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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ11164231

Regular

Nov 06, 2013

CHRISTOPHER JOHNSON, (Deceased) vs. COUNTY OF SAN DIEGO

This case involves a petition for exhumation and autopsy filed by the dependents of a deceased sheriff to determine the industrial cause of death. The Workers' Compensation Appeals Board denied the petition because the applicants failed to provide any expert medical opinion supporting the necessity of an autopsy, despite multiple continuances in the case for discovery. The Board cited case law emphasizing that exhumation is a sensitive matter requiring substantial justification and expert support to demonstrate its probable value in providing significant information. While the petition is denied, it can be refiled with appropriate supporting evidence.

Workers' Compensation Appeals BoardPetition for Exhumation and AutopsyIndustrial InjuryCardiac ArrestArising Out Of Employment (AOE)Occurring In The Course Of Employment (COE)Declaration of Readiness to Proceed (DOR)Labor Code Section 5706Labor Code Section 5707Expert Opinion

References

Case No. MISSING

Regular Panel Decision

Cunningham v. Shelton Security Services, Inc.

This worker's compensation case concerns an interlocutory appeal regarding a trial court's order to exhume and autopsy the remains of deceased employee, Robert W. Cunningham, Sr. The employee died after a confrontation at work, with the death certificate citing arteriosclerotic cardiovascular disease without an autopsy. The employer and its insurance carrier, Shelton Security Service, Inc. and Employers Insurance of Wausau, disputed the cause of death and requested an autopsy over a year after filing their answer and approximately four and a half years after the death certificate was available. The appellate court reviewed the trial court's decision, finding that the respondents' request for exhumation and autopsy was not timely made. Consequently, the court vacated the trial court's order and remanded the case for further proceedings.

Worker's CompensationInterlocutory AppealAutopsy RequestExhumationTimeliness of RequestCause of Death DisputeArteriosclerotic Cardiovascular DiseaseMedical Expert TestimonyAppellate ReviewRemand

References

Case No. MISSING

Regular Panel Decision

Buntin v. Guardian Life Insurance

The defendant insurer appealed an order denying its motion for disinterment of cremated remains for forensic examination. The insurer sought to verify the identity of the deceased, Floyd B. Ashlock, after uncovering several discrepancies. These included inconsistencies in medical records regarding an appendectomy, conflicting statements about the deceased's drinking habits, and challenges to the identity of the body by the deceased's daughter. Additionally, the plaintiff, the beneficiary, exhibited suspicious behavior. The Supreme Court, Appellate Division, found that these "special, unusual and unanticipated circumstances" warranted further discovery, reversing the lower court's decision and granting the defendant's motion to exhume the remains for forensic examination.

DisintermentForensic ExaminationLife Insurance PolicyAccidental Death InsuranceCremated RemainsMedical Record DiscrepanciesIdentity VerificationAppellate ReviewDiscovery MotionDental Records

References

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CHRISTOPHER JOHNSON, (Deceased) vs. COUNTY OF SAN DIEGO

Cunningham v. Shelton Security Services, Inc.

Worker's CompensationInterlocutory AppealAutopsy RequestExhumationTimeliness of RequestCause of Death DisputeArteriosclerotic Cardiovascular DiseaseMedical Expert TestimonyAppellate ReviewRemand

Buntin v. Guardian Life Insurance

DisintermentForensic ExaminationLife Insurance PolicyAccidental Death InsuranceCremated RemainsMedical Record DiscrepanciesIdentity VerificationAppellate ReviewDiscovery MotionDental Records