Case Name:	Belletich v. Carley		03/12/2008
Summary:	INTRODUCTION Plaintiff and appellant Beverly Belletich (plaintiff) filed a workers' compensation claim and a civil complaint against her employer Carley, LLC (Carley). On February 10, 2006, plaintiff filed a civil action against Carley in the Superior Court of Los Angeles County. This [Release] settles all claim [sic] whether civil, administrative, federal, or state against defendants Carley LLC & State Farm. "*fn3 PROCEDURAL BACKGROUND On November 1, 2006, Carley filed a motion for summary judgment in plaintiff's civil action. the Court issued its order, granting the summary judgment, upon the ground that this matter was settled, compromised and release[d] in plaintiff's Workers' Compensation case, against Carley, L. L. C. [¶] Therefore, judgment is hereby rendered for defendant, Carley .
Note:	[Unpublished] The release language of the settlement agreement is not reasonably susceptible to the narrow interpretation urged by plaintiff. In such case, parole evidence is inadmissible and so, does not raise a triable issue of fact.
Citation:	B199968
WCC Citation:	WCC 33252008 CA

Case Name:	Beloud, Inc. v. WCAB		08/19/1975
Summary:	On June 29, 1970, applicant, then and thenceforth represented by petitioner, filed a petition to reopen the 1966 case alleging new and further disability. Reconsideration will be granted for this purpose and such further proceedings as the Board may thereafter determine to be appropriate. 'Accordingly, in 66 POM 5677 the Board ordered paid to applicant additional permanent disability of 11 1/4 percent equivalent to $2,362. 50. In WCAB Case No. 66 POM 5677, the applicant's indemnity award was $2,362. 50, and the attorney's fee allowed was $400. 00. In WCAB Case No. 70 POM 17979, the applicant's indemnity award equalled $8,190. 00, and the attorney's fee allowed was $850. 00.
Note:	WCAB exceeded authority by modifying attorneys fees without attorney notice and opportunity to be heard.
Citation:	50 Cal.App.3d 729, 40 CCC 505
WCC Citation:	WCC 26621975 CA

Case Name:	Bennett v. WCAB		04/03/1986
Summary:	William Bennett, Petitioner v. Workers' Compensation Appeals Board of the State of California; State of California, Department of Justice; and State Compensation Insurance Fund, Respondents. The medical evidence showed applicant had suffered a left ventricular hypertrophy with a thickening of the left ventricular wall. Bennett also suffered from a disability affecting the peripheral vascular areas and abdominal aorta caused by the advanced development of arteriosclerosis. The evidence reflected no causal connection between the left ventricular hypertrophy and the disability in the peripheral vascular areas. In his Petition for Writ of Review, Bennett argued that his peripheral vascular disability was 'heart trouble' within the meaning of Labor Code section 3212. 7.
Note:	Peripheral vascular disability was not 'heart trouble' within meaning of this section.
Citation:	51 CCC 139
WCC Citation:	WCC 4161986 CA

Case Name:	Benson v. The Permanente Medical Group		12/13/2007
Summary:	THE PERMANENTE MEDICAL GROUP, Permissibly Self-Insured; ATHENS ADMINISTRATORS (Adjusting Agent), Defendant(s). Applicant, Dianne Benson, began working as a file clerk for The Permanente Medical Group in April 1992. If there was no substantial medical evidence to justify separately assigning a percentage of permanent disability to either injury, apportionment was not permitted. Thus, each separate injury requires a separate analysis of the medical evidence to determine the causative sources of disability. Indeed, a medical report that fails to offer an opinion on apportionment of each separate injury cannot be considered substantial medical evidence to justify an award of permanent disability.
Note:	The rule in Wilkinson is not consistent with the new requirement that apportionment be based on causation and, therefore, Wilkinson is no longer generally applicable.
Citation:	72 CCC 1620
WCC Citation:	WCC 32892007 CA

Case Name:	Benson vs. WCAB		02/10/2009
Summary:	On July 15, 2003, Benson was placed on temporary total disability and did not return to work thereafter. On September 26, 2005, Benson was examined by Joseph Izzo, M. D. , who was acting as an agreed medical examiner (AME). The WCJ's combined award entitled Benson to a total of $67,016. 25, payable at $185 per week for 362. 25 weeks. Benson concedes that section 4663, subdivision (c), not only governs the physician's analysis, but also the Board's own apportionment determination. Benson does not argue that Dr. Izzo's opinion is speculative and we decline to address CAAA's argument to that effect.
Note:	Courts must separately rate successive injuries to the same body part that simultaneously become permanent and stationary.
Citation:	A120462
WCC Citation:	WCC 34902009 CA

