24 Sep 2015

Settlement Not Binding When CMS Never Approved Medicare Set-Aside: Cal. Comp. Cases October Advanced Postings (9/24/2015)

Here’s the latest batch of advanced postings for the October 2015 issue of Cal. Comp. Cases.

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

Calvin Collins, Petitioner v. Workers' Compensation Appeals Board, Atlanta Falcons, Travelers Insurance Company, Respondents, lexis.com, Lexis Advance

Settlements—Execution—WCAB, affirming WCJ, held that compromise and release, under which parties purported to settle applicant’s claim for cumulative trauma injuries to his head, neck, fingers, hips, knees, ankles, feet, toes, neurological system, eyes/ophthalmology, internal system, psyche, and otolaryngolic system while employed as professional football player present in California, was not binding on defendant even though applicant and his attorney executed compromise and release and, at various times thereafter, defendant communicated to WCAB that case was being settled, when WCAB found…

WCAB Jurisdiction—Professional Athletes—WCAB, affirming WCJ in split panel decision, held that California did not have jurisdiction over applicant professional football player’s claim for cumulative trauma against employer Atlanta Falcons, when panel majority concluded that California did not have legitimate and substantial connection to applicant’s injury sufficient to justify application of California law, as described in Federal Insurance Co. v. Workers’ Comp. Appeals Bd. (Johnson) (2013) 221 Cal. App. 4th 1116, 165 Cal. Rptr. 3d 288, 78 Cal. Comp. Cases 1257, because…

Robert Lee, Petitioner v. Workers' Compensation Appeals Board, Abba Bail Bonds, State Compensation Insurance Fund, Edwin Lee (Dec'd), Mijung Lee (Guardian ad litem), Todd Arron, Respondents, lexis.com, Lexis Advance

Attorney’s Fees—Division of Fees—WCAB rescinded WCJ’s decision dividing $43,633.33 attorney’s fee allowed under compromise and release in death claim, $5,200 to applicant’s former attorney, Todd Arron, who represented applicant from 10/21/2010 through 12/14/2010, and $38,433.33 to applicant’s current attorney, Robert Lee, who represented applicant from 12/9/2010 through 9/10/2014 and, instead, divided fee…

Keith Voelker, Petitioner v. Workers' Compensation Appeals Board, G.S.E. Construction, National Company of Pittsburgh, administered by AIG Claims Services, Inc., Respondents, lexis.com, Lexis Advance

Discovery—Subpoena Duces Tecum—WCAB amended WCJ’s order denying applicant’s motion to quash subpoena duces tecum demanding from golf course “[a]ll records pertaining to the applicant including but not limited to club membership application, membership billing and payments, correspondence to and from the applicant, tee-time bookings, tournament entry forms, NCGA records and scorecards, and electronic printouts of USGA and/or NCGA handicap entries,” as well as club team information and rosters, and partially quashed subpoena duces tecum to delete demand for club membership application, membership billing and payments, and correspondence to and from applicant, as these documents were…