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.

Catlin v. J.C. Penny (BPD) Espinzoa V. GFC holdings (BPD) (2017 Cal. Wrk. Comp. P.D. LEXIS (106):   The WCJ issued an order to attend a consultation re-examination regarding ongoing medical treatment with an Agreed Medical Evaluator, pursuant to Labor Code §4050. The WCAB rescinded the decision and found that ...
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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 ...
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Matlock v. Department of Transportation (BPD) (45 CWCR 4): Applicant sustained an industrial injury to his neck, low back, left shoulder and headaches in 2004 and to his right shoulder in 2005. The parties used an Agreed Medical Evaluator in Orthopedic Surgery who for the 2004 injury to applicant’s neck, ...
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Minarik v. Del Taco (BPD) (2017 Ca. Wrk. Comp. P.D. LEXIS 390) The applicant was injured in an automobile accident while returning home from a medical examination with the Agreed Medical Evaluator for an accepted injury to her back. The WCAB found the applicant’s injury did not occur as a ...
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Williams v. First Student (BPD) 45 CWCR 43 Applicant claimed a cumulative trauma injury while working as a school bus driver. The case was dismissed for lack of prosecution in January 2015. Prior to the dismissal, applicant’s attorney had issued subpoenas through lien claimant Med-Legal Photocopy from May through November ...
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Gravlin v. City of Vista (BPD) (2017 Cal. Wrk. Comp. P.d. LEXIS 413)   The Appeals Board affirmed the WCJ’s finding that applicant’s employment as a firefighter caused one single cumulative injury in the form of skin cancer and heart condition/hypertension, causing a combined permanent disability is 74%. The WCAB ...
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Guzman v. Abbot’s Pizza Co. (BPD) (45 CWCR 178):  Applicant alleged a specific injury into cumulative trauma injuries while working for Abbot’s Pizza Company. Insurance coverage was provided by Employer’s Compensation, Insurance Company of the West, and Security National Insurance. Applicant and Employer’s Compensation and Insurance Company of the West ...
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Volk v. Little Company (BPD) (44 CWCR 164: The applicant was evaluated by a psychiatric PQME. The applicant’s attorney requested an order compelling the deposition of the Qualified Medical Evaluator in the presence of the injured worker. Applicant argued an absolute right to be present in any deposition related to ...
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Antonio Vargas v. Darrell Becker; Becker Construction (BPD) (ADJ8647584) (LEXIS): The WCJ issued a Findings and Award on September 19, 2016 finding that on September 13, 2012 applicant sustained an injury arising out of and occurring in the course of his employment. The WCJ also found that applicant was in ...
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Powell v. Fatte’s Pizza (2016 Cal. Wrk. Comp. LEXIS P.D. 133) (BPD):   Defendant filed a petition to dismiss for lack of prosecution. Defendant filed a Declaration of Readiness to proceed on the issue of dismissal only. The matter proceeded to hearing before the Worker’s Compensation Judge who issued an ...
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Marinwood Community Services v. Workers’ Compensation Appeals Board (Romo) (Court of Appeal, published) 82 C.C.C. 317 Applicant was a volunteer firefighter for Marinwood from 1989 to 1991. Marinwood had a total of seven paid firefighters and 24 volunteer firefighters in its department. These volunteer positions were very competitive as they ...
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Val v. Southern California Edison (BPD) (83 CCC 584): The WCJ found that applicant sustained an injury arising out of and occurring in the course of his employment to his right shoulder, left knee, right knee, lumbar spine and right elbow but did not sustain a psychiatric injury. Applicant filed ...
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Madson v. Caraletto Ranches (BPD) (45 CWCR 65):   This case held that as follows:   The WCAB, citing the case of City of Los Angeles vs. WCAB (81 CCC 611) (W/D), the panel stated that the Code Section does not preclude increased impairment ratings when the psyche injury arises ...
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Santa Clara Valley Transportation Authority v. WCAB (W/D) (81 CCC 382): Applicant sustained an admitted injury to his low back. EDD paid applicant disability payments at the rate of $568 covering the period from March 20, 2014 through May 28, 2014, for a total $2300. Defendants also paid temporary disability ...
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Lopez v. City of San Francisco (BPD) (44 CWC 140): Applicant, a police officer, sustained an admitted industrial injury to his low back. The defendants primary treating physician requested defendant authorize a consultation with a spinal surgeon. The consulting physician, in a detailed report, indicated the applicant needed surgery and ...
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Ramirez v. WCAB (Court of Appeal Published) (82 CCC 327): Daniel Ramirez sustained an injury to his lower ankle in the course of his employment for the State Department of Health Care Services.  Ramirez settled this case by way of Stipulations with Request for Award which provided for future medical ...
