Cases pending on appellate grants

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Cases pending on appellate grants

Justice, B. H046562 ADJ9339549 Writ issued 11/18/2019

--  Whether the Board erred in rejecting non-industrial apportionment to applicant’s pre-existing, degenerative bilateral knee arthritis, where bilateral knee replacement surgery improved her ability to walk and engage in weight-bearing activities but resulted in higher permanent impairment compared with her pre-surgery condition; the Board cited Hikida v. Workers' Comp. Appeals Bd. (2017) 12 Cal.App.5th 1249 [82 Cal.Comp.Cases 679] in support of its decision.

Velazquez, M. C088882 ADJ10348591 Writ issued 5/17/2019

--  Whether the Board erred in determining that the liens of an interpreting service are not barred by section 9792.5.5 of the Rules of the Administrative Director of the Division of Workers’ Compensation; the Board concluded Labor Code sections 4603.2(b)(2) and 4603.6, pertaining to Independent Bill Review, do not apply because the interpreting services were not subject to a fee schedule, and section 9792.5.5 also does not apply because it addresses the process for disputing the amount of payment under a fee schedule.

Skelton, R. H046249 ADJ10307625, ADJ10307786 Writ issued 3/29/2019

--  Whether the Board erred in denying temporary disability indemnity for time lost from work by an injured employee to attend medical treatment appointments, where she returned to work after her industrial injuries but her medical condition resulting from those injuries had not become permanent and stationary.

Mustache, J. B292915 ADJ7964733 Writ issued 1/28/19

--  Whether the Board erred in disturbing an Arbitrator’s decision that California Insurance Guarantee Association (CIGA) is liable for the benefits of an applicant injured while working for a staffing company (purported general employer), insured by Ullico Casualty, now bankrupt and its “covered claims” adjusted by CIGA.  The injury happened at a client of the staffing company, a bakery (purported special employer) to whom Travelers Insurance Company provided a policy that attempted to exclude special employees from coverage.  The Board reversed the Arbitrator’s validation of the policy’s exclusion of special employees; the Board’s reversal transformed the policy into “other insurance,” potentially available to cover applicant’s worker’s compensation claim and relieve CIGA of liability under Insurance Code sections 1063 et seq.

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.

September 2019