Here’s the second batch of advanced postings for the November 2009 issue of California Compensation Cases. Lexis.com subscribers can link to the cases below.

City of Santa Ana , PSI v. W.C.A.B., Mark R. Nichols

74 Cal. Comp. Cases ***, 2009 Cal. Wrk. Comp. LEXIS 257

Permanent Disability--Apportionment--WCAB awarded applicant 56-percent PPD, without apportionment, for cumulative trauma lumbar spine injury AOE/COE from 8/87 through 1/15/99 from applicant's work at city police officer, based on opinions from orthopedic AME, rating instructions, and recommended rating from DEU (without objection to rating or timely request to cross-examine rater); WCAB held that there was no legal basis for apportionment and that opinion on apportionment from orthopedic AME, which stated that 70 percent of applicant's PD was due to non-industrial factors, was not substantial evidence, when WCAB found that AME's opinion was based on speculation and information that was vague and incomplete and did not meet requirements for apportionment in Lab. C. § 4663(c) and Escobedo v. Marshalls (2005) 70 Cal. Comp. Cases 604 (Appeals Board en banc opinion).

Nina Sinitsyna v. W.C.A.B., Olympic Rehabilitation Center, State Compensation Insurance Fund, Everest National Insurance Company, c/o ACCA, California Insurance Guarantee Association, on behalf of Credit General, in liquidation

74 Cal. Comp. Cases ***, 2009 Cal. Wrk. Comp. LEXIS 258

Injury AOE/COE--WCAB held that applicant sustained following industrial injuries while working for defendant as kitchen worker: (1) admitted injury 12/5/2002 to neck, (2) admitted injury to right shoulder, left wrist, and neck in period from 5/2000 through 12/13/2002, and (3) back injury in 5/2000.

Injury AOE/COE--WCAB held that applicant did not prove she sustained following industrial injuries, based on medical record and WCAB's finding that applicant was not credible witness: (1) injury to psyche on 12/5/2002, or on cumulative trauma basis from 5/2000 through 12/13/2002, or for either date as compensable consequence of admitted orthopedic injuries, and (2) injury in form of fibromyalgia on 12/5/2002, or on cumulative trauma basis from 5/2000 through 12/13/2002, or for either date as compensable consequence of admitted orthopedic injuries (also based on opinions from defense QME in rheumatology).

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