No Post-Retirement Period of Disability Found: Cal. Comp. Cases March Advanced Postings (3/3/2015)

Here’s the second batch of advanced postings for March 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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Jessie Moore, Petitioner v. Workers' Compensation Appeals Board, Pasadena Area Community College District, PSI, administered by Keenan & Associates, Respondents, lexis.com, Lexis Advance

Temporary Disability—Post-Retirement Period of Disability—WCAB, reversing WCJ, held that applicant physical education professor who sustained admitted cumulative injury to her cervical spine, lumbar spine, left wrist, left hand, left shoulder, and knees was not temporarily totally disabled during period following her voluntary retirement, when WCAB, relying on principles in Gonzales v. W.C.A.B. (1998) 68 Cal. App. 4th 843, 81 Cal. Rptr. 2d 54, 63 Cal. Comp. Cases 1477, found that (1) although retirement letter written by applicant to her employer and applicant’s deposition testimony indicated that applicant retired reluctantly and implicated her physical injuries in her decision to retire, record, as whole, revealed that applicant retired when she did largely due to…

Randal Delao, Petitioner v. Workers' Compensation Appeals Board, State of California, Department of Mental Health, State Compensation Insurance Fund, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—Specific Injuries—WCAB, reversing WCJ, held that applicant custodian suffered two separate and distinct injuries to his spine, internal systems, and psyche, one on 6/13/96 and another on 7/31/96, and that second injury was not compensable consequence or aggravation of original injury as found by WCJ, when WCJ had based his finding on…

Permanent Disability—Rating—Apportionment—WCAB, reversing WCJ, held that applicant custodian who suffered two industrial injuries to his spine, internal systems, and psyche, one on 6/13/96 and another on 7/31/96, incurred permanent total disability and that disability was apportionable as between…

Marriott Hotel, Marriott Claims Services, Petitioners v. Workers' Compensation Appeals Board, Yolanda De Leon, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—Burden of Proof—WCAB panel, in split decision, rescinding WCJ’s finding that applicant hotel housekeeper’s fractured femur diagnosed on 8/28/2012 was not related to applicant’s 5/12/2012 industrial left leg and hip injury, held that applicant met burden of proving that 5/12/2012 industrial injury included femur fracture, when evidence indicated that…

John Delva, Petitioner v. Workers' Compensation Appeals Board, Andrews International, aka Advanced Tech Security, Arch Insurance Company, LWP Claims Solutions, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—WCAB held that applicant security officer did not sustain cumulative trauma injury AOE/COE from 6/1/2008 through 9/18/2009 to his brain, cervical spine, lumbar spine, internal system, psyche, or right ankle (contrary to WCJ’s finding of industrial injury to right ankle), based on…

Goodwill Industries of Orange County, Zurich North America, Petitioner v. Workers' Compensation Appeals Board, Penelope Bembister Rieger, Respondents, lexis.com, Lexis Advance

Petitions for Writ of Review—Time to File—Court of Appeal denied defendants’ petition for writ of review not filed within time requirements of Labor Code § 5950, with defendants appealing WCAB decision in which WCAB found that applicant service coordinator sustained injury AOE/COE to her low back on 2/5/2007, when she…

Maria Montes de Oca (aka Maria del Montes de Oca), Petitioner v. Workers' Compensation Appeals Board, Associations, Inc., Zurich American Insurance Company, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—WCAB held that applicant did not meet her burden of proving injury AOE/COE on 8/13/2012, when WCAB found that applicant claimed injury AOE/COE to multiple body parts while driving company car between job locations and contended that she was rear-ended by another vehicle (hit and run), that employer’s witness credibly testified that…

Ramiro Ortiz-Suarez, Petitioner v. Workers' Compensation Appeals Board, Lakeside Organic Gardens, Star Insurance Company, adjusted by Meadowbrook Insurance Group, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—WCAB held that applicant laborer did not sustain cumulative trauma injury AOE/COE in period ending 12/1/2012 to his psyche (under Labor Code § 3208.3) or nervous system, when applicant claimed injury from frequent criticism, abuse, and harassment from his supervisor, four credible defense witnesses testified that supervisor infrequently counseled applicant about need to maintain good product standards and did not harass or abuse applicant or treat him differently from other employees, and WCAB found that…

Vicky Lynn Valentis, Petitioner v. Workers' Compensation Appeals Board, Keolis Transit America, Inc., Companion Property and Casualty, Intercare Holdings, Respondents, lexis.com, Lexis Advance

Compromise and Releases—Setting Aside—WCAB held that applicant did not show grounds to set aside Order Approving Compromise and Release, when WCAB approved compromise and release submitted by parties at 7/16/2014 mandatory settlement conference resolving applicant taxi driver’s claim of industrial injury to multiple body parts on 2/8/2012, applicant was represented by counsel at time she signed compromise and release and parties submitted compromise and release, applicant, now unrepresented, sought to…

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