25 Jun 2014

Sexual Assault by Co-Worker Not Injury AOE/COE: Cal. Comp. Cases June Advanced Postings (6/25/2014)

Here are the fourth batch of advanced postings for June, and first batch of advanced postings for the July 2014 issue of Cal. Comp. Cases.

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

Matty Campos, Petitioner v. Workers' Compensation Appeals Board, University of Southern California, PSI, adjusted by Sedgwick Claims Management Services, Inc., Respondents, lexis.com, Lexis Advance

Injury AOE/COE—Collecting Personal Belongings After Shift—WCAB, in split panel decision, affirmed WCJ’s finding that applicant/custodian did not sustain injury AOE/COE pursuant to Labor Code § 3600, and held that injury incurred by applicant from sexual assault by co-worker when applicant returned to work approximately five hours after her shift ended to...

San Francisco Police Department/City and County of San Francisco, PSI, Petitioner v. Workers' Compensation Appeals Board, Aaron Casey, Respondents, lexis.com, Lexis Advance

Temporary Disability—Permanent and Stationary Status—Utilization Review and Independent Medical Review—WCAB, affirming WCJ, held that applicant/crime prevention specialist who suffered industrial injury to both knees was entitled to award of temporary total disability benefits from 5/2/2013, date applicant was evaluated by agreed medical evaluator, and continuing, notwithstanding that agreed medical evaluator reported on 6/3/2013 that…

Temporary Disability—Five-Year Statute of Limitations—WCAB, affirming WCJ, held that applicant/crime prevention specialist who suffered industrial injury to both knees was not barred by five-year statute of limitations in Labor Code § 5804 from receiving award of additional temporary disability benefits for period of temporary disability more than five years after date of injury, and that…

Frances Stevens, Petitioner v. Workers' Compensation Appeals Board, Outspoken Enterprises, Inc., State Compensation Insurance Fund, Respondents, lexis.com, Lexis Advance

Medical Treatment—Independent Medical Review—Court of Appeal denied applicant’s petition for writ of mandate and writ of review challenging constitutionality of independent medical review process in Labor Code §§ 4610.5 and 4610.6, and denied respondents’ motions to dismiss petition as premature, when applicant’s appeal from independent medical review determination...

Burns International Security Services, PSI, administered by ESIS, Petitioner v. Workers' Compensation Appeals Board, Yolanda Alvarez, Respondents, lexis.com, Lexis Advance

Removal to WCAB—WCAB denied defendant’s petition to remove case to WCAB, finding no showing of prejudice if removal was not granted, when defendant sought removal (1) due to WCAB’s 5/24/2010 order rescinding earlier findings, award, and order and remanding matter for further development of medical record, further proceedings, and new decision, when WCAB found that…

Vivian Chambers (Dec'd), Valencia Chambers (Sister), Petitioner v. Workers' Compensation Appeals Board, State of California/California Department of Social Services, Inc. (In-Home Supportive Services), State Compensation Insurance Fund, Respondents, lexis.com, Lexis Advance

Workers’ Compensation Judges—Disqualification—WCAB held that applicant did not show bias of WCJ in petition to disqualify WCJ for bias, and WCAB dismissed petition to disqualify, in proceedings related to WCJ’s and WCAB’s earlier orders denying petitioner’s request for home health care services that petitioner, as lien claimant, provided to her...

Tekelebrahane Habtezghi, Petitioner v. Workers' Compensation Appeals Board, RR Donnelley, New Hampshire Insurance Company, adjusted by Gallagher Bassett Services, Inc., Respondents, lexis.com, Lexis Advance

Injury AOE/COE—Intentionally Self-Inflicted Injury—WCAB affirmed WCJ’s finding that applicant/material handler did not sustain compensable injury to his neck, back, and left foot on 6/30/2010 as alleged, when…

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