Cases pending on appellate grants

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Cases pending on appellate grants 2013

--Whether, under the 2005 Permanent Disability Rating Schedule, the Board properly found the injured worker permanently and totally disabled from a cumulative trauma (CT) injury causing hearing loss, without apportionment to a prior Stipulated Award of 22% PD resulting from 1994 hearing loss, based on vocational expert’s opinion that the injured worker’s cochlear implants presently left him with total diminished future earning capacity.

--Whether, under the 2005 Permanent Disability Rating Schedule, the Board properly found the injured worker permanently and totally disabled from a cumulative trauma (CT) injury, without apportionment to a specific injury sustained within the CT period, based on Board-chosen rheumatologist’s opinion that, under the AMA Guides, the worker’s fibromyalgia left her with total diminished future earning capacity.

--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

--Whether the Board properly found that Premier, a lien collection agency, as well as the law firm that represented Premier, had the authority to dismiss with prejudice the liens of Universal, one of Premier’s clients, as part of a plea bargain in a criminal proceeding against Premier and two of its executives.

--Whether CIGA gets full contribution from State Farm as “other insurance,” notwithstanding 2002 stipulation by now-defunct co-insurers, pre-liquidation, that State Farm limited to 25%.

--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.

-- 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 2011

-- Whether the WCAB, in a 2-1 decision, properly affirmed the determination of the WCJ that defendant did not establish a good faith personnel action under Lab. Code § 3208.3(h) because only 33 1/3% (not 35%) of applicant’s psychiatric injury was caused by an internal affairs investigation.

Cases pending on appellate grants 2010

-- 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.