Category: Kahn’s Comments on the Law

In the case law summaries, the author has attempted to present an accurate summary of each case.  However, the summaries are dependent on the interpretation of the author, and cases are often subject to more than one interpretation. It is the responsibility of the reader to review the cases before citing them as authority since summaries may contain errors.  Never cite a case as authority unless the person citing the case has read the actual case and checked the subsequent case history, as cases are subject to being revised by the WCAB or the courts after publication of the case summary. Any reliance you place on the case law summaries is therefore strictly at your own risk.

“Telehealth” and Compensation

Telehealth Treatment Permitted for Applicant After Moving State

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A General Release in a Civil Settlement Does not Settle a Pending Compensation Claim

Compensation Claim cannot be Resolved Without Approval from the WCAB

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ADA and Request for Continuances

The WCAB has in held recent cases regarding an applicant’s claim for accommodation under the ADA that even if the accommodation affects defendant’s rights, such as if the applicant requests a continuance, the defendants are not allowed to take part in the interactive process and cannot have access to the medical information. In this published …

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Adding body part for first time at MSC

Solis v. Ameron International (BPD) (2014 Cal. Wrk. Comp. P.D. LEXIS 181):

The WCJ found that applicant was not barred from claiming psychiatric injury as a compensable consequence of earlier admitted injury to the head, neck and low back on September 26, 2007.

Defendant filed a petition for reconsideration.

The WCAB affirmed the WCJ decision.

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AME/QME Process

Ongoing Medical Treatment Pursuant to Labor Code §4050

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AOE-COE

State Comp. Ins. Fund v. Workers’ Comp. Appeals Bd. (Guzman) (Court of Appeal, Published) (83 CCC 185):

 

The Court of Appeal held that the applicant, Jose A. Guzman, failed to meet his burden of proving that his psychiatric injury was caused by a “sudden and extraordinary employment condition” under Labor Code §3208.3(d).

 

Guzman, …

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AOE-COE

Villacis v. County of Los Angeles Sheriff’s Department (BDP) (45 CWCR 95)  

Applicant was injured in a fall from a four-story building on August 6, 2014 sustaining injury to various body parts. The applicant claimed he had slipped, causing the fall. Defendant contended that applicant jumped off the roof in an apparent suicide attempt.

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AOE-COE

Torres v. Greenbrae (BPD) (45 CWCR 152):

 

The applicant was employed as a tree trimmer, fell from a tree, hit his head on the tree trunk and lost consciousness. The applicant was transported to hospital and diagnosed with a closed head injury, loss of consciousness, and a cervical strain.

The applicant complained of dizziness, …

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AOE-COE/correctional officer injured during exercise program

Young v. WCAB (Court of Appeal, published) (42 CWCR 133):

In this case, the applicant was a 64-year-old Butte County correctional Sgt. responsible for guarding inmates sustained injury to his left knee while doing jumping jacks at home. The applicant presented evidence at trial that his job required physical fitness and a formal departmental order …

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Applicant Challenging IMR Determination

In this case the applicant challenged the IMR determination based on arguments that the IMR determination was the result of plainly erroneous express findings of fact, biased and unconstitutional

The board held the applicant failed to meet his burden of proof. In dealing with the issue of applicant’s challenge based on a plainly erroneous …

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