Case Name:	Bentley v. IAC		07/31/1946
Summary:	BYRON R. BENTLEY, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, CHARLES T. MARTIN et al. , Respondents. COUNSEL Byron R. Bentley, in pro. [75 Cal. App. 2d 548] R. C. McKellips, Edward A. Sarkisian and John A. Rowe, Jr. , for Respondents. A writ was issued herein for review of an award of attorney's fees by the Industrial Accident Commission. Following the injury he suffered pains in the neck and violent headaches which came on at least every 24 hours.
Note:	Atty. fees not to be fixed; Bd. evaluation protects applicant, encourages representation.
Citation:	75 Cal.App.2d 547, 11 CCC 204
WCC Citation:	WCC 27171946 CA

Case Name:	Bergenstal v. WCAB		04/09/2001
Summary:	From September of 1991 to December of 1992, Doctors Bergenstal and Chaparro submitted reports regarding applicant's progress in therapy. In his January 20, 1993, letter to defendants, Doctor Bergenstal stated: 'I am the primary treating physician in this case. At the hearing of the disputed lien, Doctor Bergenstal was not represented by counsel. Although it would appear that Doctors Bergenstal and Chaparro have satisfied the supervision requirements of Business and Professions Code section 2913, no such finding has been made by the WCJ or the WCAB as the triers of fact. The matter is remanded to the WCAB for further proceedings, consistent with this opinion, to determine whether Doctor Bergenstal is entitled to compensation for the psychological treatment provided to applicant and the amount of any compensation.
Note:	Certain medical practitioners, who do not come within Labor Code section 3209.3, are authorized to provide services to an injured worker if the employer consents.
Citation:	45 Cal.App.4th 1272, 61 CCC 437
WCC Citation:	WCC 4092001 CA

Case Name:	Berkebile v. WCAB		06/20/1983
Summary:	VERA BERKEBILE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and JOHNS-MANVILLE SALES CORPORATION, Respondents. OPINION WOODS, P. J. Petitioner, Vera Berkebile, seeks review of the findings and annulment of an order determining that her claim for workers' compensation death benefits arising out of the death of Earl Berkebile was barred by the statute of limitations. Decedent, Earl Berkebile, the husband of petitioner and applicant, Vera Berkebile, was employed by the self-insured respondent Johns-Manville [144 Cal. App. 3d 942] Sales Corporation, formerly Johns-Manville Products Corporation, from July 13, 1934 to September 30, 1942. Earl Berkebile died on October 7, 1980. Thereafter, Vera Berkebile filed an application for workers' compensation death benefits on November 13, 1980 (case No. OAK 092588).
Note:	Widow's claim filed within 240 weeks of her first knowledge of illness was timely filed.
Citation:	144 Cal.App.3d 940, 48 CCC 438
WCC Citation:	WCC 25221983 CA

Case Name:	Betancourt v. WCAB		03/30/1971
Summary:	JESUS J. BETANCOURT, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD et al. , Respondents; HOLLAND-AMERICA INSURANCE COMPANY, Real Party in Interest (Opinion by Pierce, P. J. , with Regan, J. , and Bray, J. , concurring. )In this mandamus proceeding petitioner Betancourt seeks an order compelling the Workmen's Compensation Appeals Board and/or its referee to comply with the provisions of rule 10832 of the board's Rules of Practice and Procedure. 1 On May 8, 1969, petitioner injured his hip while lifting lumber in the course of his employment. At this hearing two medical doctors representing the carrier, Gilbert Kucera, M. D. , an orthopedist, and Lyman Maass, M. D. , a neurosurgeon, filed reports. He does not believe that the applicant would have been able to continue working if he had not received the care. '
Note:	The Code provides for and authorizes chiropractic treatment.
Citation:	16 Cal.App.3d 408, 36 CCC 186
WCC Citation:	WCC 4111971 CA

Case Name:	Bethlehem Steel Co. v. Industrial Accident Comm'n		07/30/1945
Summary:	No. 12902 July 30, 1945 BETHLEHEM STEEL COMPANY (A CORPORATION), PETITIONER, v. INDUSTRIAL ACCIDENT COMMISSION AND DANIEL E. SEAQUIST, RESPONDENTS PROCEEDING to review an order of the Industrial Accident Commission awarding compensation for personal injuries. The ground floor was used by the company in carrying on the bond sales transactions with its employees. Prior to July 14, 1944, Seaquist had purchased some bonds under the above plan, but later had cancelled his subscription. 2d 377 [90 P. 2d 68]), and that any reasonable doubt should be resolved in favor of the employee (Employers' etc. Corp. v. Industrial Acc. "The Bethlehem Steel Company handled the bookkeeping and clerical work involved in deducting the purchase price [70 CalApp2d Page 391] of the bonds from the payroll and the handling out of the bonds at the proper time .
Note:	Injuries compensable if employee injured while picking up bond at specified location.
Citation:	70 Cal. App. 2d 382
WCC Citation:	WCC 30481945 CA