CALIFORNIA COMPENSATION CASES
Vol. 89, No. 7 July 2024
A Report of En Banc and Important Panel Selections of the WCAB and Chosen Court docket Opinions of Associated Curiosity, With a Digest of WCAB Selections Denied Judicial Evaluation
CONTENTS OF THIS ISSUE
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JUST CLICK ON THE CASE NAMES BELOW…
Appellate Court docket Circumstances Not Originating with Appeals Board
Chavez v. Alco Harvesting, LLC (2nd—B329282)
Exceptions to Unique Treatment Rule—Fraudulent Concealment—COVID-19 Outbreak—Court docket of Attraction, reversing trial courtroom’s judgment, remanded matter to trial courtroom with directions to enter new order overruling employer’s demurrer to plaintiff’s grievance alleging that her…
Lim (Thomas) v. City of Downey (2nd—B326822)
Honest Employment and Housing Act—Incapacity Discrimination—Court docket of Attraction, affirming trial courtroom’s grant of abstract judgment in favor of plaintiff’s former employer Metropolis of Downey (Metropolis), held that plaintiff who was terminated from his employment after struggling damage whereas on responsibility…
Federal Circuit Court docket Opinion of Associated Curiosity
Olson v. State of California (ninth Cir.—21-55757)
Employment Classification—Constitutionality of AB 5—Gig Staff—U.S. Court docket of Appeals, Ninth Circuit, affirming district courtroom’s orders dismissing plaintiffs’ state and federal Equal Safety claims and denying preliminary injunctive aid, held that AB 5’s differential therapy of…
Appeals Board En Banc Selections
Gonzalez (Guillermo) v. The Bicycle Casino (WCAB—ADJ12226694, ADJ12414651, ADJ12414992, ADJ12414993)
Sanctions—Unhealthy Religion Actions—WCAB, granting removing by itself movement, en banc, consolidated two instances and issued separate notices of intention to impose prices and sanctions of as much as $5,000.00 every towards…
Hidalgo (Abel) v. Roman Catholic Archbishop (WCAB—ADJ13332737, ADJ15218980, ADJ12640295)
Sanctions—Unhealthy Religion Actions—WCAB, granting removing by itself movement, en banc, consolidated three instances and issued separate notices of intention to impose prices and sanctions of as much as $7,500.00 every towards legal professional Susan Garrett and listening to consultant Lance Garrett pursuant…
Vigil (Sammy) v. County of Kern (WCAB—ADJ11201607 (MF),ADJ11201608)
Everlasting Incapacity—Ranking—Combining A number of Disabilities—WCAB, granting reconsideration, rescinded resolution wherein WCJ discovered that accidents sustained by applicant to his hips and again whereas working as upkeep painter on 12/7/2017 and through cumulative interval ending…
Digests of WCAB Selections Denied Judicial Evaluation
The Cincinnati Reds, LLC v. W.C.A.B. (Fonceca, Chad) (4th—G064089)
WCAB Jurisdiction—Private Jurisdiction—Skilled Athletes—WCAB, denying reconsideration, affirmed WCJ’s resolution that WCAB had private jurisdiction over Cincinnati Reds (Reds) in reference to…
Hagen v. W.C.A.B. (Anguiano, Juan) (2nd—B334001)
Subsequent Accidents Advantages Belief Fund—Threshold Necessities—WCAB, after granting reconsideration, held that pursuant to holdings in Bookout v. W.C.A.B. (1976) 62 Cal. App. 3d 214, 132 Cal. Rptr. 864, 41 Cal. Comp. Circumstances 595, and Todd v. Subsequent Accidents Advantages Belief Fund (2020) 85 Cal. Comp. Circumstances 576 (Appeals Board en banc opinion), everlasting incapacity attributable to applicant’s subsequent damage for…
Jacuzzi Whirlpool Bath v. W.C.A.B. (Sanchez, Amado) (2nd—B334973)
Cumulative Trauma—Statute of Limitations—Collateral Estoppel—WCAB, denying reconsideration, affirmed WCJ’s discovering that applicant’s declare for cumulative damage to a number of physique elements whereas employed as electrical mechanic, was not barred by doctrine of collateral estoppel…
Wilson (Ronald) v. W.C.A.B. (fifth—F086462)
Petitions for Reconsideration—Newly Found Proof—Mistake or Excusable Neglect—WCAB granted reconsideration and, consistent with substantial justice, handled applicant’s Petition to Reopen WCJ’s award of 36 …p.c everlasting incapacity for applicant’s 5/7/2013 again damage as…
Different WCAB Selections Denied Judicial Evaluation
Acevedo (Rodrigo) v. W.C.A.B. (4th—E083385)
Legal professional’s Charges—Commutation of Price—WCAB, denying reconsideration, affirmed WCJ’s dedication that assumed State Common Weekly Wage (SAWW) charge of three p.c was affordable for functions of calculating…
Cedars-Sinai Medical Center v. W.C.A.B. (Young, Karen) (2nd—B335053)
Psychiatric Damage—Burden of Proof—Predominant Trigger Commonplace—WCAB, denying reconsideration, affirmed WCJ’s discovering that applicant sustained industrial psychiatric damage throughout cumulative interval ending on 6/23/2020, whereas employed as medical assistant, when WCAB discovered…
Unbiased Medical Evaluation Selections
CM22-0163094 (1-3-2023)
Sturdy Medical Gear—Hitch Mounted Scooter Service Rack—Applicant, 68 years previous, suffered an industrial damage on 1/18/2019 and was placed on modified responsibility.…[LexisNexis Commentary: This IMR decision illustrates a situation in which evidence-based medical treatment guidelines and peer-reviewed studies need not be cited, because applicant was already provided with an electric mobility scooter and it is obvious that he would need to take the scooter outside of his home.]
