07 Nov 2016

Vocational Expert’s Opinion Did Not Rebut Scheduled Rating: Cal. Comp. Cases Advanced Postings (11/7/2016)

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

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

Charles Edwards, Petitioner v. Workers' Compensation Appeals Board, Forbes Security, Inc., American Guarantee and Liability Insurance Company, administered by Zurich Insurance Company, Respondents, lexis.com, Lexis Advance

Permanent Disability—Rating—Vocational Expert Evidence—WCAB affirmed WCJ’s findings that applicant security guard suffered 30 percent permanent disability from injuries to his cervical spine and left upper extremity on 9/15/2011, and that applicant’s vocational expert’s opinion did not support finding that applicant was 100 percent permanently disabled under standards set forth in Ogilvie v. W.C.A.B. (2011) 197 Cal. App. 4th 1262, 129 Cal. Rptr. 3d 704, 76 Cal. Comp. Cases 624, when WCAB found…

Hanford Community Medical Center, PSI, administered by Adventist Health, Petitioner v. Workers' Compensation Appeals Board, Douglas Skubitz (deceased), Respondents, lexis.com, Lexis Advance

Injury AOE/COE—Going and Coming Rule—Deviations from Course of Employment—WCAB affirmed WCJ’s finding that decedent suffered fatal injury AOE/COE in car accident on 12/7/2009 while traveling from his home in Fresno to attend second day of two-day leadership training conference in Pismo Beach after having returned home to Fresno with employer’s permission following completion of first day of conference to be with his daughter who had just given birth, when WCAB…

Death Benefits—Dependency—WCAB, reversing WCJ in split panel decision, held that decedent’s infant granddaughter, born approximately 12 hours prior to decedent’s fatal accident on 12/7/2009, qualified as decedent’s dependent for purposes of recovering death benefits, when WCAB panel majority reasoned that, to be dependent of deceased employee, Labor Code § 3503 requires either that purported dependent be good-faith member of deceased employee’s family or household or that dependent have specified relationship with deceased employee, including that of grandchild, that under…

Christopher Tyni, Petitioner v. Workers' Compensation Appeals Board, City of Montebello, PSI, administered by ACME Administrators, Respondents, lexis.com, Lexis Advance

Medical Treatment—Independent Medical Review—Time Deadlines—WCAB, affirming WCJ, held that WCAB had no authority to determine dispute regarding medical treatment recommended for applicant police officer’s 8/26/2014 right knee injury, when WCAB concluded that…