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The Petition for Reconsideration is denied based on the WCJ's report.
The WCAB granted reconsideration, dismissed removal, and rescinded prior decisions. A new finding of fact in GOL 0030941 establishes no cumulative trauma from May 10, 2002 to March 13, 2004, remanding for further proceedings.
The Workers' Compensation Appeals Board granted reconsideration regarding an insurer's challenge to injury dates and a judge's attempt to retain jurisdiction. The Board affirmed the injury dates, finding the insurer lacked standing on several claims but upheld the specific date range for the primary claim. However, the Board rescinded the judge's reservation of jurisdiction to re-rate permanent disability, emphasizing that binding en banc precedent like the *Benson* decision must be applied.
The Workers' Compensation Appeals Board granted reconsideration to amend a prior award concerning Lois Housman's entitlement to medical treatment. The Board ordered that the parties must follow the process outlined in Labor Code section 4062.2 to resolve the dispute regarding a pain psychology evaluation recommended by the applicant's treating physician. The finding that the applicant is entitled to a weight loss program was affirmed.
The Workers' Compensation Appeals Board granted reconsideration of a prior award concerning multiple firefighter injuries for Edward McGready. The Board rescinded the award and remanded the cases to the trial level. Key issues included unclear permanent disability percentages for heart and back injuries, and the need for specific apportionment of causation between multiple injuries. The WCAB also noted an improperly awarded attorney's fee for one specific injury.
This case involves multiple workers' compensation claims for injuries sustained by Suporn Jakeo. The Appeals Board denied the applicant's petition for reconsideration regarding her claim of psychiatric injury, finding the WCJ's reliance on the defendant's QME was reasonable. However, the Board granted Zenith Insurance Company's petition in part, amending the award to clarify no cervical spine injury and reserving jurisdiction for carrier liability allocation.
The Board dismisses the applicant's petition for reconsideration as an impermissible successive petition, affirming its previous en banc decision that the applicant's Labor Code section 132a discrimination claim was preempted by the federal Employee Retirement Income Security Act (ERISA).
The Board held that an employee's claim of discrimination under Labor Code section 132a, based on an employer's termination of contributions to an ERISA group health plan due to the employee's extended disability leave, is preempted by the federal Employee Retirement Income Security Act (ERISA).
The Workers' Compensation Appeals Board denied Edward McGready's petition for removal, which sought to overturn a prior decision. That prior decision had granted the employer's reconsideration request and returned the case to the trial level for further proceedings. McGready argued the employer failed to prove apportionment of disability, but the Board found removal unwarranted. Removal is an extraordinary remedy, and reconsideration remains an adequate remedy for any adverse future decisions.
The Board held that the applicant's claim of discrimination under Labor Code section 132a was preempted by the federal Employee Retirement Income Security Act (ERISA), as the claim was premised on the employer's termination of contributions to an ERISA-regulated health plan.
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