01 Sep 2016

Two Injuries Found Inextricably Intertwined: Cal. Comp. Cases Advanced Postings (8/31/2016)

Here’s the latest batch of advanced postings for the September 2016 issue of Cal. Comp. Cases.

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

Flowserve Corporation, Travelers Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Cesar Espinoza, Respondents, lexis.com, Lexis Advance

Permanent Disability—Permanent Total Disability—Apportionment—WCAB affirmed WCJ’s findings that applicant machinist sustained 100 percent permanent disability as result of 2/20/2003 specific injury to his right shoulder, left knee, left lower extremity, and back, and cumulative injury to his shoulders, knees, left lower extremity, and back over period through 3/18/2004, and that applicant was entitled…

State of California Department of Corrections and Rehabilitation, State Compensation Insurance Fund, adjusting agent, Petitioner v. Workers' Compensation Appeals Board, Kischa Loving, Respondents, lexis.com, Lexis Advance

Medical-Legal Procedure—Ex Parte Communications—WCAB affirmed WCJ’s finding that defendant violated Labor Code § 4062.3 by engaging in ex parte communications with agreed medical evaluator Mitchel Silverman, M.D., including conducting ex parte interview of Dr. Silverman purportedly in connection with criminal workers’ compensation insurance fraud investigation…

Zenith Insurance Company, Younique Cafe, Inc., Petitioners v. Workers' Compensation Appeals Board, Western Imaging Services, Inc., Rogelio Cornejo, Respondents, lexis.com, Lexis Advance

Lien Claims—Copy Services—Registration Requirements—WCAB en banc, rescinding WCJ’s findings and award and returning case to trial level for further proceedings, held that, because Business & Professions Code § 22451(b) exempts member of California state bar and his or her employees, agents, and independent contractors from registration and bonding requirements for professional photocopiers in Business & Professions Code §§ 22450 and 22455…

Sukhvinder Dhindsa, Petitioner v. Workers' Compensation Appeals Board, Seneca Foods Corporation, AIGRM/National Union Fire Insurance, adjusted by Gallagher Bassett Services, Inc., Respondents, lexis.com, Lexis Advance

Petitions for Reconsideration—Final Orders—WCAB dismissed petition for reconsideration of WCJ Findings of Fact and Orders that was not final order or decision as required by Labor Code §§ 5900, 5903, when WCAB found that applicant sustained injury AOE/COE on 8/7/2014 to left knee and ankle, that in Findings of Fact and Orders WCJ…

Newport Mesa Unified School District, PSI, administered by Keenan & Associates, Petitioner v. Workers' Compensation Appeals Board, Barajas Baldemar, Respondents, lexis.com, Lexis Advance

Injuries AOE/COE to Psyche—Good Faith Personnel Actions—WCAB held that applicant’s injury to psyche was not barred because actual events of employment that caused injury were discriminatory actions and employer did not meet burden of proving claim was barred under Labor Code § 3208.3(h), which bars injuries to psyche AOE/COE that are caused by employer’s lawful, non-discriminatory, good faith personnel actions, and that claim was compensable, and WCAB awarded temporary total disability benefits to applicant, when WCAB found…