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Case Law Updates for March 2018

Posted by Michael W. Sullivan on Mar 5, 2018 8:00:00 AM

To keep Sullivan on Comp up to date on a monthly basis, our team dives into each panel decision and new laws to include an explanation of how each case fits within the workers' compensation scheme. Below is a sampling of this month's updates. Complete discussions of these topics can be found on Sullivan on Comp.

CHAPTER 5: INJURY

In Benitez, Quezada v. AG Force, LLC, 2017 Cal. Wrk. Comp. P.D. LEXIS 580, the WCAB relied on circumstantial evidence to find that an employee sustained a compensable injury from a spider bite that resulted in the development of cellulitis and ultimately caused his demise.

In Online Graphics and Finishing v. WCAB (Puccio) (2017) 83 CCC 113 (writ denied), the WCAB held that an applicant’s stroke was a compensable consequence of an industrial injury because treatment of his atrial fibrillation was withheld in order to treat the industrial injury. 

CHAPTER 6: STATUTES OF LIMITATIONS 

In Griffin v. County of San Bernardino, 2018 Cal. Wrk. Comp. P.D. LEXIS 13, the WCAB held that an applicant’s claim for a cumulative trauma injury to his ears while employed as a fire captain was not barred by the statute of limitations. 

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CHAPTER 7: MEDICAL TREATMENT

In Ghattas v. O'Reilly Auto Parts, 2018 Cal. Wrk. Comp. P.D. LEXIS 1, the WCAB held that that when an employer denies a claim within the 90-day period provided by LC 5402(b), its responsibility to provide medical treatment pursuant to LC 5402(c) ends, and it is not required to perform UR of any pending requests for authorization (RFAs).

In Hall v. Western Medical, 2017 Cal. Wrk. Comp. P.D. LEXIS 581, the WCAB held that an employer’s UR determination was untimely, and that it had jurisdiction to award companion home care requested by a treating physician when the defendant did not complete the UR within the 72-hour time frame for an expedited review under LC 4610. 

In Wyant v. American Medical Response, 2017 Cal. Wrk. Comp. P.D. LEXIS 587, the WCAB awarded an applicant spinal surgery that was denied earlier by utilization review (UR). After a second request for authorization, a subsequent UR determination found it medically necessary following a documented change in material facts under LC 4610(k). 

In Guerra v. Financial Statement Services, Inc., 2018 Cal. Wrk. Comp. P.D. LEXIS 2, the WCAB held that an applicant was entitled to temporary disability benefits based on the opinion of his new treating chiropractor, even though he was released from care without ratable disability or the need for future medical care by an earlier physician.

In Vargas v. Excel Staffing, 2017 Cal. Wrk. Comp. P.D. LEXIS 586, the WCAB vacated a WCJ’s notice of intent to dismiss a lien when: (1) the lien had already been dismissed by a prior judge, and there was no lien remaining to dismiss; and (2) the lien claimant asserted that the lien was subject to an automatic stay pursuant to LC 4615.

CHAPTER 12: DEATH BENEFITS

In Moon v. Southern California Edison, 2017 Cal. Wrk. Comp. P.D. LEXIS 590, the WCAB concluded that a minor son did not meet his burden of proving he was physically or mentally incapacitated from earning, which would have entitled him to lifetime death benefits pursuant to LC 4703.5, even though a physician reported that his autism spectrum disorder would require “continual medical and daily care assistance for life.” 

CHAPTER 14: DISCOVERY AND SETTLEMENT

In Shemet v. Perry, 2018 Cal. Wrk. Comp. P.D. LEXIS 22, the WCAB upheld a WCJ’s finding that an applicant suffered a compensable injury based on the QME’s report, and that the defendant was not denied due process, even though it could not cross-examine the applicant at trial because he claimed his Fifth Amendment rights.

In Gutierrez v. Molycorp Minerals, 2018 Cal. Wrk. Comp. P.D. LEXIS 3, the WCAB upheld a WCJ’s decision that the applicant was not entitled to a replacement panel based on the QME’s inability to make herself available for a deposition within 120 day as required by CCR 35.5(f).

