Defendant’s 39-Day Delay of $49K Settlement Payment Found Unreasonable: Cal. Comp. Cases February Advanced Postings (2/18/2015)

Here’s the fourth batch of advanced postings for February 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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Ace American Insurance Company (administered by Sedgwick Claims Management Services), insurer for Aramark at HP Pavilion, Petitioners v. Workers' Compensation Appeals Board, Mary Cruz Patino, Respondents, lexis.com, Lexis Advance

Penalties—Delay in Payment of Settlement Proceeds—WCAB affirmed WCJ’s award of 15 percent penalty under Labor Code § 5814 on delayed payment of $49,022.37, and accrued interest on delayed payment, owed to applicant cook under compromise and release agreement settling applicant’s claim for admitted industrial injury to her right upper extremity and psyche, when WCAB found that, while defendant timely paid portion of settlement proceeds, defendant’s 39-day delay in payment of additional $49,022.37 was “unreasonable almost as a matter of law,” that defendant offered no admissible evidence to explain 39-day delay in payment nor did…

Penalties—Delay in Payment of Permanent Disability Benefits—WCAB affirmed WCJ’s finding that defendant was not entitled to credit against its settlement liability for $13,440.21 in permanent disability advances sent to applicant at her address of record but never received by applicant, and that defendant still owed this amount, plus accrued interest, and 20 percent penalty on $13,440.21 and interest under Labor Code § 5814, separate from penalty owed on $49,022.37 delayed settlement payment, when WCAB found that…

City of Fresno, PSI, American All-Risk Loss Administrators, adjusting agency, Petitioner v. Workers' Compensation Appeals Board, Dorothy Tristan, Respondents, lexis.com, Lexis Advance

Removal to WCAB—Discovery Orders—WCAB, denying defendant’s petition for removal, affirmed WCJ’s second discovery order requiring defendant’s labor relations specialist/human resources analyst to attend second deposition in WCJ’s presence and produce statements of witnesses to that analyst related to applicant’s complaint before Equal Employment Opportunity Commission, which involved same time period as many of applicant’s multiple workers’ compensation claims, when WCAB found that…

Arrowood Indemnity, insurer for Embassy Suites, Petitioner v. Workers' Compensation Appeals Board, Hsaing Terek, Respondents, lexis.com, Lexis Advance

Permanent Disability—Rating—Apportionment—WCAB awarded applicant 100 percent permanent disability, with no apportionment, for applicant housekeeper’s 5/24/2003 slip and fall injury AOE/COE, with admitted and found injury to …

County of San Diego, PSI, Petitioner v. Workers' Compensation Appeals Board, Alejandro Llamas, Respondents, lexis.com, Lexis Advance

Injury to Psyche AOE/COE—WCAB held that applicant senior cadastral technician sustained injury AOE/COE to psyche on 8/12/2013, based on applicant’s credible testimony and opinions from panel qualified medical evaluator, when WCAB found that…

Gale Doolan (aka Gene Doolan), Petitioner v. Workers' Compensation Appeals Board, Inergy Propane, ACE USA, administered by ESIS, Respondents, lexis.com, Lexis Advance

Permanent Disability—Rating—Apportionment—WCAB awarded applicant truck driver 85 percent permanent partial disability plus life pension for admitted injury AOE/COE on 2/11/2008 to low back, psyche, peripheral vascular disease/deep vein thrombosis, pulmonary disorder, and reproductive disorder, when WCAB based its…

Samuel B. Johnson, III, Petitioner v. Workers' Compensation Appeals Board, Chevron Corporation (a Delaware corporation), Chevron Environmental Management Corp. (a division of Chevron U.S.A., Inc.), Respondents, lexis.com, Lexis Advance

Injury AOE/COE—Benefits—WCAB held that applicant procurement specialist sustained admitted cumulative trauma injury AOE/COE in period ending 8/7/2006 to left hand, left wrist, and left thumb, and did not sustain injury AOE/COE to other claimed body parts (left finger, left arm, right hand, right wrist, right fingers, and psyche/stress/nervous system) in same period of time, that…