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Brown Derek

10/01/2022
industrial injury. Defendant argues that applicant is precluded from receiving any permanent disability compensation for his psyche injury under Labor Code section 4660.1 because his psyche injury arose as a compensable consequence of his physical injury. Defendant further contends that the WCJ erred in

Category: Panel

Supreme Court Denies Review to Three Cases

09/03/2010
The California Supreme Court denied petitions for review to three cases this week including an applicant's challenge to a panel decision stating that she did not suffer other injuries as a compensable consequence to a work injury. The state Supreme Court denied review to Kathy Kellermann's

Category: News

6th DCA Calls for Benson Apportionment in Unpublished Ruling

11/11/2011
under Benson v. WCAB." The judge based these conclusions upon the agreed medical evaluator's opinions. The AME was Dr. Joseph Izzo and he had testified that the second industrial injury was a compensable consequence of the first injury. The Workers' Compensation Appeals Board denied reconsideration

Category: News

Re: Coronavirus and Reasonable Transportation Costs (California)

03/06/2020
the employee gets in an accident Of course what if the EE contracts Covid-19 on the plane - the former injuries generally would be considered a compensable consequence absent unique circumstances. There was a case where the employee was in Arizona not at home when she traveled to the exam

Category: Forums

Ruling: Minor Causes Can Still be Important

10/13/2006
Although a minor cause may be less important or consequential than a major cause a minor cause can nonetheless be a fact of consequence the Oregon Court of Appeals said this week. In Mize v. Comcast Corp.AT&T Broadband No. A128708 10112006 Jerry Mize suffered a compensable injury to

Category: News

Worker's Claim for Additional PPD Benefits While Receiving Treatment Deemed Timely

11/24/2021
from one doctor to another had been reasonable and necessary. On July 12 2006 the ALJ issued an opinion finding that the insurance carrier for C&J had agreed to allow Cosner to see the referred doctor that Cosner had failed to prove that his ulnar nerve palsy was a compensable consequence of his

Category: News

PuccioSalvatore

08/01/2017
Appeals 14 Board found applicant sustained injury in the form of a stroke as a compensable consequence of his 15 admitted April 20 2012 industrial injury to his right wrist right hand and right ribs. 1 16 Defendant contests our Decision After Reconsideration contending that our finding is not 17

Category: Panel

Bill Would Allow Lien for Full Amount Paid by Health Plan

03/31/2011
the board determines a disputed injury is compensable. A fact sheet on the bill provided by Ken Cooley principal consultant for the California Senate Insurance Committee and a spokesman for Calderon on the bill says Labor Code Section 4903.1 provides a remedy by allowing health plans to seek

Category: News

CornejoGuillermo

10/01/2015
wherein it was found that applicant did not sustain a left 14 shoulder condition as a compensable consequence of any of the various admitted injuries to his right foot 15 back right thigh psyche right lower extremity and hands. During all relevant dates of injury applicant 16 was employed as a

Category: Panel

Cancer Presumption Bill Clears Legislature, on Gov.'s Desk

03/24/2016
Committee creates a rebuttable presumption that if a firefighter contracts mesothelioma leukemia multiple myeloma non-Hodgkin's lymphoma or cancers of the brain bladder kidney testicles esophagus or breast the disease is a compensable consequence of employment. "Under current law the burden of

Category: News

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