home > resources > new case briefs

New Case Briefs

Archive

MENDOZA V. HUNTINGTON HOSPITAL (2010 - WCAB EN BANC) 75 CCC ____, 38 CWCR ____ 2010-06-29©
Provided by Marlin A. Holmoe from the San Jose Office
The WCAB en banc held that a defendant may obtain a QME Panel after previously denying the claim within the 90 days to decide the issue of compensability. The WCAB held that AD Rule 30 was flawed and interpreted as inconsistent with applicable sections of the Labor Code. This case affords the right to defendant to request a panel at any time to assist in resolving the issue of compensability.
Click here for Full Text (requires Adobe Reader)

BLACKLEDGE V. BANK OF AMERICA (JUNE 3, 2010, WCAB EN BANC) 75 CCC ____, 38 CWCR ____ 2010-06-29©
Provided by Anastasia Wright from the San Jose Office
The Board unanimously clarified the respective roles of the evaluating physician, the workers’ compensation administrative law judge (WCJ), and the disability evaluation specialist (rater) in determining whole person impairment (WPI) under the AMA Guides, with 6 specific holdings.
Click here for Full Text (requires Adobe Reader)

TRUEGREEN LANDCARE V. WCAB (GOMEZ)(2010)-WRIT DENIED 75 CCC 385 2010-06-04©
Provided by Masako A. Ota from the Stockton Office
Denying a petition for reconsideration, the WCAB held that applicant’s psychiatric injury was compensable under Labor Code Section 3208.3 since separate work events combined to create a predominant psyche injury. This case is to be distinguished from Sonoma State University v. Hunton (71 Cal. Comp. Cas 1059) in which the Court of Appeal annulled a decision by the WCAB to award psychiatric benefits for a “compensable portion” of applicant’s psyche injury.
Click here for Full Text (requires Adobe Reader)

ALVAREZ V. WCAB (2010) (COURT OF APPEALS) 18 Cal App 4th 860 2010-06-04©
Provided by Christopher Philippides from the Stockton Office
In an Appellate Court case certified for publication, the 2nd District has concluded that an ex parte communication with a Panel QME, even involving administrative rather than substantive matters, is an expressly prohibited ex parte communication pursuant to Labor Code Section 4062.3(f) entitling the opposing party to request a replacement Panel QME.
Click here for Full Text (requires Adobe Reader)

GELSON’S MARKET V. WCAB (2009 - COURT OF APPEAL) 74 CCC 1313, 37 CWCR 275 2010-02-26©
Provided by Kay E. Tuazon from the Oakland Office
The Court of Appeal opined that the applicant made no showing that he was treated differently than other employees who were not injured or who did not make a claim, as was required by the Supreme Court in Department of Rehabilitation v. WCAB (Lauher) (2003) 68 CCC 831 to prove a claim of discrimination under LC 132a.
Click here for Full Text (requires Adobe Reader)

BRAMBILA V. VONS, INC. (2010) Decision After Reconsideration, ADJ724329 2010-02-26©
Provided by Suzanne M. Aboujudom from the Oakland Office
In a Decision after Reconsideration, the WCAB affirmed the WCJ’s determination that the defendant was not liable for medications dispensed outside of the PBN. This decision provides some clarification in an area where there is little guidance on the issue of Pharmacy Benefit Networks. It also highlights the significance of issuing appropriate notices to avoid additional payments to non-PBN pharmacies.
Click here for Full Text (requires Adobe Reader)

MARCHESE V. THE HOME DEPOT, (SEPT. 14, 2009) DECISION AFTER RECONSIDERATION 37 CWCR 282 2010-02-05©
Provided by Alex R. Merriam from the Fresno Office
Faultily executed Compromise and Release may be later set aside and case reopened.
Click here for Full Text (requires Adobe Reader)

CERVANTES V. EL AGUILA FOOD PRODUCTS, INC., SAFECO INSURANCE CO. OF ILLINOIS, SUPERIOR NATIONAL INSURANCE CO., IN LIQUIDATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (2009) WCAB En Banc 37 CWCR 276 2010-02-05©
Provided by Maurice E. Harrison from the Fresno Office
Defendant will lose right to second opinion of spinal surgery request if it fails to complete Utilization Review and initiate 4062(b)process within 10 days of request.
Click here for Full Text (requires Adobe Reader)

Archive



Back to top