California Workers' Comp Case Roundup (12/6/2016)

CALIFORNIA COMPENSATION CASES

Vol. 81 No. 11 Nov 2016

A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review

CONTENTS OF THIS ISSUE

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Appellate Court Cases Not Originating With Appeals Board

Cameron (Paul) v. Sacramento County Employees’ Retirement System, lexis.com, Lexis Advance

Service-Connected Disability Retirement—Timeliness of Application— Court of Appeal, affirming trial court’s judgment, held that substantial evidence supported finding that plaintiff’s application for service-connected disability retirement was not timely, when Court of Appeal found that…

Lee (Kathy) v. West Kern Water Dist., lexis.com, Lexis Advance

Civil Actions Against Employers—Exclusive Remedy Rule—Court of Appeal reversed trial court and held that plaintiff’s (applicant) civil action against defendant employer was not barred by exclusive remedy rule, Labor Code §§ 3600, 3601, and 3602, for psychiatric injury that occurred 7/29/2011, when Court of Appeal found that plaintiff worked for employer as cashier at front counter providing customer service, that on 7/29/2011 plaintiff was involved in robbery and handed over money to person she believed was robber, that plaintiff later learned that robbery was mock robbery conducted by three co-employees, that plaintiff had no notice of mock robbery, that plaintiff was subsequently treated for psychiatric injury, that plaintiff applied…

Pierson v. Helmerich & Payne International Drilling Co., lexis.com, Lexis Advance

Third Party Actions—Respondeat Superior—Going and Coming Rule— Court of Appeal held that defendant Helmerich & Payne International Drilling Co., employer of Mr. Mooney (oil drilling crew member/floorhand/driver), could not be held vicariously liable under respondeat superior theory for injuries to Mr. Pierson, plaintiff/driver of other vehicle involved in motor vehicle accident with Mr. Mooney on 12/12/2011, during Mr. Mooney’s commute between job site and hotel, when Court of Appeal found that…

Taylor v. Department of Industrial Relations/Division of Labor Standards and Enforcement/State of California, lexis.com, Lexis Advance

Workers’ Compensation Insurance—Illegally Uninsured Employers—Penalties—Court of Appeal, affirming trial court’s judgment, in published portion of opinion held that, as used in Labor Code § 3722(b), “calendar year” means “one year back from the date that the director determines an employer has been uninsured on the date the citation is issued,” and in unpublished portion of opinion rejected employer’s constitutional challenges to statute, when Court of Appeal found that…

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Digests of WCAB Decisions Denied Judicial Review

Editorial Board members David Hettick, Robert G. Heywood, Richard M. Jacobsmeyer, Kenneth B. Peterson, and Robert G. Rassp recommended the following writ denied cases for summarization in this issue.

Allegis Group v. W.C.A.B. (Brodie, Roly), lexis.com, Lexis Advance

Permanent Total Disability—Substantial Evidence—WCAB, affirming decision of WCJ, held that sufficient evidence supported WCJ’s finding that applicant incurred permanent total disability as result of cumulative trauma injury to her bilateral wrists, back, bilateral shoulders, digestive system, bilateral arms, neck, psyche (including inability to sleep), and bilateral hands, while employed by defendant as production operator during 2/25/2009 to 2/25/2010, when WCAB found that…

County of Riverside v. W.C.A.B. (Simmons, Alex), lexis.com, Lexis Advance

Presumption of Industrial Causation—Heart Trouble—Peace Officers—WCAB rescinded WCJ’s finding that applicant deputy sheriff suffered industrial heart/cardiovascular injury and hypertension from 7/1/2004 to 2/9/2015 causing 46 percent permanent disability after apportionment, and concluded that WCJ erred...

Edwards (Charles) v. W.C.A.B., 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 v. W.C.A.B. (Skubitz, Douglas, Dec’d), 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 determined that…

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…

Pearl (James) v. W.C.A.B., lexis.com, Lexis Advance

Petitions for Writ of Review—Final Orders—Good Faith Personnel Actions—Court of Appeal dismissed petition for writ of review because petitioner was not appealing final order, decision, or award of WCAB, as required by Labor Code §§ 5900, 5901, 5950, when WCAB found that applicant claimed industrial injury from 8/2010 to 12/26/2013 to multiple body parts, including psyche, while applicant worked for defendant as wastewater control supervisor, that defendant had admitted and found…

Tyni (Christopher) v. W.C.A.B., 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…

Wilson (Michael) v. W.C.A.B., lexis.com, Lexis Advance

WCAB Jurisdiction—Professional Athletes—WCAB rescinded WCJ’s finding that California had jurisdiction over applicant’s claim for industrial injury while working as professional basketball player/entertainer for Defendant Harlem Globetrotters International during period 1/1/96 to 12/31/2006, when WCAB found that, pursuant to analysis in Carroll v. Cincinnati Bengals (2013) 78 Cal. Comp. Cases 655 (Appeals Board en banc opinion), applicant was temporarily in state while working for defendant and Labor Code § 3600.5(a) did not apply, that fact that defendant did not have “home” state where majority of its games were played was not factor in analyzing whether California had “sufficient connection to the matter” to hold defendant subject to its workers’ compensation law without depriving it of due process…

Other WCAB Decisions Denied Judicial Review

Williams (LeRhone) v. W.C.A.B., lexis.com, Lexis Advance

Workers’ Compensation Claims—Dismissal—Employment Relationship—WCAB granted defendant’s petition to dismiss applicant’s claim of new industrial injury on 12/5/2013 during medical evaluation by panel qualified medical evaluator evaluating applicant for 4/22/2011 industrial injury, when WCAB found that…

Appeals Board Panel Decisions

Anaya, Guillermo) v. Bay Area Carbide, lexis.com, Lexis Advance

Permanent Disability—Rating—Permanent Total Disability—WCAB, in split panel opinion, affirmed WCJ's finding that applicant who suffered industrial injury to his lungs, respiratory system, psyche, and in form of diabetes while employed as tool handler from 7/8/2009 through 7/8/2010, was entitled to unapportioned award of 100 percent permanent disability “in accordance with the fact” pursuant to Labor Code § 4662(b) based on opinions of examining physicians indicating that applicant was unable to return to labor market due to his physical and psychiatric limitations; however, WCAB disagreed…

Swinton (Reginald) v. Arizona Cardinals, lexis.com, Lexis Advance

WCAB Jurisdiction—Professional Athletes—WCAB, affirming WCJ, held that WCAB had subject matter jurisdiction over applicant's claim against defendant Arizona Cardinals for cumulative industrial injury during period 2/2000 through 3/11/2006, while playing professional football (wide receiver, kick/punt returner) for multiple football teams, when WCAB concluded that contrary to defendant's contention, Court of Appeal 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, did not hold that WCAB lacks subject matter jurisdiction over injury claim when there is limited connection between injury and state of California, but rather addressed issues of conflicts of law and due process regarding defendant's participation in case, that there was no question here that WCAB…

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