Injuries From Trench Collapse Caused by Employer's Serious and Willful Misconduct: Cal. Comp. Cases February Advanced Postings (2/12/2015)

Here’s the third batch of advanced postings for February 2015 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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CPF Masonry, State Compensation Insurance Fund, Petitioners v. Workers' Compensation Appeals Board, Leonel Omar Cruz, Respondents, lexis.com, Lexis Advance

Serious and Willful Misconduct by Employer—WCAB affirmed WCJ’s finding that injury suffered by applicant laborer to his eye, face, head, cervical spine, and psyche while working in trench that collapsed was caused by employer’s serious and willful misconduct pursuant to Labor Code §§ 4553 and 4553.1, when WCAB found that citations regarding incident from Cal/OSHA and lay testimony were sufficient to support finding of serious and willful misconduct, without expert testimony offered by either party, that fact that notices of violation were issued after applicant’s accident did not defeat serious and willful claim, since there is no...

McFarland Unified School District, PSI, administered by Self Insured Schools of California, Petitioner v. Workers' Compensation Appeals Board, Gabriel McCurtis, Respondents, lexis.com, Lexis Advance

Temporary Disability—Return to Work—Odd Lot Doctrine—WCAB affirmed WCJ’s finding that applicant school superintendent who suffered cumulative industrial injury to his coccyx and lumbar spine was entitled to award of temporary total disability benefits from date of his termination from employment with defendant school district to present and continuing, when applicant, prior to being terminated, had been working modified duty based on medical reports establishing permanent partial disability, applicant’s termination was pursuant to terms of contract under which school district’s board of trustees had power to terminate applicant, applicant’s termination was not for cause, and applicant received cash settlement/severance pay pursuant to contract following termination, and WCAB concluded that...

Andrew Thompson (Deceased), Edith Thompson (Surviving Spouse), Petitioner v. Workers' Compensation Appeals Board, Huhtamaki Americas, Inc., Ace American Insurance Company, adjusted by ESIS, Respondents, lexis.com, Lexis Advance

Death Benefits—Statute of Limitations—Asbestos Claims—WCAB, reversing WCJ in split panel decision, held that applicant widow’s claim for death benefits arising from asbestos-related death of her husband was barred by one-year statute of limitations in Labor Code § 5406.5, when applicant filed application for death benefits more than one year after her husband’s death, and majority of WCAB panel, relying onEarley v. W.C.A.B. (2003) 68 Cal. Comp. Cases 1707 (writ denied), concluded that, unlike circumstances in Arndt v. W.C.A.B. (1976) 56 Cal. App. 3d 139, 128 Cal. Rptr. 250, 41 Cal. Comp. Cases 151, in which...