CHAPTER 15: PRETRIAL LITIGATION

In Sequeira de Bustos v. WCAB, 2018 Cal. Wrk. Comp. LEXIS 4 (writ denied), the WCAB awarded an applicant 20 percent permanent disability based on the permanent and stationary report of a QME, even though the primary treating physician never issued reports addressing the applicant’s permanent disability. 

In Guerra v. Financial Statement Services, Inc., 2018 Cal. Wrk. Comp. P.D. LEXIS 2, the WCAB affirmed a WCJ’s order setting the matter for an expedited hearing on the applicant’s right to temporary disability benefits, even though the applicant’s attorney did not engage in a genuine, good-faith effort to resolve the dispute before filing the DOR.

In Torok v. County of San Diego, 2018 Cal. Wrk. Comp. P.D. LEXIS 6, the WCAB rescinded a WCJ’s order disallowing a lien for back surgery provided by a private health plan before an applicant filed a claim with the employer. 

In Torres v. American Building Janitorial, Inc., 2018 Cal. Wrk. Comp. P.D. LEXIS 11, the WCAB rescinded a WCJ’s finding that a lien was not properly and timely filed, and was invalid and barred by the statute of limitations when the WCJ misunderstood the requirements of LC 4903.8(d). 

CHAPTE R16: TRIAL AND APPEAL

In Sayre v. WCAB, 2018 Cal. Wrk. Comp. LEXIS 3 (writ denied), the WCAB concluded that an applicant did not meet his burden of proving his sarcoidosis and related erythema nodosum were related to his employment as a deputy sheriff. 

In Nowak v. Pacific Architectural Engineering, 2018 Cal. Wrk. Comp. P.D. LEXIS 18, the WCAB rescinded a WCJ’s award of continuing temporary disability when, after an expedited hearing Oct. 3, 2017, the parties received a report from the primary treating physician Oct. 13, 2017, stating that the applicant was permanent and stationary Aug. 23, 2017. 

Topics: Case Law Updates

Case Law Updates for February 2018

Posted by Michael W. Sullivan on Feb 9, 2018 9:56:04 AM

To keep Sullivan on Comp up to date on a monthly basis, our team dives into each panel decision and new laws to include an explanation of how each case fits within the workers' compensation scheme. Below is a sampling of this month's updates. Complete discussions of these topics can be found on Sullivan on Comp.

CHAPTER 2: JURISDICTION AND SUBROGATION

In Parker v. Indy Fuel Hockey, 2017 Cal. Wrk. Comp. P.D. LEXIS 547, the WCAB held that a defendant may waive personal jurisdiction by failing to timely raise the issue and by making a general appearance in the matter.

 

CHAPTER 3: BUSINESS OF INSURANCE 

In People ex rel. Alzayat v. Hebb (2017) 18 Cal. App. 5th 801, the 4th District Court of Appeal, reversing a trial court’s judgment, held that an employee’s qui tam lawsuit against his employer and supervisor alleging a violation of the Insurance Fraud Prevention Act (IFPA), was not barred by the litigation privilege under Civil Code 47 nor the exclusive remedy rule.

 

CHAPTER 5: INJURY

In Panapa v. County of Ventura Probation Agency, 2017 Cal. Wrk. Comp. P.D. LEXIS 544, the WCAB affirmed a WCJ’s decision that an applicant failed to meet the burden of proving that an employee’s death from lung cancer was due to asbestos exposure in the workplace. 

In Lee v. State of California, Department of Corrections and Rehabilitation, Pleasant Valley State Prison, 2017 Cal. Wrk. Comp. P.D. LEXIS 543, the WCAB held that a corrections officer was entitled to the presumption under LC 3212.10 for his valley fever, which the AME identified as pneumonia. 

In Salceda v. Direct Motion, Inc., 2017 Cal. Wrk. Comp. P.D. LEXIS 550, the WCAB held that a decedent’s fatal injury did not arise out of and in the course of his employment with an employer. 

