Cases pending on appellate grants
Cases pending on appellate grants 2013
|Johnson, A||B249201||ADJ7224961||Writ issued 9/10/2013|
--Whether the Board properly found that it has jurisdiction over the cumulative trauma claim of a pro basketball player, employed by a Connecticut-based team, based on the player?s allegedly minimal playing time in California.
|Lade, D||C074133||ADJ8213231||Writ issued 8/23/2013|
--Whether the Board properly found that an industrially-injured deputy sheriff, who had worked an evening shift for years and was paid a 5% shift differential, was entitled to the differential as part of his Lab. Code 4850 benefits while working a day shift on light or modified duty.
|Clark, B||D063945||ADJ7324566||Writ issued 8/14/2013|
--Whether the Board properly found that a carpenter?s unintentional death by overdose, partly due to industrially-prescribed medications, arose out of the carpenter?s admitted physical injury.
|Lappi, S||G048217||ADJ3256213||Writ issued 8/1/2013|
-- Whether the WCAB may order an in camera review of documents to determine whether they are protected from discovery by the attorney-client privilege or the work product doctrine.
|Lantz, P||F065934||ADJ8004482||Review granted by S.C. 6/12/2013*|
--Whether the Board properly found that the death of a correctional officer, killed in a car accident at 6:20 AM during his 85-mile commute home after working a second shift at state correctional facility, did not occur in the course of employment.
*The Supreme Court granted widow?s petition for review (S209756) and directed 5th District Court of Appeal to vacate its summary denial of widow?s writ petition (F065934) and issue writ of review.
|Findlay, J||D063602||ADJ104698||Writ issued 6/5/2013|
--Whether the Board properly allowed the lien of an outpatient surgery center in the amount of $3,300.00, plus interest, for epidural injections performed in 2002.
|Mora, J||A138439||ADJ6781238||Writ issued 6/5/2013|
--Whether the Board properly found serious and willful misconduct by the general employer where, at the jobsite of the special employer, the injured worker cut himself on a table saw that did not have a guard on its blade.
|Cannon, A||C072944||ADJ7238353||Writ issued 3/15/2013|
--Whether the Board properly found 7% Whole Person Impairment for a police officer's left foot and heel injury, based on underlying plantar fasciitis and an analogy to impairment evidenced by limp under the AMA Guides, pursuant to Milpitas Unified School District v. Workers' Comp. Appeals Bd. (Guzman) (2010) 187 Cal.App.4th 808 [75 Cal.Comp.Cases 837].
Cases pending on appellate grants 2012
|Allen, T||C071912||ADJ3147570||Writ issued 11/1/12|
--Whether the employer violated Labor Code section 132a (discrimination) by failing to reinstate applicant after her termination for work absences allegedly related to her industrial injury.
|Valdez, E||S204387||ADJ7048296||SC granted review 10/10/12*|
-- Does Labor Code section 4616.6 exclude from evidence reports of a treating physician obtained by an applicant outside of his or her employer's Medical Provider Network?
*Originally the Board issued en banc decisions answering yes to the above question. Upon applicant's appeal, the Second District Court of Appeal (Div. 7, case no. B237147) reversed the Board in a decision published June 18, 2012. Defendant timely filed a petition for review. On October 10, 2012, the Supreme Court granted review (SC case no. S204387).
Cases pending on appellate grants 2010
|Larkin, J||C065891||ADJ7191871||Writ issued 10/15/10|
-- Alleged error in determining that Labor Code section 4458.2, which provides for maximum TD and PD for “an active peace officer of any department as described in Section 3362,” applied only to volunteer police officers and not regular, full-time salaried police officers, like petitioner.