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Stout v. State Compensation Fund
Employee has duty to disclose settlement agreement and stipulated trial procedures in suit against third party to workers' compensation carrier.
Workers' Compensation May 13, 2002
Lockheed Martin v. Workers' Compensation Appeals Board
Labor Code Section 3208.3 applies to all psychiatric injury claims, including those resulting from physical work injuries.
Workers' Compensation Apr. 29, 2002
Smith v. WCAB
Rent of $150 paid by deceased adult son does not make parents dependents of son for purposes of receiving death benefits.
Workers' Compensation Apr. 5, 2002
Smith v. Workers' Compensation Appeals Board
Because independent contractor hadn't received notice of suspension, thus holding valid license, general contractor isn't liable for injuries of independent contractor's employee.
Workers' Compensation Apr. 4, 2002
Colorado Springs Disposal v. Industrial Claim Appeals Office
Employee is entitled to temporary total disability benefits even though he was terminated for careless driving.
Workers' Compensation Mar. 28, 2002
Thornbury v. Allen
Employee's claim for damages precluded by exclusive remedy provisions of worker's compensation act.
Workers' Compensation Mar. 21, 2002
Public Service Co v. Industrial Claim Appeals Office
Impairment benefits not apportioned where subsequent injury was independently disabling.
Workers' Compensation Mar. 21, 2002
MGM Supply Co. v. Industrial Claim Appeals Office.
Workers' Compensation Act does not violate constitutional provision vesting jurisdiction of civil disputes in the district court.
Workers' Compensation Mar. 20, 2002
Giddings v. Industrial Claim Appeals Office
Insurer liable for penalties for failure to comply with order of ALJ.
Workers' Compensation Mar. 20, 2002
Janssen v. The Industrial Claim Appeals Office.
Cap on treatment expenses in workers' compensation cases also applies to certain litigation expenses.
Workers' Compensation Mar. 20, 2002
Harrison Memorial Hospital v. Gagnon
Applicant challenging findings of Board of Industrial Insurance Appeals has burden of persuasion in court.
Workers' Compensation Mar. 14, 2002
Lovitch v. Industrial Commission of Arizona
Res judicata bars relitigation of whether worker's injury was industrially related.
Workers' Compensation Mar. 13, 2002
Cordova v. Industrial Claim Appeals Office
In petition to reopen, opinion of doctor conducting independent medical examination is not entitled to presumptive effect.
Workers' Compensation Mar. 7, 2002
Wright v. Beverly Fabrics Inc.
Workers' compensation is exclusive remedy for employee injured at work on day off.
Workers' Compensation Mar. 6, 2002
Johnston v. Director, Office of Workers Compensation Programs
Claimant's post-injury earnings need not be adjusted for inflation if actual wages have remained stagnant.
Workers' Compensation Mar. 4, 2002
City of Sacramento v. WCAB
'Fire recruit' is not firefighter entitled to enhanced benefits under Labor Code Section 4850.
Workers' Compensation Feb. 20, 2002
Matson Terminals Inc. v. Berg
Two benefit periods are awarded for employee's two 'discrete' knee injuries arising from same accident.
Workers' Compensation Jan. 29, 2002
DeWeert v. Stevedoring Services of America
Benefit award of $1 per week is proper after finding post-injury wage-earning capacity exceeds pre-injury wage-earning capacity.
Workers' Compensation Jan. 23, 2002
Alexander v. Director, Office of Workers' Compensation Programs
Last responsible employer is not entitled to credit for amount owed to employee based on settlements with other employers.
Workers' Compensation Jan. 7, 2002
Tucson District v. The Industrial Commission of Arizona
Physical symptoms or manifestations of noncompensable mental conditions are not statutorily compensable.
Workers' Compensation Jan. 7, 2002
Pacesetter Corp. v. Collett
Employee on personal deviation from work is not entitled to workers' compensation benefits.
Workers' Compensation Jan. 7, 2002
Telles Transport Inc. v. WCAB
Workers' Compensation Appeals Board abused discretion by ordering judge to admit evidence claimant intentionally withheld.
Workers' Compensation Nov. 29, 2001
Draper v. Aceto
When attorneys separately represent employer and its employee against third party, employee's attorney fees must come out of employee's share of recovery.
Workers' Compensation Nov. 28, 2001
Dyrkopp v. The Industrial Claim Appeals Office
Final admission of liability for permanent partial benefits is implicit denial of permanent total benefits.
Workers' Compensation Nov. 20, 2001
Delaney v. The Industrial Claim Appeals Office
Division-sponsored independent medical examination report should be considered in determination of impairment benefits.
Workers' Compensation Nov. 20, 2001
Gamez v. Brush Wellman Inc.
Workers' compensation is exclusive remedy for injury not involving wilful misconduct, but sanctions were inappropriate.
Workers' Compensation Nov. 19, 2001
Liberty Heights at Northgate v. Industrial Claim Appeals Office
Claimant entitled to temporary total disability benefits during period of separation from employment.
Workers' Compensation Nov. 19, 2001
The Colorado Department of Labor and Employment v. Esser
Claimant's for mental impairment workers' compensation benefits are not required to present oral testimony.
Workers' Compensation Oct. 19, 2001
Torres v. Parkhouse Tire Service Inc.
Exception to workers' compensation exclusivity requires injury caused by employee's willful, unprovoked act of aggression, but doesn't require specific intent to injure.
Workers' Compensation Oct. 3, 2001
Horodyskyj v. Karanian
Injuries are not employment connected simply because victim and perpetrator met on job.
Workers' Compensation Oct. 2, 2001