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Cases pending on appellate grants

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Cases pending on appellate grants 2014

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.

Benavides, L. B251487 ADJ4322447 Writ issued 1/17/2014

-- Whether the Board properly denied injured worker’s petition to reopen/new and further disability because he should have known about a completed medical test that supported increased disability before he entered into the original Stipulated Award.

Cases pending on appellate grants 2013

Young, D C075047 ADJ8321113 Writ issued 12/12/2013

-- Whether the Board properly found that the left knee injury of a correctional sergeant, injured at home performing jumping jacks, did not arise out of his employment per Lab. Code, § 3600(a)(9) and Ezzy v. Workers' Comp. Appeals Bd. (1983) 146 Cal.App.3d 252 [48 Cal.Comp.Cases 611].

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.

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.

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.