CM23-0081775 (7-14-2023)
Ergonomic Adjustable Desk and Work Chair—Applicant, 36 years previous, suffered an industrial damage on 4/29/2021 and was present process therapy for left shoulder ache, bilateral wrist ache, left elbow ache, bilateral hand ache, myalgia, left elbow lateral epicondyle, low again ache, lumbar area… [LexisNexis Commentary: Not only was the ergonomic desk and chair medically necessary for applicant in this case, but the employer was legally required to provide these accommodations. Also, as applicable here, the ergonomic intervention was supported by the 2023 MTUS/ACOEM Shoulder Disorder guidelines and the 2023 MTUS/ACOEM Hand, Wrist, and Forearm Disorders guidelines, although, surprisingly, it is not addressed in the 2018 Cervical and Thoracic Spine Disorders guidelines or the 2020 Low Back Disorders guidelines.]
CM23-0094439 (8-7-2023)
Private Assistants—Amputations—Applicant, 52 years previous, suffered an industrial damage on 5/12/2022. His accidents included a whole traumatic amputation of his proper arm and shoulder, complications, main despair, and PTSD. On 5/1/2023, applicant’s medical supplier requested… [LexisNexis Commentary: The IMR reviewer correctly notes that the MTUS recommends home health care services to overcome deficits in ADLs. That term of art, as it is defined under the AMA Guides to the Evaluation of Permanent Impairment, Fifth Edition, excludes work. However, for purposes of either the AMA Guides or the MTUS, ADLs should not exclude anything normally done in the home. Feeding and caring for pets is akin to other kinds of housework, for which assistance can be part of reasonable and necessary medical care. Although an itemization of all the tasks with which applicant requires assistance, including those that his wife must perform due to applicant’s injury, may be helpful in determining the level of assistance needed, the documentation provided in this case did not make clear why such itemization was required.]
CM23-0094484 (8-10-2023)
TV Bluetooth System—Listening to Loss—Applicant, 56 years previous, suffered an industrial damage on 3/22/97. In line with applicant, he developed traumatic listening to loss and tinnitus after having been uncovered to gunfire… [LexisNexis Commentary: Although applicant in this case did not sustain a traumatic brain injury, the IMR reviewer applied the MTUS/ACOEM guidelines for traumatic brain injuries to applicant’s hearing loss. Interestingly, the statement provided in these guidelines about hearing aids is preceded by an indication that this section of the MTUS/ACOEM pertains to “reduced hearing or tinnitus, especially but not solely if the mechanism of injury was a blast.”]
CM23-0173252 (1-19-2024)
Orthopedic Beds—Again Ache—Applicant, 71 years previous, suffered an industrial damage on 5/1/2000, and was present process therapy for lumbar radiculopathy, post-laminectomy syndrome following surgical procedure and… [LexisNexis Commentary: This IMR is useful in that it discusses the MTUS/ACOEM guidelines applicable to sleeping surfaces
for patients with chronic back pain. According to the guidelines, there is no medical basis for a physician to prescribe any particular bed for the prevention or treatment of chronic pain, and the patient must choose a bed based on personal comfort. However, physicians should note that in cases where there is sufficient pain to interfere with sleep, recommendations by the provider for the patient to explore the effect of different surfaces in the home is appropriate.]
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