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.

February 2020