Department of Rehabilitation/State of California v WCAB (Lauher) (2003) 30 Cal 4th 1281, 70 P.3d 1076, 135 Cal Rptr2d 665, 68 CCC 831. The Supreme Court in Lauher held that the applicant did not demonstrate discrimination Under Labor Code Section 132a when a defendant used applicant’s sick leave and vacation time when the applicant, who had become permanent and stationary, returned to work following the industrial injury, took off work to attend medical appointments for that injury.
Labor Code Section 5401. (a) Within one working day of receiving notice or knowledge of injury under Section 5400 or 5402 which injury results in lost time beyond the employee’s work shift at the time of injury or which results in medical treatment beyond first aid, the employer shall provide, personally or by first class mail, a claim form and a notice of potential eligibility for benefits under this division to the injured employee, or in case of death to his or her dependents.
Labor Code Section 4662 Any of the following permanent disabilities shall be conclusively presumed to be total in character:
a Loss of both eyes or the sight thereof;
b Loss of both hands or the use thereof;
c An injury resulting in a practically total paralysis;
d An injury to the brain resulting in incurable mental incapacity or insanity.
In all other cases, permanent total disability shall be determined in accordance with the fact.
Labor Code Section 4653: If the injury causes temporary total disability, the disability payment is two-thirds of the average weekly earnings during the period of such disability, consideration being given to the ability of the injured employee to compete in an open labor market.
Privately retained doctor’s reports and opinions are admissable in disability hearings but cannot be the sole basis for an award of compensation. In other words, the WCAB can consider these non MPN doctors opinions but cannot award compensation solely on their opinion. These opinions can be considered by MPN physicians or by QME doctors who have evaluated the applicant and who concur.
Labor Code Sections 5410 and 5804 provide that the WCAB has no jurisdiction to alter or amend an award beyond five (5) years from the date of applicant’s injury, when applicant did not file a timely petition to reopen for new and further disability or for a change of law.
Labor Code Section 4664 states that if an applicant has received a prior permanent disability award, that award is presumed to be in existence at the time of any subsequent industrial injury. In other words, the disability from the first injury will be subtracted from the second injury.
Labor Code Section 5412 provides that the date of injury on a cumulative injury is the date upon which the employee first suffered disability therefrom and either knew, or in the exercise of reasonable diligence should have known, that such disability was caused by his present or prior employment