Defendant Entitled to Credit for Applicant’s $5M Third-Party Settlement in Plumbing Explosion: Cal. Comp. Cases January Advanced Postings (1/21/2015)

Here’s the fourth batch of advanced postings for the January 2015 issue of Cal. Comp. Cases.

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

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Jeffrey White, Petitioner v. Workers' Compensation Appeals Board, Water Clarity Plumbing Company, Employers Compensation Insurance Company, Respondents, (lexis.com), (Lexis Advance)

Third Party Actions—Credit—Employer Negligence—WCAB, affirming WCJ, held that defendant was five percent negligent in causing applicant plumber’s skin and abdomen injuries and alleged injury to his psyche, nerves, eyes, and other body parts suffered while applicant was removing ansul valve (device that operates to cut off flow of gas through gas pipes in event of fire) from premises of automobile dealership mall owned by third party who was found to be 95 percent at fault for applicant’s injuries, and that defendant was entitled to credit for applicant’s $5,174,000 net third-party settlement recovery after expenditure of its total workers’ compensation contribution of $600,000, when WCAB relied on…

Keith Booth, Petitioner v. Workers' Compensation Appeals Board, Chicago Bulls, TIG Insurance, Respondents, (lexis.com), (Lexis Advance)

WCAB Jurisdiction—Minimum Contacts—Professional Athletes—WCAB, reversing WCJ, held that there was no California jurisdiction over applicant professional basketball player’s claim against employer Chicago Bulls, when WCAB found that under Federal Insurance Company v. W.C.A.B. (Johnson) (2013) 221 Cal. App. 4th 1116, 165 Cal. Rptr. 3d 288, 78 Cal. Comp. Cases 1257, California must have sufficient interest in applicant’s claim to apply its workers’ compensation law, since, otherwise, employer/carrier would be deprived of due process, that, although Johnson does not suggest rigid application of mathematical formula to determine jurisdiction based solely on number of games played in California, it does require that nature of applicant’s contact with California be…

Feliciano Espinoza, Petitioner v. Workers' Compensation Appeals Board, Intergem, Inc., Argonaut Insurance Company, Respondents, (lexis.com), (Lexis Advance)

Medical Treatment—Utilization Review—Independent Medical Review—WCAB rescinded WCJ’s finding that WCAB had jurisdiction to determine whether applicant was entitled to back surgery and that back surgery was not necessary, and held that WCAB did not have jurisdiction to review defendant’s 11/1/2013 utilization review denial of back surgery because, pursuant to Labor Code § 4610.5 (effective 7/1/2013), all utilization review disputes must be resolved through independent medical review unless it is established that utilization review is untimely…

Wausau Insurance Company, insurer for Hughes Aircraft Company, Petitioner v. Workers' Compensation Appeals Board, Bernard H. Billik, Respondents, (lexis.com), (Lexis Advance)

Petition for Writ of Review—WCAB Final Orders—Court of Appeal dismissed petition for writ of review appealing WCAB decision that was not final order or decision as required by Labor Code §§ 5900 and 5901, when insurer was…

Rafael Macias, dba Macias Farms, Petitioner v. Workers' Compensation Appeals Board, Uninsured Employer's Benefits Trust Fund, Constantino Vargas, Respondents, (lexis.com), (Lexis Advance)

Stipulations with Request for Award—Setting Aside—WCAB denied defendant’s petition to set aside stipulations with request for award, which WCAB had approved on 3/19/2012, and denied defendant’s petition to dismiss defendant as party, when WCAB found that applicant laborer injured his back and right knee while working for defendant on 10/10/2001, that on 10/10/2001 defendant was illegally uninsured under Labor Code § 3700 et seq., that applicant and Uninsured Employers Benefits Trust Fund reached settlement of…