Cases pending on appellate grants
Cases pending on appellate grants
|Garcia, C.||F071157||ADJ9054986||Writ issued 8/18/2015|
-- Whether the Board properly affirmed an award of retroactive temporary disability indemnity based on a stipulated earnings rate alleged by applicant to be the result of mutual mistake.
|Macklin, D.||B262759||ADJ7993918||Writ issued 5/19/2015|
-- Whether the Board properly found the California WCAB has jurisdiction to apportion liability for the cumulative trauma injury of a professional basketball player to an out-of-state employer (New York Knicks) based on the player’s basketball activities in California while employed by the Knicks and other teams, including the Los Angeles Clippers and the Atlanta Hawks, notwithstanding Knicks’ claim that the player’s contact with California on behalf of the team was minimal.
|Ramirez, D.||C078440||ADJ6821103||Writ issued 5/13/2015|
-- Whether the Utilization Review (UR) and Independent Medical Review (IMR) process that resulted in denial of acupuncture treatments for a lower extremity injury under existing award violates the workers’ compensation provisions of the California Constitution (Art. XIV, § 4) and applicant’s right to due process under the California and U.S. Constitutions.
|Rice, C.||C078706||ADJ8701916||Writ issued 4/30/2015|
-- Whether the Board erred in rejecting the apportionment opinion of the panel Qualified Medical Evaluator, who found that 49% of the injured police officer’s neck disability was caused by genetic predisposition to degenerative disc disease, as demonstrated by his father’s medical history.
|Thompson, G.||C078345||ADJ7807167||Writ issued 4/2/2015|
-- Whether the Board properly declined to address the CalPERS special death benefit of a deceased correctional officer’s widow where the issue was raised during the course of proceedings but not in the minutes of trial.
|Batten, M.||B260916||ADJ3781289||Writ issued 3/27/2015|
-- Whether the Board properly rescinded a permanent disability award that had been based on the report of a physician retained by applicant’s attorney as a “private medical consultant,” which report the Board found inadmissible pursuant to Labor Code section 4064(d).
|Dahl, D.||A141046||ADJ1310387||Writ issued 1/8/2015|
-- Whether the Board properly relied upon the opinion of a vocational expert retained by the injured employee to award 79% permanent disability for her neck and right shoulder injury, concluding that the opinion was substantial evidence to rebut the Diminished Future Earning Capacity component of the 2005 Schedule for Rating Permanent Disabilities.
|Gannon, C.||C077512||ADJ3296187||Writ issued 12/18/2014|
-- Whether the Board properly issued an award of 100% permanent disability based on the rating factor, derived from orthopedic AME’s opinion, that the employee’s injuries left her limited to working from inside the home.
|Stevens, F.||A143043||ADJ1526353||Writ issued 12/3/2014|
-- Whether Independent Medical Review under Lab. Code §§ 4610.5 & 4610.6, as instituted by the Legislature through Senate Bill 863, violates the injured employee’s right to due process and the workers’ compensation and separation of powers clauses of the California Constitution.
|Lozano, W.||B258000||ADJ8073877||Writ issued 11/10/2014|
-- Whether the Board properly found that a firefighter who served a U.S. Department of Defense (“DOD”) installation from 2001-2007 and died of stomach cancer in 2007 is not entitled to Labor Code § 3212.1’s presumption that the cancer was industrial, in light of the statute’s 2008 amendment of subdivision (a)(2), effective January 1, 2009, to include “active firefighting members of a fire department that serves a [U.S. DOD] installation and who are certified by the [DOD] as meeting its standards for firefighters.”
|Larkin, J.||S216986||ADJ7191871||Supreme Court granted review 4/9/2014|
-- Whether the Court of Appeal (C065891) properly affirmed the Board’s decision that benefits provided under Labor Code section 4458.2 extend only to volunteer peace officers and not to regularly sworn, salaried peace officers.