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Workers' Compensation Appeals Board (WCAB)

Cases pending on appellate grants

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Cases pending on appellate grants

Thompson, G. C078345 ADJ7807167 Writ issued 4/2/2015

-- -- Whether the Board properly declined to address the CalPERS special death benefit of a deceased correctional officer’s widow where the issue was raised during the course of proceedings but not in the minutes of trial.

Batten, M. B260916 ADJ3781289 Writ issued 3/27/2015

-- Whether the Board properly rescinded a permanent disability award that had been based on the report of a physician retained by applicant’s attorney as a “private medical consultant,” which report the Board found inadmissible pursuant to Labor Code section 4064(d).

Dahl, D. A141046 ADJ1310387 Writ issued 1/8/2015

-- Whether the Board properly relied upon the opinion of a vocational expert retained by the injured employee to award 79% permanent disability for her neck and right shoulder injury, concluding that the opinion was substantial evidence to rebut the Diminished Future Earning Capacity component of the 2005 Schedule for Rating Permanent Disabilities.

Aleskerova, N. B259627 ADJ3048900 Writ issued 12/31/2014

-- Whether the Board properly disallowed the medical treatment lien of a psychologist for failure to prove the employee, who settled her disputed claim for a lump sum, sustained injury to her psyche arising out of and occurring in the course of employment.

Gannon, C. C077512 ADJ3296187 Writ issued 12/18/2014

-- Whether the Board properly issued an award of 100% permanent disability based on the rating factor, derived from orthopedic AME’s opinion, that the employee’s injuries left her limited to working from inside the home.

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.”

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.

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.

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.