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Workers' Compensation Appeals Board (WCAB) - Cases pending on appellate grants

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Grimaldo, J 2-4-B208959 LBO 0180296, etc. writ issued 11/17/08

-- AOE/COE (diabetes).

Forzetting, D 2-6 B209323 GRO 23551 writ issued 11/12/08

-- Following Ct of Appeal’s summary denial, the CA Supreme Ct granted applicant’s petition for review (S167028) and transferred matter back to Ct of Appeal to address what is essentially a challenge to the Appeals Board’s en banc decision in Benson.

Galvao, l 1-2-A122284 SFO 05000209 writ issued 11/04/08

-- Whether WCAB properly reversed WCJ to allow defendant credit against VRMA for wages applicant earned with another employer.

Vilkitis, J 2-6 B209235 GRO 27680/28600 writ issued 10/28/08

-- Following Ct of Appeal’s summary denial, CA Supreme Ct granted applicant’s petition for review (S166550) and transferred matter back to Ct of Appeal to address what is essentially a challenge to the Appeals Board’s en banc decision in Benson.

Edwards, J C059760 SAC 338759/360384 writ issued 10/16/08

-- TD, P&S date, credit.

Hart, T 1-5- A121208 SFO 502386 writ issued 9/30/08

-- Whether the applicant, a police officer, was properly awarded TD benefits following her termination for misconduct.

Goodin, B 4-2- E04617 SBR 313572/73/74 writ issued 9/3/08

-- Alleged error in failing to apportion 60% of the applicant’s 100% PD award to non-industrial causes pursuant to Labor Code section 4663 and Escobedo.

Johnson, A 2-1-B204479 MON 0180296, etc. review granted 7/29/08

-- Jurisdiction to award new and further disability; PD/apportionment; alleged misapplication of Vargas (2006) 71 CCC 500 (en banc).

Benson, D 1-2- A120462 OAK 0297895/ OAK 0326228 writ issued 6/26/08

-- Whether the WCAB en banc properly determined that when SB 899 amended LC §§ 4663 and 4664(a) to require apportionment based on causation, these amendments largely abrogated the rule of Wilkinson v. WCAB (1977) 19 Cal.3d 491 [42 Cal.Comp.Cases 406], which provided for a combined PD award in successive injury cases where the disabilities became permanent and stationary at the same time.

Aguilar, M H032438 SJO 226456 writ issued 5/7/08

-- PD/PD rating schedule.

Lewis , S C057392 SAC 341852 writ issued 3/19/08

-- Following Ct of Appeal’s summary denial, CA Supreme Ct granted applicant’s petition for review (S160237) and transferred matter back to Ct of Appeal re issue of whether 2005 PDRS was properly applied based on Vera.

Barron, S C057780 STK 193553 writ issued 2/14/08

-- Whether it was properly found that decedent’s death from a ruptured aneurism was industrial.

Smith, D and Amar, D S150528 GRO 16225/ GOL 89438 review granted 4/18/07

-- The CA Supreme Court granted review (S150528) of the published decision issued by Division 6 of the 2nd Appellate District in these cases (B190054/B190655), which reversed the WCAB to award Labor Code section 4607 attorney's fees to applicant's counsel.