California Workers' Compensation Cases
In Weibe v.
City and County of San Francisco,
Alan Marenstein
and former
partner, now retired, James Kadar, argued successfully in favor of
the constitutionality
of Labor Code Section 3212, which finds heart trouble to be
presumed compensable
for certain safety members. This case was paramount in
upholding the validity of this statute which confers special
benefits for safety members.
In Parish v.
County of Ventura, Robert Sherwin prevailed in the Court of
Appeal in establishing that mitral valve prolapse, a congenital
heart abnormality, was covered as an
industrial injury under the presumption of heart trouble for
injured safety members (Labor Code Section 3212).
In County of Los Angeles v. Workers'
Compensation Appeals Board (Ruvalcaba),
Michael Lewis successfully argued that a temporarily disabled
safety member employee was entitled to full salary under Labor
Code Section 4850, despite being terminated and therefore no
longer a "member" of the County Retirement System.
Mr. Lewis also appeared before the Court of
Appeal in Miller v. Workers'
Compensation Appeals Board (County of Los Angeles), and
established that a prior stipulation by the County to "heart"
injury, would later require the County to pay for treatment to
replace a defective aortic valve, and thus resulting in increased
permanent disability for the injured employee.
In Travis v.
Workers' Compensation Appeals Board (City of Los Angeles),
Robert Sherwin, appearing before the Court of Appeal, reversed the
Workers' Compensation Appeals Board, which held that a death
action filed by a widow of a police officer who committed suicide
was not a work-related injury. The Court of Appeal reversed this
Decision, finding the suicide was a result of job-related stress
factors, thus entitling the widow to workers' compensation
benefits and a widows' disability pension.
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