 

CHAPTER 6: STATUTES OF LIMITATIONS

In Terry v. California Department of Corrections and Rehabilitation, 2017 Cal. Wrk. Comp. P.D. LEXIS 578, the WCAB held that a claim for death benefits, filed Nov. 3, 2016, was barred by LC 5406(b).

In Greene v. HCI Environmental Engineering, 2017 Cal. Wrk. Comp. P.D. LEXIS 537, the WCAB held that a copy services lien filed June 29, 2015 was barred by the statute of limitations under LC 4903.5(a) when the last date of service was Sept. 25, 2013, and the lien claim was not filed within 18 months of the last date services were rendered. 

 

CHAPTER 7: MEDICAL TREATMENT

In Maldonado v. Beverly Hilton Hotel, 2017 Cal. Wrk. Comp. P.D. LEXIS 566, the WCAB granted removal of a WCJ’s decision removing a person designated as the defendant’s nurse case manager from further participation in the case when the WCAB determined she did not perform nursing duties, but performed claims-handling duties. 

In Avila v. Payless Cashways, 2017 Cal. Wrk. Comp. P.D. LEXIS 554, the WCAB rescinded a WCJ’s order requiring a defendant to prepay mileage, room and medical expenses in relation to a back surgery. 

In Zuniga v. WCAB (2018) Cal. App. LEXIS 62, the 1st District Court of Appeal held that LC 4610.6(f), which requires the IMR organization to keep the names of reviewers confidential, prohibits the WCAB from ordering disclosure of the reviewer’s identities and does not violate due process.

 

CHAPTER 11: RETURN TO WORK

On Jan. 10, 2018, the California Supreme Court ordered depublication of Ly v. County of Fresno (2017) 82 CCC 1138, in which the 5th District Court of Appeal held that the doctrine of res judicata barred discrimination claims brought by three employees under the California Fair Employment and Housing Act (FEHA) when the WCAB barred their workers’ compensation claims under LC 3208.3(h).

 

CHAPTER 14: DISCOVERY AND SETTLEMENT

In Camacho v. Pirate Staffing, 2017 Cal. Wrk. Comp. P.D. LEXIS 531, the WCAB held that a WCJ erred when he drew an adverse inference because an applicant, following the advice of his attorney, asserted his Fifth Amendment privilege against self-incrimination with respect to questioning about his Social Security number. 

In Pineda v. Mission Foods, 2017 Cal. Wrk. Comp. P.D. LEXIS 572, the WCAB upheld a WCJ’s decision denying an applicant’s request for a replacement panel on the grounds that the deposition could not be scheduled within 120 days as required by CCR 35.5(f).

In Beecham v. Swift Transportation Services, LLC, 2017 Cal. Wrk. Comp. P.D. LEXIS 555, the WCAB upheld an order striking a QME’s report and ordering a new QME panel when there was evidence that the QME’s opinion may have been influenced by racial or ethnic bias.

 

CHAPTER 15: PRETRIAL LITIGATION

In Hensley v. Archdiocese of Los Angeles, 2017 Cal. Wrk. Comp. P.D. LEXIS 564, the panel majority held that an applicant’s move to San Francisco did not constitute good cause to transfer venue from Long Beach to San Francisco.

In Maldonado v. Beverly Hilton Hotel, 2017 Cal. Wrk. Comp. P.D. LEXIS 566, the WCAB held that if a WCJ’s oral decision at the conclusion of trial is followed by a written decision served by mail, the mailbox rule would apply from the date of the written decision for the purposes of appeal.

In Molina v. Lopez d/b/a Wilfred Management, 2017 Cal. Wrk. Comp. P.D. LEXIS 568, the WCAB found an order dismissing a case for lack of prosecution issued six years earlier was void on its face for lack of compliance with CCR 10582.

In Quan v. Barrett Business Services, 2017 Cal. Wrk. Comp. P.D. LEXIS 575, the WCAB held that an interpreter failed to establish the market rate for interpreting services even though she offered market rate studies that included recent jobs in which the interpreter was paid the full amount requested.

