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Rafn Co. v, Department of Labor and Industries
Law holding contractor secondarily liable for industrial-insurance premiums for temporary laborers is constitutional.
Workers' Compensation May 9, 2001
Colorado Compensation Insurance Authority v. Industrial Claim Appeals Office
Temporary disability benefits may only be terminated in accordance with statute.
Workers' Compensation May 6, 2001
Pizza Hut v. Industrial Claim Appeals Office
Administrative law judge has discretion to determine claimant's average weekly wage for impairment benefits.
Workers' Compensation May 6, 2001
Fred Meyer Inc. v. Shearer
Monthly wage compensation for injured worker must include shift differential pay and paid holiday, sick, vacation and funeral leave.
Workers' Compensation Apr. 24, 2001
Ochoa v. Dept. of Labor and Industries
Employment function at time of injury, not license status, determines whether one is excepted from workers' compensation coverage.
Workers' Compensation Apr. 23, 2001
Wackenhut Corp. v. Industrial Claim Appeals Office
Apportionment of worker's compensation benefits not appropriate where earlier injury was to different part of back.
Workers' Compensation Apr. 19, 2001
Rosarita Mexican Foods v. The Industrial Commission of Arizona
Administrative law judge erred in awarding non-diagnostic and non-investigatory benefits without proof that employee's condition was medically non-stationary.
Workers' Compensation Mar. 29, 2001
Imperial Headware v. Industrial Claim Appeals Office
Administrative law judge may resolve internal conflicts in physician's reports.
Workers' Compensation Mar. 6, 2001
Hobson v. Mid-Century Insurance Comp.
Workers' compensation lienholder not required to pay, from amount it is paid on account of statutorily prescribed lien, an equitable share of attorney fees incurred by claimant in third party tort action.
Workers' Compensation Mar. 6, 2001
Reed v. The Industrial Claim Appeals Office
No sanction against employer's counsel for discovery violations when conduct not willful.
Workers' Compensation Mar. 2, 2001
Faulkner v. Industrial Claim Appeals Office
Clear and convincing evidence standard not applicable to findings of compensability.
Workers' Compensation Mar. 2, 2001
Compton v. Industrial Claims Office
Claimant not entitled to costs for expert witness fees where witnesses were not subpoenaed.
Workers' Compensation Mar. 1, 2001
Melton v. Industrial Indemnity Co.
Though employee was fired, employer is covered under general coverage provisions of workers' compensation policy and insurer has duty to defend.
Workers' Compensation Feb. 28, 2001
Melton v. Industrial Indemnity Co.
Though employee was fired, employer is covered under general coverage provisions of workers' compensation policy and insurer has duty to defend.
Workers' Compensation Feb. 28, 2001
Freemyer v. The Industrial Claim Appeals Office
Attorney lien may not be asserted against benefits awarded to worker's compensation claimant.
Workers' Compensation Dec. 12, 2000
Victor Valley Transit Authority v. Workers' Compensation Appeals Board
Workers' Compensation Appeals Board's jurisdiction does not extend to interpretation of agreement apportioning liability among members of joint venture.
Workers' Compensation Nov. 1, 2000
Victor Valley Transit Authority v. Workers' Compensation Appeals Board
Workers' Compensation Appeals Board's jurisdiction does not extend to interpretation of agreement apportioning liability among members of joint venture.
Workers' Compensation Nov. 1, 2000
Enfield v. A.B. Chance Co.
Employer is not entitled to subrogation in amounts employee received from third-party tortfeasor.
Workers' Compensation Oct. 24, 2000
Summers v. Newman
Attorney fees can be deducted from settlement employer receives, from suit against third-party tortfeasor, as reimbursement for workers' compensation expenses.
Workers' Compensation Oct. 10, 2000
Summers v. Newman
Attorney fees and costs are properly awarded to employer from employee's recovery from third-party tortfeasor.
Workers' Compensation Oct. 8, 2000
Summers v. Newman
Attorney fees and costs are properly awarded to employer from employee recovery from third party tortfeasor.
Workers' Compensation Oct. 8, 2000
LaTourette v. WCAB
Employment isn't substantial contributing cause of employee's death after heart attack suffered during business trip.
Workers' Compensation Sep. 27, 2000
Avalon Bay Foods v. Worker's Compensation Appeals Board
Penalty for delays in reimbursing workers' compensation claimant only applies to unreasonably delayed benefit.
Workers' Compensation Sep. 27, 2000
Aranda v. The Industrial Commission of Arizona
Statute authorizing suspension of workers' compensation benefits due to criminal conviction may not be retroactively applied.
Workers' Compensation Sep. 19, 2000
Coulter v. The Industrial Commission of Arizona
Claimant's medical report is not automatically inadmissible if the doctor who wrote report is unavailable for cross-examination.
Workers' Compensation Sep. 19, 2000
Rucker v. WCAB
Workers' Compensation Judge cannot address issue parties don't raise without giving them opportunity to address issue.
Workers' Compensation Aug. 18, 2000
Sacramento County Office of Education v. WCAB
Reinstatement of vocational rehabilitation benefits must be made within five years of injury.
Workers' Compensation Aug. 18, 2000
Cano v. WCAB
Employer's duty to provide treatment includes cosmetic surgery when facial disfigurement permanent, unchanging condition.
Workers' Compensation Aug. 4, 2000
Culligan v. State Compensation Insurance Fund
Exclusion of coverage for matters covered by workers' compensation laws apply whether employee seeks benefits or files separate civil action.
Workers' Compensation Aug. 4, 2000
Barnes v. WCAB
Board has no jurisdiction over employer's petition to terminate future liability when filed more than five years after date of injury.
Workers' Compensation Aug. 4, 2000