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Cases pending on appellate grants

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Cases pending on appellate grants

Kwok, N. B268231 ADJ8464986 Writ issued 2/5/2016

-- Whether the Board correctly concluded that the claim of an injured employee, who is in a vegetative state due to a restaurant accident that occurred in 2005, is not barred by the Statute of Limitations or by laches where the claim was not served upon the employer’s insurer until 2012, and whether the case should be remanded to an arbitrator (through the WCAB) to determine under Labor Code section 5275(a) whether there is coverage by the employer’s insurer and whether laches relieves the insurer of liability.

Zuniga, S. A143290 ADJ2563341 Writ issued 2/3/2016

-- Whether the Board correctly concluded that Labor Code 4610.6(f), which provides in part that “the independent medical review organization shall keep the names of the reviewers confidential in all communications with entities or individuals outside the independent medical review organization,” does not deny due process to an injured employee who seeks to obtain medical treatment under Labor Code 4600.

Dreher, M. A146538 ADJ7050835 Writ issued 12/10/2015

-- Whether the Board correctly found that a claimed psychiatric injury resulting from a slip-and-fall injury sustained by an applicant who was employed by his employer for less than six months is not barred by Labor Code section 3208.3(d)’s provision that no compensation shall be paid for a psychiatric injury related to a claim against an employer unless the employee has been employed by that employer for at least six month, unless the psychiatric injury is caused by a sudden and extraordinary employment condition.

Rodas, C. B266633 ADJ8899793 Writ issued 11/12/2015

-- Whether the Board correctly found that the death of a dishwasher who had a history of tuberculosis and was found dead from pulmonary hemorrhaging near a trash can and dumpster in his employer-restaurant’s parking lot, did not arise out of and occur in the course of employment.

Lopez, R. S227995
B263869
ADJ7167333 Supreme Court granted, transferred to
Court of Appeal 9/30/15, writ issued 10/28/15

-- -- Whether the Board erred in concluding that the California Insurance Guarantee Association is bound by a pre-liquidation stipulation between its bankrupt insurer and a solvent insurer re: contribution.

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.

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.

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.

February 2016