 

Topics: Case Law Updates

Case Law Updates for December 2017

Posted by Michael W. Sullivan on Dec 14, 2017 8:00:00 AM

To keep Sullivan on Comp up to date on a monthly basis, our team dives into each panel decision and new laws to include an explanation of how each case fits within the workers' compensation scheme. Below is a sampling of this month's updates. Complete discussions of these topics can be found on Sullivan on Comp.

CHAPTER 3: BUSINESS OF INSURANCE

In American Cargo Express, Inc. v. Superior Court (2017) 82 CCC 1115, the 3rd District Court of Appeal held that the Self-Insurers' Security Fund (SISF) could bring a civil action in Superior Court pursuant to LC 3744(c) to recover compensation it paid after a temporary staffing business defaulted on its obligations to self-insure, and that the claim was not subject to the exclusive jurisdiction of the WCAB.

In Pearson Ford v. WCAB (Hernandez) (2017) 82 CCC 1105, the 4th District Court of Appeal held that an applicant's conviction for violating IC 1871.4 did not bar his workers' compensation claim when there was evidence, independent of the applicant's fraud, that he suffered a compensable injury and was entitled to benefits. 

 

CHAPTER 6: STATUTES OF LIMITATIONS

In De La Torre v. County of San Luis Obispo, 2017 Cal. Wrk. Comp. P.D. LEXIS 438, the WCAB held that an applicant's alleged cumulative trauma claim was barred by the statute of limitations when the defendant established the date of injury under LC 5412 more than a year before the applicant filed his application for adjudication. 

In Williams v. Department of Corrections & Rehabilitation—California Institute for Women, 2017 Cal. Wrk. Comp. P.D. LEXIS 458, the WCAB set aside a stipulated award of 0 percent permanent disability nearly 16 years after the date of injury and 10 years after the date of an award issued in 2007 when the applicant was able to establish extrinsic fraud.  

 

CHAPTER 7: MEDICAL TREATMENT

In Power v. St. John's Regional Medical Center, 2017 Cal. Wrk. Comp. P.D. LEXIS 452, the WCAB rescinded a WCJ's order requiring a defendant to continue providing medication timely denied by the utilization review (UR) process. 

 

CHAPTER 9: TEMPORARY DISABILITY

In Cox v. State of California, Department of Alcoholic Beverage Control, 2017 Cal. Wrk. Comp. P.D. LEXIS 437, the WCAB awarded a penalty under LC 5814 for a defendant's unilateral termination of temporary disability benefits following an award, without filing a petition to terminate benefits per LC 4651.1.

In Favre v. Pasadena Unified School District, 2017 Cal. Wrk. Comp. P.D. LEXIS 467, the WCAB affirmed an arbitrator's order for AIG to reimburse Fireman's Fund Insurance Co. (FFIC) for its proportionate share of the applicant's treatment and temporary disability caused by multiple successive injuries. 

 

CHAPTER 10: PERMANENT DISABILITY

In Sobol v. State of California Department of Corrections and Rehabilitation, 2017 Cal. Wrk. Comp. P.D. LEXIS 454,  the WCAB determined that an AME's opinion on apportionment to genetic factors was not substantial evidence because it was conclusory and not substantiated with sufficient medical rationale.

In Nadey v. Pleasant Valley State Prison, 2017 Cal. Wrk. Comp. P.D. LEXIS 446, the WCAB granted removal of a WCJ's order denying a defendant's motion to compel disclosure of prior permanent disabilities pursuant to LC 4663 on the basis that defendant had other means of seeking the information.

 

CHAPTER 11: RETURN TO WORK

In Ly v. County of Fresno (2017) 82 CCC 1138, the 5th District Court of Appeal held that the WCAB's decisions in three cases finding psychiatric injuries were not compensable under LC 3208.2(h), were res judicata and barred discrimination claims under the FEHA.

