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Cases pending on appellate grants

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Cases pending on appellate grants 2014

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.”

Powell, P. A141429 ADJ8710988 Writ issued 10/15/2014

-- Whether the Board, in rating permanent disability for upper extremities injury of a manager who used extensive computer keyboarding to carry out his managerial tasks, properly rejected the “dual occupation doctrine” and found him to be within occupational group 212 (mostly professional occupations) and not 112 (mostly clerical occupations).

Kang, A. B255839 ADJ7750590 Writ issued 7/22/2014

-- Whether the Board properly relied upon the allegedly incomplete medical reports of a rheumatologist and a psychologist to find that applicant, who sustained an orthopedic industrial injury, also sustained industrial injury in the form of sleep disorder and to his psyche.

Schultz, C. B255678 ADJ7582920 Writ issued 7/16/2014

-- Whether the Board properly found that the injuries of a technical drafter, sustained in a rollover accident while driving his personal car to work for a private employer at Edwards Air Force Base, were barred from compensation by the going and coming rule (i.e., not w/in course of employment) absent the “vehicle required at work” or other exception to the rule.

Jones, E. A141793 ADJ7076922 Writ issued 6/26/2014

-- Whether the Board, in a series of decisions issued December 13, 2012, January 13, 2014 and April 4, 2014, properly made a final order awarding attorney’s fees to applicant under Labor Code section 4064(c), given the statute’s amendment by Senate Bill 863 effective January 1, 2013.

Von Ritzhoff, K. B254082 ADJ4599548, ADJ1414058 Writ issued 6/18/2014

-- Whether the Board denied defendant due process in issuing a permanent total disability award in favor of a self-represented applicant who allegedly abused discovery, coerced medical examiners, and avoided cross-examination at trial.

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.

Magana, S. D065072 ADJ2806916 Writ issued 3/28/2014

-- In consolidated cases involving injuries and surgeries incurred before 2004, did the Board properly find that Elite Surgical Center, an Ambulatory Surgical Center (ASC), is entitled to facility fees halfway between the 2004 Official Medical Fee Schedule (OMFS) for ASCs and the inpatient OMFS for hospitals in effect from April 13, 2001 through December 31, 2003?

Clark, B. S215637 ADJ7324566 Supreme Court granted review 3/19/2014

-- Whether the Court of Appeal (D063945) properly reversed the Board’s finding that a carpenter’s unintentional death by overdose, partly due to industrially-prescribed medications, arose out of the carpenter’s admitted physical injury.