Kaiser Foundation Hospitals v. Workers' Compensation Appeals Board

Petitioners Kaiser Foundation Hospitals and Southern California Permanente Medical Group (Kaiser) contend that respondent Workers’ Compensation Appeals Board (WCAB) erred in charging part of a fee awarded an injured worker’s attorney to Kaiser’s recovery on its lien claim for medical services (see Lab. Code, §§ 4600, 4903, subd. (b)).

*495 I

The injured worker herein, respondent Thomas J. Brennan, filed a workers’ compensation claim for a cumulative trauma injury (see Lab. Code, § 3208.1) alleging that while employed from May 22, 1970, through May 22, 1975, by respondent County of Los Angeles (County) and the Office of the Los Angeles County Superintendent of Schools (County Schools) 2 he sustained injury arising out of and occurring in the course of said employment to his heart as the result of “stress, strain and physical exertion.” Brennan also filed a claim alleging a specific injury on May 22, 1975 (see § 3208.1) in that the “stress, strain and physical exertion” of his employment on that date resulted in injury to his heart which arose out of and occurred in the course of employment. 3 On May 22, 1975, Brennan sustained a myocardial infarction which resulted in…