 

CHAPTER 14: DISCOVERY AND SETTLEMENT

In Peluso v. Calgary Flames, 2017 Cal. Wrk. Comp. P.D. LEXIS 476, the WCAB granted removal of a WCJ's discovery plan requiring an applicant, who lived in Minnesota, to travel to California to participate in 14 medical and vocational evaluations and two days of deposition. 

In Ramos v. International Marine Industrial Applicators, 2017 Cal. Wrk. Comp. P.D. LEXIS 478, The WCAB rescinded a WCJ's order allowing a new QME on the basis that, in violation of CCR 35(e), the physician was provided medical records without submitting them to the WCJ for approval when the applicant didn’t object to the records being provided until the eve of trial. 

 

CHAPTER 15: PRETRIAL LITIGATION

In Kelley v. Loma Linda University Medical Center, 2017 Cal. Wrk. Comp. P.D. LEXIS 443, the WCAB rescinded a WCJ's order dismissing the liens of three claimants when they failed to appear at a noticed status conference on the issue of attorneys' fees.

In Coquillette v. Montreal Expos, 2017 Cal. Wrk. Comp. P.D. LEXIS 436, the WCAB upheld a WCJ's decision admitting reports of secondary treating physicians that were listed on the pretrial conference statement, but were not served until the day after. 

In Wright v. City of Huntington Beach, 2017 Cal. Wrk. Comp. P.D. LEXIS 465, the WCAB held that an applicant's former attorney was not entitled to any attorney's fee from a compromise and release settling the case for $240,246.00, and that allowable attorneys' fees should be split between the applicant's two subsequent attorneys. .

In Flores v. Chualar Canyon Ranch Supply, 2017 Cal. Wrk. Comp. P.D. LEXIS 440, the WCAB affirmed a WCJ's decision that a defendant was liable for two penalties under LC 5814 for unreasonable delay in paying a vocational expert's costs. 

 

CHAPTER 16: TRIAL AND APPEAL

In Zepeda v. Advanced Office Services, 2017 Cal. Wrk. Comp. P.D. LEXIS 459, the WCAB denied removal of a WCJ's order setting a case for trial over a defendant's objection, even though the applicant attached a vocational expert’s report to a declaration of readiness to proceed to a mandatory settlement conference. 

 

Topics: Case Law Updates

Case Law Updates for November 2017

Posted by Michael W. Sullivan on Nov 3, 2017 11:00:00 AM

To keep Sullivan on Comp up to date on a monthly basis, our team dives into each panel decision and new laws to include an explanation of how each case fits within the workers' compensation scheme. Below is a sampling of this month's updates. Complete discussions of these topics can be found on Sullivan on Comp.

CHAPTER 2: JURISDICTION AND SUBROGATION

In Light v. Department of Parks and Recreation (2017) 82 CCC 987, the 4th District Court of Appeal reversed the trial court and concluded triable issues of material fact precluded summary adjudication of the plaintiff's retaliation claim, but not her disability discrimination claim. 

 

CHAPTER 5: INJURY

In Gravlin v. City of Vista, 2017 Cal. Wrk. Comp. P.D. LEXIS 413, the WCAB granted reconsideration on its own motion of its prior decision and held that an applicant sustained a single cumulative trauma injury resulting in hypertension and skin cancer. 

In Anaya v. Kelly, 2017 Cal. Wrk. Comp. P.D. LEXIS 381, the WCAB held that a seasonal strawberry picker sustained a single cumulative trauma (CT) injury, and that the insurer at the end of his employment was solely liable for the injury even though the applicant received benefits for the injury nearly a year earlier.

In Kimber v. City of Los Angeles, 2017 Cal. Wrk. Comp. P.D. LEXIS 387, the WCAB held that a police officer's death from bronchiotracheopneumonitis was not covered by the presumption of industrial causation applicable to pneumonia under LC 3212. 

