 per hour, when panel majority found that…

Illinois Midwest Insurance Agency, LLC, on behalf of Star Insurance Company, Petitioner v. Workers' Compensation Appeals Board, Medical Light Devices, Inc., LED Intellectual Properties, Wilson Long, Respondents, lexis.com, Lexis Advance

Insurance Coverage—WCAB affirmed Arbitrator’s finding that insurer had valid insurance policy in effect for applicant’s employer and, thus, had coverage for industrial injuries suffered by applicant, when (1) insurer initially issued insurance policy to corporation that was later divided into two separate companies, (2) after company divided, there was no change in any aspect of its business including ownership, operations, location, and number of employees, (3) insurer continued to accept premiums on…

Scott Graham, Petitioner v. Workers' Compensation Appeals Board, San Diego Unified School District, PSI, administered by York Risk Services Group, Inc., Respondents, lexis.com, Lexis Advance

Medical Treatment—Utilization Review—Independent Medical Review—WCAB affirmed WCJ’s finding that defendant’s utilization review denial of discogram recommended by applicant’s treating physician to determine nature of applicant’s back pain was not invalid and that WCAB had no jurisdiction to review utilization review denial…

Tito Thomas, Petitioner v. Workers' Compensation Appeals Board, G4S Secure Solutions, Inc., Gallagher Bassett Services, Inc., Respondents, lexis.com, Lexis Advance

Injury AOE/COE—WCAB held that applicant security officer did not sustain burden of proving three claimed industrial injuries (9/1/2007 to 4/20/2009, 12/31/2008, and compensable consequence of 12/31/2008 injury, all to head, upper extremities, neck, psyche, and respiratory system (tuberculosis)), based on…

Valley Vintners, Inc., dba Gallo Wine Company, PSI, Petitioner v. Workers' Compensation Appeals Board, Richard Miller, Respondents, lexis.com, Lexis Advance

WCAB Jurisdiction—Five-Year Statute of Limitations—WCAB held that WCAB had jurisdiction to award applicant 45 percent permanent disability beyond five years from date of injury to his low back, when…