Cases pending on appellate grants

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Cases pending on appellate grants

Wiggs, M. B293080 ADJ2798585, ADJ2723676 Writ issued 12/3/18

-- In a case involving admitted 1990s injuries resulting in the need for further medical treatment, whether the Board erred in ordering defendant to serve a nurse case manager with certain medical reports and in ordering the nurse case manager to evaluate applicant and report on the need, frequency and duration of home health care, based on the parties’ 2012 stipulation to use a nurse case manager to evaluate applicant’s health care needs, and not based on Utilization Review and Independent Medical Review.

Rodriguez, J. H045698 ADJ10830482 Writ issued 10/16/2018

-- Whether the Board erred in concluding that a petition for industrial disability retirement and a petition for finding of fact, filed by a police officer who sustained a work injury in a cumulative trauma ending in 2007, are barred by the statute of limitations, though the officer’s disability was found to be industrial in nature under Govt. Code section 21166.

Lindh, A. A153811 ADJ10032593 Writ issued 5/10/2018; published DCA decision issued 12/10/18;
Board awaiting remittitur pending finality of DCA’s decision.

-- First DCA (Div. 1) found the Board erred in rejecting non-industrial apportionment of permanent disability caused by an industrial injury to applicant’s left eye, where he had preexisting, non-industrial conditions of hyperreactive personality and systemic hypertension/vasospasm that were asymptomatic but made him susceptible to blindness upon injury.

Fitzpatrick, D. C085850 ADJ8815575 Writ issued 12/15/17; published DCA decision issued 9/25/18;
depublication request filed with Cal. Supreme Court 10/26/18, time to
order review on Cal. Supreme Court’s own motion extended to
1/23/19, case # S252184.

-- Third DCA found Board erred in determining that a cumulative trauma injury to a correctional officer’s heart and psyche resulted in permanent and total disability, “in accordance with the fact” under Labor Code section 4662, subd. (b).

Alberdin, E. C084029 ADJ2452007 Writ issued 4/27/2017

-- Whether the Board erred in rescinding the WCJ’s summary dismissal of hundreds of consolidated lien claims, for nonpayment of the lien activation fee, and in returning the lien claims to the trial level to provide the claimants an opportunity to pay the lien activation fee.

December 2018