The Unreliable Vocational Expert: Cal. Comp. Cases January ...

Here?s the third batch of advanced postings for the January 2013 issue of Cal. Comp. Cases.

Lexis.com subscribers can link to the cases to read the complete headnotes and summaries.

? Copyright 2013 LexisNexis. All rights reserved.

Guillermo Hernandez, Petitioner v. Workers' Compensation Appeals Board, Spiess Construction, State Compensation Insurance Fund, Respondents, 2012 Cal. Wrk. Comp. LEXIS 177

Permanent Disability?Rating?Diminished Future Earning Capacity?WCAB rescinded WCJ?s finding that applicant/laborer/construction worker incurred 79 percent permanent disability as result of admitted industrial lumbar back injury, and held that applicant suffered 37 percent permanent disability pursuant to 2005 permanent disability rating schedule and opinion of agreed medical evaluator, when WCAB found that, to rebut scheduled diminished future earning capacity factor, employee must establish that his diminished future earnings are attributable to work-related injury and not to non-industrial factors such as illiteracy, lack of proficiency in speaking English, or lack of education, and that testimony of vocational expert relied on by WCJ did not constitute substantial evidence pursuant to?

Permanent Disability?Rating?Diminished Future Earning Capacity?WCAB rescinded WCJ?s finding that applicant/laborer/construction worker incurred 79 percent permanent disability as result of admitted industrial lumbar back injury, and held that applicant suffered 37 percent permanent disability pursuant to 2005 permanent disability rating schedule and opinion of agreed medical evaluator, when WCAB found that opinion of vocational expert on which WCJ relied did not constitute substantial evidence to rebut scheduled diminished future earning capacity because?

Lester Guerrero, Petitioner v. Workers' Compensation Appeals Board, Duane White, Interinsurance Exchange of the Automobile Club of Southern California, administered by Corvel, Respondents, 2012 Cal. Wrk. Comp. LEXIS 176

Employment Relationships?Residential Employees?WCAB, rescinding WCJ?s finding, held that applicant was excluded from workers? compensation coverage under Labor Code ? 3352(h), when WCAB found that ?

Craig Gonsalves, Petitioner v. Workers' Compensation Appeals Board, United Parcel Service, Liberty Mutual Fire Insurance Company, Respondents, 2012 Cal. Wrk. Comp. LEXIS 175

Discrimination?Labor Code ? 132a?WCAB, reversing WCJ, held that defendant did not violate Labor Code ? 132a by refusing to allow applicant/delivery driver with low back injury to return to work after applicant received medical release to return to work with restriction that he work only eight-hour days for two weeks, when WCAB found that?

Darlene Rowe, Petitioner v. Workers' Compensation Appeals Board, Hacienda La Puente Unified School District, Intercare Insurance Service, Respondents, 2012 Cal. Wrk. Comp. LEXIS 178

Injury AOE/COE?WCAB held that applicant school district aide sustained injury AOE/COE to her left foot and left ankle on 2/13/2007, based on?

Injury AOE/COE?WCAB held that applicant did not sustain injury AOE/COE to left foot, back, knee, upper extremities, or in form of sleep disorder in 1/2005 or cumulatively from 5/92 through 2/13/2007, based on?

Rick Whitcomb, Petitioner v. Workers' Compensation Appeals Board, Portrait Homes, Inc., State Compensation Insurance Fund, Respondents, 2012 Cal. Wrk. Comp. LEXIS 179

Injury AOE/COE?WCAB held that applicant construction repair superintendent did not sustain injury AOE/COE to his left knee on 8/4/2010, allegedly from descending stairs at work site and twisting knee, and that applicant did not sustain burden of proving this injury, when WCAB found that?

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