Cases pending on appellate grants

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Cases pending on appellate grants

Lindh, A. A153811 ADJ10032593 Writ issued 5/10/2018

-- Whether the Board erred in not finding apportionment of permanent disability resulting from applicant’s left eye injury, based on preexisting, non-industrial conditions of hyperreactive type personality and systemic hypertension/vasospasm, because those conditions were mere risk factors for causation of the left eye injury rather than causation of permanent disability.

Fitzpatrick, D. C085850 ADJ8815575 Writ issued 12/15/2017

-- Whether the Board erred in finding 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).

 

Tripplett, L. G054825 ADJ6943108 Writ issued 9/28/2017; Decision issued 6/28/18 (published 7/24/18); applicant’s Petition for Review filed 8/1/18, Cal. Supreme Court # S250315

-- Whether the Board erred in denying WCAB jurisdiction over applicant pro footballer’s cumulative trauma claim (2002-2008) against the Indianapolis Colts, Seattle Seahawks and Buffalo Bills, and in denying applicant’s contentions that the Indianapolis Colts waived due process objections by actively litigating his case without timely objection; that applicant was hired in California; and that defendants’ contacts with California are more than de minimus.

Lamin, S. B282364 ADJ8815575 Writ issued, case remanded 7/7/2017; Remittitur issued 9/7/17; Board’s Decision After Remittitur pending.

-- Whether the Board erred in dismissing the lien of a medical treatment provider because the provider failed to timely file the declarations required by Labor Code section 4903.8, subd. (d).

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.

Davis, T. F074957 ADJ9468922
ADJ9467074
Writ issued 3/10/2017

-- Whether the Board erred in concluding that applicant’s self-procured medical report was not reviewable by the Panel Qualified Medical Evaluator.

August 2018