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Sutter Solano Medical Center v. WCAB (Go) (W/D) (83 CCC 381): Applicant suffered an admitted industrial injury to her neck. One of applicant’s treating physicians submitted an RFA for cervical spine surgery on May 7, 2015.  Utilization review denied the spine surgery and it was upheld by IMR. Applicant was ...
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Tuesdell v. Vons Grocery (BPD) (45 CWCR 67): The WCJ found the applicant permanent and totally disabled as a result of the cumulative trauma injury based on the report of the Agreed Medical Evaluator.  The WCJ found medical evidence sufficient to award permanent total disability pursuant to Labor Code §4662(b) ...
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Abea v. Parco Inc. (BPD) (2017 Cal. Wrk. Comp. P.D. LEXIS 302) The WCJ set the matter for trial over defendant’s objection. Defendant objected to the matter been set for trial because they had not completed discovery. The WCJ ruled that the matter was ready for trial because the defendant ...
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Kessler v. E & J Gallo Winery (BPD) (46 CWCR 61): Applicant suffered a specific back injury in July 7, 2011. The applicant entered into Stipulations with Request for Award on August 9, 2013 for the specific back injury, which also mentioned the psyche injury.  However, all the disability was ...
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Sanchez v. Grapevine Catering (BPD) (2016 Cal. Wrk. Comp. P.D. LEXIS 136) The defendant issued a delay letter. The applicant requested a panel QME pursuant to Labor Code § 4060 within the 90-day investigation. Pursuant to Labor Code § 5402 (b). The defendants objected to the panel. The WCAB concluded ...
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Enstar (US) v. Workers’ Compensation Appeals Board (Rodriguez) (W/D) 82 C.C.C. 86) The parties selected Anju Gupta M.D. to act as PQME in pain management pursuant to Labor Code §4060. Dr. Gupta issued an initial report dated March 18, 2014 and served the report on April 25, 2014, the 38th ...
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Turner v. PT Gaming, LLC (BPD) (2018 Cal. Wrk. Comp. P.D.  LEXIS ):   The WCJ determined that applicant had no right to a replacement panel of Qualified Medical Evaluators in internal medicine/cardiology. Applicant filed a petition for removal. Applicant filed an application for a continuous trauma injury to various ...
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Southern Insurance Company v. Workers’ Compensation Appeals Board (Berrios-Segovia) (Court of Appeal, published) 82 C.C.C. 448 The Court of Appeal annulled a September 6, 2016 decision of the Board which affirmed the decision of the arbitrator that applicant’s claimed injury of April 6, 2009 was covered by a workers’ compensation ...
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Sesena V. residience Inn by Marriott (BPD) (2017 Cal. Wrk. Comp. P.D. LEXIS  320 The WCJ held an employee was only entitled to one voucher for separate injuries that became permanent and stationary at the same time. Applicant filed a Petition for Reconsideration which was granted. The Appeals Board held ...
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Beltran v. Structural Steel Fabrications (BPD) (2016 Cal. Wrk. P.D. LEXIS __): Defendant, seeks reconsideration of an Order Approving Compromise and Release in which a Worker’s Compensation Judge approved the Compromise and Release Agreement but added language stating that “parties may not settle or commute SJDB per LC §4658.7(g) and ...
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Terry v.  California Department of Corrections (BPD) (2017 Cal. Wrk. Comp. P. D. LEXIS 578):   A specific injury occurred on May 16, 2011 and that injury contributed to applicant’s death on May 17, 2016. The parties and the WCJ concur that applicant’s death was a compensable consequence of his ...
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Iniguez v. WCAB (Court of Appeal, Not Published) (45 CWCR 93) (82 CCC 310:  Applicant claimed an industrial injury on April 5, 2010 to his head, and, back, both shoulders and lower extremities. In March 2011 the applicant was evaluated by a panel Qualified Medical Evaluator in Orthopedic Surgery found ...
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Sanchez B. Unilever (BPD) (45 CWCR 238): Applicant alleged a continuous trauma injury to his body parts ending October 31, 2011 against Alberto Culver, listing Broadspire as the insurer. Counsel for Unilever, which had acquired Alberto Culver, filed an answer to the application and engaged in discovery. At a mandatory ...
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County of San Diego v. Workers’ Compensation Appeals Board (Pike) (ADJ781190) ( 83 CCC 465):   The applicant filed a Petition to Reopen on May 26, 2015. The applicant contended his shoulder injury had worsened. The applicant sought salary continuation benefits pursuant to §4850 and temporary total disability benefits according ...
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Ramirez (Daniel) v. Workers’ Compensation Appeals Board (Court of Appeal, published) 82 C.C.C. 327 Applicant sustained an injury to his lower leg and ankle in the course of his employment for the State Department of Health Care Services. Applicant settled this case by way of Stipulations with Request for Award ...
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