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Workers' Compensation Appeals Board (WCAB) - Cases pending on appellate grants

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Hart, T 1-5- A121208 SFO 502386 writ issued 9/30/08

-- Whether the applicant, a police officer, was properly awarded TD benefits following her termination for misconduct..

Goodin, B 4-2- E04617 SBR 313572/73/74 writ issued 9/3/08

-- Alleged error in failing to apportion 60% of the applicant’s 100% PD award to non-industrial causes pursuant to Labor Code section 4663 and Escobedo.

Johnson, A 2-1-B204479 MON 0180296, etc. review granted 7/29/08

-- Jurisdiction to award new and further disability; PD/apportionment; alleged misapplication of Vargas (2006) 71 CCC 500 (en banc).

Zachary, T 2-5 B205025 LAO 0779193 review granted 7/16/08

-- Following Ct of Appeal’s summary denial, CA Supreme Ct granted CIGA’s petition for review (S164080) and transferred matter back to Ct of Appeal re issue of whether “other insurance” per Ins. Code §§ 1063.1(d) and 1063.1(c)(9) should have been found re SCIF’s policy covering special employer.

Hansen, G F054600 FRE 0231902 writ issued 7/3/08

-- P&S date.

Benson, D 1-2- A120462 OAK 0297895/ OAK 0326228 writ issued 6/26/08

-- Whether the WCAB en banc properly determined that when SB 899 amended LC §§ 4663 and 4664(a) to require apportionment based on causation, these amendments largely abrogated the rule of Wilkinson v. WCAB (1977) 19 Cal.3d 491 [42 Cal.Comp.Cases 406], which provided for a combined PD award in successive injury cases where the disabilities became permanent and stationary at the same time.

Chaidez, L C058699 SAC 275704 writ issued 6/19/08

-- Alleged error in failing to award restitution re $69K award of attorney’s fees when the applicant’s stipulated PD award was reduced from 100% to 41%, or over $60K, after AME’s review of sub rosa films.

Aguilar, M H032438 SJO 226456 writ issued 5/7/08

-- PD/PD rating schedule.

Lewis , S C057392 SAC 341852 writ issued 3/19/08

-- Following Ct of Appeal’s summary denial, CA Supreme Ct granted applicant’s petition for review (S160237) and transferred matter back to Ct of Appeal re issue of whether 2005 PDRS was properly applied based on Vera.

Pugh, D 2-1-B201677 MON 037954 writ issued 2/20/08

-- Following Ct of Appeal’s summary denial, CA Supreme Ct granted applicant’s petition for review (S159999) and transferred matter back to Ct of Appeal re issue of whether WCAB properly reversed WCJ to find applicant’s claim barred by the statute of limitations.

Barron, S C057780 STK 193553 writ issued 2/14/08

-- Whether it was properly found that decedent’s death from a ruptured aneurism was industrial.

Madhaw, B C057199 SAC 341948 writ issued 1/7/08

-- Whether defendant was properly denied credit for PD advances ($5,278) re parties’ C&R.

Smith, D and Amar, D S150528 GRO 16225/ GOL 89438 review granted 4/18/07

-- The CA Supreme Court granted review (S150528) of the published decision issued by Division 6 of the 2nd Appellate District in these cases (B190054/B190655), which reversed the WCAB to award Labor Code section 4607 attorney's fees to applicant's counsel.