18 Apr 2012

Judge Properly Excluded Testimony of Undisclosed Witnesses at Trial: Cal. Comp. Cases April Advanced Postings (4/18/2012)

Here’s the fourth batch of advanced postings for the April 2012 issue of Cal. Comp. Cases.

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

Ace American Insurance Company (insurer for Waste Management), adjusted by Gallagher Bassett, Petitioner v. Workers' Compensation Appeals Board, Emil Sulek, Respondents, 2012 Cal. Wrk. Comp. LEXIS 32

Discovery—Pre-trial Conference Statements—WCAB, denying defendant’s petition for reconsideration and removal, found that defendant failed to identify its witnesses on pretrial conference statement filed at pretrial conference in connection with applicant/trash truck driver’s claim for industrial injury to his bilateral shoulders, and held that WCJ correctly excluded those undisclosed witnesses from testifying at trial pursuant to Labor Code § 5502(e)(3), when there was …

Francisco Amaya, Petitioner v. Workers' Compensation Appeals Board, California Printed, Inc., Director, Department of Industrial Relations/State of California, as Administrator of Uninsured Employers Benefits Trust Fund, Respondents, 2012 Cal. Wrk. Comp. LEXIS 33

Injury AOE/COE—WCAB held that applicant silk screen printer did not meet burden of proving injury AOE/COE from stroke at work on 10/7/2011 to his upper extremities, lower extremities, spine, and internal organs, when WCAB found that…

WCAB Duty to Develop Record—WCAB held that it did not have duty to further develop record on issue of causation of applicant’s claimed industrial injury, when WCAB found that…