FEHA Settlement Didn’t Preclude TTD Award: Cal. Comp. Cases November Advanced Postings (10/22/2013)

Here’s the first batch of advanced postings for the November 2013 issue of Cal. Comp. Cases.

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

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Zurich North America, insurer for Henkel and McCoy, Inc., Petitioner v. Workers' Compensation Appeals Board, Christopher Nash, Respondents, 2013 Cal. Wrk. Comp. LEXIS 168 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 168 (Lexis Advance)

Civil Actions Against Employer—Fair Employment and Housing Act Claims—Effect of Civil Settlement on Workers' Compensation Claims—WCAB, affirming WCJ, held that settlement agreement, under which applicant/journey lineman with cumulative trauma to his back, neck, shoulders, and wrists settled his Fair Employment and Housing Act claim against employer, did not preclude applicant’s entitlement to temporary total disability benefits awarded by WCJ based on opinions of treating physician and panel qualified medical evaluator, notwithstanding that settlement provided for lost wages and contained “do not hire” provision purportedly preventing applicant from seeking any type of employment with defendant, when WCAB found that …

Rose Walton, Petitioner v. Workers' Compensation Appeals Board, State of California, Department of Corrections and Rehabilitation, legally uninsured, adjusted by State Compensation Insurance Fund, Respondents, 2013 Cal. Wrk. Comp. LEXIS 166 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 166 (Lexis Advance)

Permanent Disability—Rating—AMA Guides—WCAB affirmed WCJ’s finding that applicant/correctional lieutenant suffered 65 percent permanent disability, after apportionment, as result of admitted cumulative trauma to her back, psyche, gastrointestinal system, and in forms of hypertension, sleep disturbance, esophageal reflux, and headaches, based on agreed medical evaluator’s report finding 15 percent whole person impairment, based on DRE Category III in AMA Guides plus additional two percent impairment for pain and limitation in activities of daily living, and held that…

Permanent Disability—Apportionment—Non-Industrial Factors—WCAB upheld WCJ’s finding that 60 percent of applicant/correctional lieutenant’s gastrointestinal permanent disability was caused by industrial cumulative trauma injury, and that 40 percent was due to...

Wells Fargo Bank, N.A., Sedgwick CMS, Petitioners v. Workers' Compensation Appeals Board, Specialty Risk, Catherine Blutcher, Respondents, 2013 Cal. Wrk. Comp. LEXIS 167 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 167 (Lexis Advance)

Psychiatric Injury—Predominant Cause—WCAB, affirming WCJ, held that applicant/bank branch manager suffered compensable psychiatric injury, as well as injuries to her internal system and in form of sleep disorder, based on reporting of agreed medical evaluator establishing that applicant’s psychiatric injury was predominantly caused by stress resulting from noise created by …

Psychiatric Injury—Good Faith Personnel Actions—WCAB, affirming WCJ, held that applicant/bank branch manager’s claim for psychiatric injury was not barred by good faith personnel actions defense in Labor Code § 3208.3(h), when WCAB found that defendant failed to meet burden of proving that psychiatric injury was substantially caused by …

Joseph Gagne, Petitioner v. Workers' Compensation Appeals Board, Fru Con Construction, Zurich North America, Respondents, 2013 Cal. Wrk. Comp. LEXIS 165 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 165 (Lexis Advance)

Temporary Total Disability—WCAB awarded applicant temporary total disability benefits from 6/1/2007 (date applicant/pipefitter stopped working after 7/23/2001 industrial right knee injury) through 7/23/2007 (date applicant recovered from total knee replacement surgery) and denied…

Costs—Travel Expenses—WCAB denied applicant’s request for further reimbursement of travel expenses to attend medical-legal evaluations and his deposition, finding…

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