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Seminar Archives

Court of Appeal Upholds Arbitrator’s Decision that Subsequent Employer is Not Liable for Contribution when “Injurious Exposure” Occurred During Prior Period of Employment

(2018) 20 Cal.App.5th 881

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Applicant Entitled to Additional QME to Evaluate New Cumulative Trauma Indentified During Medical-Legal Evaluation for Specific Injury

Applicant, a Deputy Sheriff for the County of Orange, alleged a specific injury to his left knee and right foot occurring on November 14, 2013. He was evaluated for the injury by a Panel QME. In his report, the QME stated that the applicant sustained not only a specific injury, but also a cumulative trauma involving the same body parts.

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Applicant’s Petition to Reopen Denied because Claimed Injuries Were Not New

Applicant sustained injury to his left knee on May 9, 2008. The case settled by Stipulations with Request for Award on October 12, 2012. On March 14, 2013, applicant filed a Petition to Reopen for New and Further Injury, including injury to the psyche and hypertension as compensable consequences of the knee injury.

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Herpes/Epstein-Barr Virus is a “Blood-Borne Disease” Covered by Labor Code Section 3212.8

Applicant worked as a correctional Officer for the State of California Department of Corrections and Rehabilitation. He alleged numerous injuries including injury to the heart, atrial fibrillation, chronic fatigue, herpes, and Epstein-Barr virus. All of the claims except for the heart were denied.

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Applicant’s Ingestion of Marijuana-Laced Food Results in Psychiatric Injury

On April 20, 2016, applicant suffered food poisoning and was hospitalized when he ate a piece of marijuana-laced cheesecake given to him by a co-worker. Applicant claimed injury to the psyche as a result of the incident.

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Circumstantial Evidence Sufficient to Support a Finding of Industrial Injury

This claim for worker’s compensation death benefits was brought by the widow of a farm laborer. The applicant alleged that while working for defendant as a peach picker, decedent suffered a spider bite which became infected. The infection spread, resulting in organ failure and death.

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Taking Responsibility

In evaluating workers’ compensation claims, we sometimes have to deal with the question of who of multiple employers or carriers is responsible for compensating an injured worker for an injury.  In this edition of the Bulletin, we draw your attention to two recent Court of Appeal decisions where the court had to deal with this

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