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WCAB May Compel Applicant’s Evaluation by Vocational Expert: Cal. Comp. Cases May Advanced Postings (5/22/2013)

May 22, 2013 (5 min read)
Here’s the fifth batch of advanced postings for the May 2013 issue of Cal. Comp. Cases.
Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.
© Copyright 2013 LexisNexis. All rights reserved.
Charles Holz, Petitioner v. Workers' Compensation Appeals Board, Gottchalks, Specialty Risk Services, Respondents, 2013 Cal. Wrk. Comp. LEXIS 74 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 74 (Lexis Advance)
Discovery—Order Compelling Vocational Expert Evaluation—WCAB granted defendant’s petition for removal and rescinded WCJ’s order denying defendant’s motion to compel applicant/furniture mover/store manager’s attendance at evaluation and/or participation in phone call with defendant’s vocational rehabilitation expert, when WCAB found that…
Haitbrink Asphalt Paving, Inc., Redwood Fire and Casualty Insurance Companies, administered by Berkshire Hathaway Homestate Company, Petitioners v. Workers' Compensation Appeals Board, Ernesto Acevedo (aka Mario Recinos-Gonzalez), Respondents, 2013 Cal. Wrk. Comp. LEXIS 73 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 73 (Lexis Advance)
WCAB Procedure—Employer’s Duty to Provide Notice of Rights—WCAB held that applicant/laborer’s claim for compensable consequence paralysis injury incurred in automobile accident while en route to self-procured medical appointment for admitted low back injury was not barred, even though at time of paralysis injury applicant had not yet filed claim form or application for adjudication for low back injury and self-procured medical treatment outside defendant’s Medical Provider Network, when WCAB found that…
Injury AOE/COE—Injury En Route to Medical Appointment—WCAB affirmed WCJ’s finding that applicant incurred paralysis injury AOE/COE in traffic accident, when WCAB found that …
Sharon Poole, Petitioner v. Workers' Compensation Appeals Board, PriMed Management, Inc. (PriMed Management Consulting Services, Inc.), Travelers Indemnity Company, Respondents, 2013 Cal. Wrk. Comp. LEXIS 78 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 78 (Lexis Advance)
Discrimination—Labor Code § 132a—WCAB, in split panel decision, upheld WCJ’s finding that defendant did not violate Labor Code § 132a by terminating applicant/customer services representative following industrial injury to her bilateral upper extremities during cumulative period, when WCAB found that…
Redwood Empire Sawmill, Zurich North America Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Humberto-Mendoza (aka Jesus Villanueva), Respondents, 2013 Cal. Wrk. Comp. LEXIS 79 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 79 (Lexis Advance)
Psychiatric Injuries—Six-Month Employment Requirement—Sudden and Extraordinary Employment Conditions—WCAB, affirming WCJ, held that claim for psychiatric injury incurred by applicant/lumber loader/helper was not barred by six-month employment requirement in Labor Code § 3208.3(d), when psychiatric injury occurred as result of applicant having several fingers on his right hand amputated by …
Edward Schroeder, Petitioner v. Workers' Compensation Appeals Board, State of California/Department of Corrections and Rehabilitation, legally uninsured, State Compensation Insurance Fund, adjusting agent, Respondents, 2013 Cal. Wrk. Comp. LEXIS 80 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 80 (Lexis Advance)
Permanent Disability—Rating—Permanent Total Disability—WCAB denied reconsideration of its decision in which it rescinded WCJ’s finding that applicant/correctional officer with admitted industrial injury to his heart (including hypertension and cardiovascular system), psyche, and in forms of hypoxia/vascular dementia, erectile dysfunction, headaches, loss of sense of smell, and cognitive disorder caused permanent total disability pursuant to Labor Code § 4662(d), and remanded matter for rating on existing medical record, when WCAB found that…
Kristi Motley, Petitioner v. Workers' Compensation Appeals Board, University of California, PSI, adjusted by Sedgwick CMS-University of California Office, Respondents, 2013 Cal. Wrk. Comp. LEXIS 77 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 77 (Lexis Advance)
Permanent Disability—Rating—WCAB awarded applicant 32 percent permanent partial disability for her 7/26/2005 and 11/14/2005 industrial injuries to neck, back, right shoulder, and psyche, based on opinions from agreed medical evaluators in orthopedics and psychiatry, when WCAB found…
Edward Molina, Petitioner v. Workers' Compensation Appeals Board, Southern Counties Construction, State Compensation Insurance Fund, Respondents, 2013 Cal. Wrk. Comp. LEXIS 76 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 76 (Lexis Advance)
Injury AOE/COE—WCAB held that applicant equipment operator did not sustain cumulative trauma injury AOE/COE from 9/1/98 through 3/30/2007 to his cardiovascular system, lungs, headaches, psyche, respiratory system, or sinuses, based on opinions from…
Rosalie White, Petitioner v. Workers' Compensation Appeals Board, ABC Design and Marketing, Inc., Respondents, 2013 Cal. Wrk. Comp. LEXIS 82 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 82 (Lexis Advance)
Injury AOE/COE—WCAB held that applicant medical supply order processor did not meet burden of proving claimed injury AOE/COE to psyche, headaches, stress, and right hand from 1/22/2007 through 10/15/2007, when WCAB found…
Tina Sperber, Petitioner v. Workers' Compensation Appeals Board, Law Offices of Lisa M. Pacione, Respondents, 2013 Cal. Wrk. Comp. LEXIS 81 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 81 (Lexis Advance)
Injury AOE/COE—WCAB held that applicant did not sustain injury AOE/COE to both lower extremities on 7/12/2010 when applicant contended she was investigating ownership of residence for defendant’s family law client as part of her job duties as legal assistant for defendant’s law firm and was injured in jumping over wall of that residence, when WCAB found…
County of Riverside/Sheriff's Department, PSI, Petitioner v. Workers' Compensation Appeals Board, State Compensation Insurance Fund, Veronica Durazo, Respondents, 2013 Cal. Wrk. Comp. LEXIS 72 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 72 (Lexis Advance)
Injury AOE/COE—WCAB held that applicant county correctional deputy sustained injury AOE/COE on 3/3/2008 to her head from slip and fall on wet floor, based on…
Injury AOE/COE—WCAB held that applicant sustained cumulative trauma injury AOE/COE from 6/8/95 through 5/30/2008 to ears, speech, and in form of headaches and strokes, based on…
David A. Martinez, Petitioner v. Workers' Compensation Appeals Board, Shaw, Moses and Mendenhall (Shaw, Moses, Mendenhall and Associates), Respondents, 2013 Cal. Wrk. Comp. LEXIS 75 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 75 (Lexis Advance)
Petitions for Writ of Review—Time to File—Court of Appeal dismissed petition for writ of review as untimely filed, citing Camper v. W.C.A.B. (1992) 3 Cal. 4th 679, 12 Cal. Rptr. 2d 101, 836 P.2d 888, 57 Cal. Comp. Cases 644, when petitioner was…
 
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