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Cases pending on appellate grants

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Cases pending on appellate grants 2014

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.

Garcia, M. B242245 ADJ7781989 Writ issued 4/1/2014

-- Whether the Board properly excluded the medical reports of the injured employee’s non-Medical Provider Network (MPN) physicians and found she sustained 2% permanent disability, based solely on the MPN physician’s permanent and stationary report.

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].

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.