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25 Results

MartinezHelen

01/01/2018
substantial evidence upon which the board may base 14 an apportionment finding". Even the opinion of an AME will not be followed if it is not legally 15 substantial. Rodriguez v. Workers' Comp. Appeals Bd. 1994 21 Cal.App.4th 1747 1758-1759 59 16 Cal.Comp.Cases 14 Court of Appeal rejected AME's

Category: Panel

Junge, Robert

08/01/2021
higher risk of suffering that impaired vision. Similarly in City of Jackson v. Workers Comp. Appeals. Bd. Rice 2017 11 Cal.App.5th 109 82 Cal.Comp.Cases 437 the court reversed a finding of no apportionment for an industrial neck injury where a QME apportioned to degenerative disc disease

Category: Panel

Doviak v. Lowe's Home Centers, et al.

12/18/2020
this litigation. A party is entitled to such an instruction if the opposing party has failed to call at trial a witness under its control who would be "'expected to provide noncumulative testimony'" in that party's favor on a material issue Zito v City of New York 49 AD3d 872 874 2008 quoting

Category: Cases

MorenoSuguey

02/01/2020
1175 83 Cal.Comp.Cases 1869 and City of Jackson v. Workers' Comp. 2l Appeals. Bd. Rice 2017 22 sustained a loss of vision in part due to an asymptomatic underlying condition vascular spasticity the 23 court held that apportionment to the asymptomatic underlying condition or risk factor is

Category: Panel

Rose Michael

02/01/2024
provide some basis for an award but not standing alone. Id. at 1239. The California Court of Appeal subsequently held The Board noted that section 4605 is contained in article 2 of chapter 2 of part 2 of division 4 of the Labor Code which is titled Medical and Hospital Treatment. Considering

Category: Panel

JensenKen

05/01/2018
by the injury arising out of and occurring in the course of employment." 15 In Brodie v. Workers' Comp. Appeals Bd. 2007 40 Cal.4th 1313 72 Cal.Comp.Cases 565 the 16 Supreme Court declared that sections 4663 and 4664a established a "new regime of apportionment 17 based on causation" 40

Category: Panel

Bacon v. DBI/SALA

12/18/2020
million representing the settlements with Kiewit and Ridgetop and 8718.89 in attorney fees and costs in obtaining the verdict. That verdict is the subject of the appeal in case No. S-11-541. ASSIGNMENTS OF ERROR Bacon asserts summarized and restated that the trial court erred in 1 granting the

Category: Cases

Quintanilla Mirna

04/01/2024
also Flores v. Cal. Dept. of Corrections and Rehab. 2014 224 Cal.App.4th 199 204 an appellant must do more than assert error and leave it to the appellate court to search the record to test his claim; City of Santa Maria v. Adam 2012 211 Cal.App.4th 266 287 rather than scour

Category: Panel

Vine vs. Bear Valley Ski Co.

12/17/2020
Nos. A099536 A099647. First Dist. Div. Three. May 11 2004. CHARLENE VINE Plaintiff and Respondent v. BEAR VALLEY SKI COMPANY Defendant and Appellant. Superior Court of the City and County of San Francisco No. 317766 Paul H. Alvarado Judge. Opinion by Parrilli J. with

Category: Cases

Pedro Mercedes EmployeeClaimant OJCC Case No 08013451CJ

06/01/2021
Court of Appeal held that the pretrial stipulations mere identification of the relevant body part involved in the accident is not property interpreted as waiver or abandonment of defenses that are otherwise timely asserted. Id. The facts of Noland were that the EmployerCarrier indicated the

Category: Panel

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