In Mueller v. Oakland Unified School District, 2017 Cal. Wrk. Comp. P.D. LEXIS 391, the WCAB held that a teacher's psychiatric injury was not barred by LC 3208.3(d), even though she was employed for fewer than six months, because the injury was caused by a "sudden and extraordinary employment condition" in the form of a physical assault by a high school student.

In Minarik v. Del Taco, 2017 Cal. Wrk. Comp. P.D. LEXIS 390, the WCAB held that an applicant's automobile accident while returning from a medical examination by an AME was a compensable consequence of her accepted 2012 injury to her back. 

 

CHAPTER 9: TEMPORARY DISABILITY

In Zakaryan v. Glendale Community College, 2017 Cal. Wrk. Comp. P.D. LEXIS 403, the WCAB found that a defendant and its adjusting agent unreasonably and in bad faith failed to pay compensation due the applicant under an award. 

 

CHAPTER 10: PERMANENT DISABILITY

In Southwell v. County of San Diego, 2017 Cal. Wrk. Comp. P.D. LEXIS 397, the WCAB held that an applicant was entitled to an award of permanent total disability based on the opinion of a vocational expert even though the applicant retired from his employment prior to onset of industrially related symptoms.

 

CHAPTER 14: DISCOVERY AND SETTLEMENT

In Go v. Sutter Solano Medical Center, 2017 Cal. Wrk. Comp. P.D. LEXIS 412, the WCAB held that an employee is entitled to indemnity for temporary and permanent disability resulting from reasonable medical treatment of an industrial injury self-procured under LC 4605. 

 

CHAPTER 15: PRETRIAL LITIGATION

In Rodriguez v. Garden Plating Co. (2017) ADJ8588344, the WCAB issued an en banc decision consolidating more than 1,200 nearly identical petitions for reconsideration, all seeking relief from the DWC's action dismissing their liens for allegedly failing to timely file declarations required by LC 4903.05(c) by July 1, 2017.

 

CHAPTER 16: TRIAL AND APPEAL

In Oranje v. Crestwood Behavior Health, 2017 Cal. Wrk. Comp. P.D. LEXIS 392, the WCAB affirmed a WCJ's order allowing an applicant, who had moved to Nevada, to testify remotely through video conferencing software called Lifesize, when the applicant presented a report from her treating physician detailing the reasons she should be excused from traveling to testify in person. 

In Viray v. Pacific Gas & Electric, 2017 Cal. Wrk. Comp. P.D. LEXIS 400, the WCAB rescinded a WCJ's award of 75 percent disability after apportionment that was based on the "range of evidence" between the opinion a psychiatric AME and an orthopedic QME. 

In Sanchez v. Unilever, 2017 Cal. Wrk. Comp. P.D. LEXIS 395, the WCAB held that a defendant's stipulation to employment during an alleged cumulative trauma period was invalid because it had no authority to stipulate on behalf of another employer. 

 

Topics: Case Law Updates

Case Law Updates for October 2017

Posted by Michael W. Sullivan on Oct 18, 2017 10:30:00 AM

To keep Sullivan on Comp up to date on a monthly basis, our team dives into each panel decision and new laws to include an explanation of how each case fits within the workers' compensation scheme. Below is a sampling of this month's updates. Complete discussions of these topics can be found on Sullivan on Comp.

CHAPTER 4: EMPLOYMENT

In McIntosh v. Military Department of the State of California, 2017 Cal. Wrk. Comp. P.D. LEXIS 371, the WCAB held that it did not have jurisdiction over an applicant's claim for a latent injury to her psyche arising out of a sexual assault that occurred while training with the California Army National Guard. 

 

CHAPTER 5: INJURY

In Bellissimo v. Cast & Crew Entertainment Services, Inc., 2017 Cal. Wrk. Comp. P.D. LEXIS 333, the WCAB upheld an arbitrator's decision that liability under LC 5500.5 should be apportioned pro rata between the two employers based on the days worked for each employer during the liability period. 

In Illinois Midwest Insurance Agency, LLC v. WCAB (Casarotti), 2017 Cal. Wrk. Comp. LEXIS 83 (writ denied), the WCAB held that an applicant sustained a compensable injury when she fell from a bar stool and struck her head on the floor at work as a result of a nonindustrial alcohol withdrawal seizure.

