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Case Law Database

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

Case No. ADJ7699249
Regular
Jan 09, 2012

DEREK DEMUN vs. SQUAW VALLEY SKI CORP.

This case involved applicant Derek Demun's workers' compensation claim against Squaw Valley Ski Corp. and its insurer, Safety National Casualty Corp. The Appeals Board granted reconsideration, amending the prior decision. The amendment clarifies that the applicant is entitled to 24-hour home health care for the first 60 days post-hospitalization, followed by indefinitely eight hours per day, provided by his parents. The Board also affirmed the award of central air conditioning and heating for the applicant's home.

Workers' Compensation Appeals BoardDerek DemunSquaw Valley Ski Corp.Safety National Casualty Corp.Matrix Absence ManagementInc.ReconsiderationWCJ reportHome health careCraig Hospital
References
Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
Case No. ADJ1670371 (SFO 0509360)
Regular
Jul 23, 2009

SKI RIVERS vs. WALGREENS DRUGS, SEDGWICK CLAIMS SERVICE

The Workers' Compensation Appeals Board granted reconsideration, affirming the finding of industrial injury to the applicant's low back sustained on September 19, 2007. However, the Board struck all other findings and the award, including temporary disability and the EDD lien, as these issues were not properly submitted for decision. The Board noted that the "going and coming" rule argument was not litigated and appeared to fall under the special risk exception, but the facts necessary for this determination were not presented. Future proceedings are required to address issues of temporary disability and medical treatment.

Workers' Compensation Appeals Boardindustrial injurysecurity guardlow back injurytemporary disabilityEmployment Development DepartmentEDD lienpetition for reconsiderationgoing and coming rulespecial risk exception
References
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