Customer, Not Applicant, Deemed Initial Physical Aggressor Despite Lack of Physical Contact: Cal. Comp. Cases September Advanced Postings (9/11/2014)

Here are the second and third batches of advanced postings for September 2014 issue of Cal. Comp. Cases.

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

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Hanover Insurance Group/Hanover Insurance Company, insurer for Shoker Trading Corporation, dba Triple S. Chevron, Petitioner v. Workers' Compensation Appeals Board, Byron Mattas, Respondents,  Lexis

2014 Cal. Wrk. Comp. LEXIS 114

Injury AOE/COE—Initial Physical Aggressor Defense—WCAB, affirming WCJ in split panel decision, held that applicant’s claim for injuries to his head, neck, low back, and left shoulder, which occurred during physical altercation with customer, was not barred by “initial physical aggressor” defense in Labor Code § 3600(a)(7), when WCAB accorded great weight to WCJ’s factual findings and credibility determinations, and WCJ determined that, based on surveillance video footage…

California Department of Consumer Affairs, Legally Uninsured, State Compensation Insurance Fund, Adjusting Agency, Petitioners v. Workers' Compensation Appeals Board, J. Michael Devroom (Dec'd), Pamela Felcher (Widow), Respondents, Lexis

Death Benefits—Public Employees—Safety-Classified Employees—WCAB, affirming WCJ, held that totally dependent widow of decedent who suffered industrially-related fatal heart attack while working as investigator for State of California, Department of Consumer Affairs, Bureau of Automotive Repair, was entitled to death benefits in amount of $250,000 pursuant to Labor Code § 4702, when WCAB found that…

Tower Select Insurance Company, Petitioner v. Workers' Compensation Appeals Board, Juan Ramon Vasquez, dba JRC Construction, Inc., Christine Baker, Director of Department of Industrial Relations/State of California, as administrator of Uninsured Employers Benefits Trust Fund, Javier Chavarria, Respondents, Lexis

Petition for Writ of Mandate/Prohibition—Stay of WCAB Proceedings—Rescission of Insurance Policy—Court of Appeal denied Tower Insurance Company’s petition for writ of mandate/prohibition and request for stay of WCAB proceedings, including trial on issues of injury AOE/COE and applicant's entitlement to benefits as well as issues of insurance coverage subject to mandatory arbitration, until civil court resolves declaratory relief action filed by Tower regarding Tower’s rescission of…

Clennon Moore, Petitioner v. Workers' Compensation Appeals Board, County of Los Angeles, PSI, administered by TRISTAR, Respondents, Lexis

Mileage to Medical Treatment—Penalties and Interest—WCAB held that defendant did not owe applicant medical mileage or penalties and interest for failure to pay medical mileage, when WCAB found that…

Lin Ouyang, Petitioner v. Workers' Compensation Appeals Board, ACHEM Industry America, Inc., Employers Compensation Insurance Company, Respondents, Lexis

Injury AOE/COE—WCAB held that applicant did not sustain cumulative trauma injury to psyche AOE/COE from 2/1/2010 through 11/13/2010, when WCAB found that applicant claimed injury from events of employment, including fear because of employer’s alleged fraudulent conduct related to immigration issues and stress from employer’s alleged accounting misrepresentations, that applicant did not present evidence that…

William Rupert, Petitioner v. Workers' Compensation Appeals Board, Frank Gischler, State Compensation Insurance Fund, Respondents, Lexis

Petitions for Reconsideration—Final Orders—Successive Petitions—WCAB dismissed petition for reconsideration of WCAB’s earlier order denying petition for removal because (1) order denying petition for removal was not final order subject to reconsideration under…

Terry D. Brown, Petitioner v. Workers' Compensation Appeals Board, Port of Oakland, PSI, Respondents Lexis

Petition for Reconsideration—Dismissal—WCAB dismissed pro per applicant’s petition for reconsideration of WCAB’s 7/30/2009 order because petition was not filed within time requirements of…