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Workers' Compensation Appeals Board (WCAB)

Cases pending on appellate grants

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Cases pending on appellate grants

Southard, S. C079912 ADJ218782 Writ issued 10/2/2015

-- Whether the Board correctly concluded that the time periods in Labor Code section 4610.6(d) are mandatory, and that if an IMR determination is not timely issued, the treatment dispute is not covered by Labor Code section 4610.5 and may be determined by the WCAB under Labor Code section 4604.

Tavares, A. H042244 ADJ8247302 Writ issued 9/14/2015

-- Whether the Board correctly found that an employee’s fatal heart attack, sustained in a restroom after he complained of chest pains while washing his tractor-trailer truck and before he was to be taken by his foreman for medical help, arose out of and occurred in the course of employment.

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.

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.

October 2015