December 2015 Case Law Update
Friday, December 11, 2015 | 1138 | 0 | 0 min read
Jurisdiction and Subrogation
In Walker v. WCAB, 2015 Cal. Wrk. Comp. LEXIS 149 (writ denied), the WCAB held that a claim filed by a professional hockey player who was employed by multiple out-of-state teams was barred by LC 3600.5 because it was filed on Sept. 16, 2013.
In Lindsey v. Los Angeles County Metropolitan Transportation Authority, 2015 Cal. Wrk. Comp. P.D. LEXIS 561, the WCAB held that an applicant's injury at Union Station was barred by the going and coming rule, even though the property itself was owned by the employer, Los Angeles County Metropolitan Transportation Authority (LACMTA).
Statute of Limitation
In Lopez v. Chemtex Print USA, 2015 Cal. Wrk. Comp. P.D. LEXIS 563, the WCAB held that claims of injury to body parts dismissed without prejudice in a stipulated award could be reopened for good cause under LC 5803 with a timely petition to reopen.
In Tinsley v. Vertis Communications, 2015 Cal. Wrk. Comp. P.D. LEXIS 575, the WCAB awarded an applicant continued treatment for a psychiatric injury at Casa Colina Transitional Living Center.
Discovery and Settlement
In Ruiz v. Schwan's Home Services, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS 571, the WCAB upheld a WCJ's decision denying a defendant's request for a replacement QME because the QME had substantially complied with the time limits for issuing a report under LC 139.2(j)(1)(A) and administrative regulations.
In Abernathy v. Harris Wolf California Almonds, 2015 Cal. Wrk. Comp. P.D. LEXIS 547, the WCAB reversed a WCJís decision that an applicant contracted valley fever (coccidiomycosis) on an industrial basis.
In Angelotti Chiropractic, Inc. v. Baker (2015) 80 CCC 1323, the U.S. District Court issued an order vacating the preliminary injunction that restrained enforcement of the lien activation fee.
In Arias v. Superbra, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS 549, the WCAB rescinded a WCJ's order requiring a lien claimant to reimburse a defendant for sums paid in excess of $5,419.76 (the amount found to reasonable for the lien).
In Cruz v. The Regent Beverly Wilshire, 2015 Cal. Wrk. Comp. P.D. LEXIS 554, the WCAB upheld costs against a lien claimant pursuant to LC 5813 when it proceeded to trial even though its lien was clearly barred by the statute of limitation pursuant to LC 4903.5(a).
In Maghuyop v. Hullís Walnut Creek Chapel, 2015 Cal. Wrk. Comp. P.D. LEXIS 565, the WCAB awarded an applicantís former attorney 25 percent of a $56,250 fee awarded in connection with a lien for home health care services.
Complete discussion of these topics can be found in Sullivan On Comp, available to subscribers here.
Michael Sullivan is the founder of Michael Sullivan & Associates LLP, a workers' compensation defense firm with seven offices in California, and author of "Sullivan on Comp," a treatise on California workers' compensation law.