 

CHAPTER 6: STATUTES OF LIMITATIONS

In Albano v. Cal Amp Corp., 2017 Cal. Wrk. Comp. P.D. LEXIS 356, the WCAB held that the claim of three dependent children for death benefits was not barred by the statute of limitations under LC 5406, even though it was filed more than a year after the decedent employee's death. 

It explained that per Arndt v. WCAB (1976) 41 CCC 151 and Berkebile v. WCAB (1983) 48 CCC 438, it was incumbent on the defendant to produce evidence related to the date the dependents knew, or in the exercise of reasonable diligence, should have known that the cause of their mother's lung cancer and resulting death were industrially related.

 

CHAPTER 7: MEDICAL TREATMENT

In Morales v. Herrick Corp., 2017 Cal. Wrk. Comp. P.D. LEXIS 372, the WCAB held that a utilization review authorization for a single level epidural injection at C6-7 was not invalidated by a subsequent request and UR denial for a two-level epidural injection at the C5-C6 and C6-C7 levels. 

In Moss v. State of California Department of Corrections, 2017 Cal. Wrk. Comp. P.D. LEXIS 374, the WCAB held that LC 4610(g)(6),which generally provides that a utilization review decision remains in effect for 12 months unless there is a change in the applicant's condition, was inapplicable when the UR decision was not issued in response to a valid RFA or alternative form that could be accepted by the defendant under CCR 9792.9.1(c)(2)(B).

In Jimenez v. Rose Hill Co., 2017 Cal. Wrk. Comp. P.D. LEXIS 342, the WCAB concluded that a defendant's utilization review determination denying authorization for knee surgery was timely, and rejected the applicant's claim that the defendant's service of the UR determination was defective.

 

CHAPTER 9: TEMPORARY DISABILITY

In Pribyl v. Acosta Sales and Marketing, 2017 Cal. Wrk. Comp. P.D. LEXIS 350, the WCAB found that an applicant was not permanent and stationary and was entitled to temporary disability benefits when all of the doctors reported she could not return to work until diagnostic testing was completed, even though the tests were timely denied by utilization review and independent medical review. 

 

CHAPTER 10: PERMANENT DISABILITY

In Hill v. State of California Department of Transportation, 2017 Cal. Wrk. Comp. P.D. LEXIS 340, the WCAB granted removal of a WCJ's decision to deny a defendant's petition to compel disclosure because the defendant sought a disclosure carefully modeled on the language of LC 4663(d).

 

CHAPTER 11: RETURN TO WORK

In Jackson v. California Prison Industry Authority, 2017 Cal. Wrk. Comp. P.D. LEXIS 368, the WCAB held that a former state prison inmate was entitled to the voucher when the state of California could not make a bona fide offer of work because the applicant had been released from prison.

 

CHAPTER 14: DISCOVERY AND SETTLEMENT

In Vasquez v. SNCH, Inc., 2017 Cal. Wrk. Comp. P.D. LEXIS 354, the WCAB held that a QME did not violate LC 139.3 and CCR 41.5 when he referred the applicant to his wife for EMG testing within his own office. It found that the QME disclosed this fact in his report and the EMG services were billed as part of the QME evaluation costs. 

In Villanueva v. El Rosal Restaurant, 2017 Cal. Wrk. Comp. P.D. LEXIS 379, the WCAB rescinded a WCJ's order for a defendant to reissue a $20,000.50 settlement check to the applicant, who claimed that her check was fraudulently cashed by someone else.

 

CHAPTER 16: TRIAL AND APPEAL

In Lin v. Automobile Club of Southern California, 2017 Cal. Wrk. Comp. P.D. LEXIS 346, the WCAB concluded that a WCJ acted properly when he ordered discovery for the limited purpose of assessing the applicant's alleged unavailability to testify at trial after the start of trial. 

Topics: Case Law Updates