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Maranian v. Workers' Compensation Appeals Board
Interim Board decision that determines threshold issues of liability is reviewable.
Workers' Compensation Aug. 4, 2000
Romero v. Apfel
Order
Workers' Compensation Aug. 1, 2000
Wyoming Fuel Co. v. U.S. Dept. of Labor
Order
Workers' Compensation Aug. 1, 2000
White v. Industrial Claim Appeals.
Injury resulting from recreational activity not compensable under worker's compensation act.
Workers' Compensation Aug. 1, 2000
T.W.M. Custom Framning v. The Industrial Commission
Death benefits can be awarded when a job-related physical injury substantially contributes to an employees suicide.
Workers' Compensation Jul. 6, 2000
Tenet/Centinela Hospital Medical Center v. Rushing
Labor Code Sections 4061 and 4602 apply when switching doctors if treating physician discharges patient.
Workers' Compensation Jun. 30, 2000
99 Cents Only Stores v. WCAB
Non-attorney who represents injured employee at workers' compensation proceeding is not entitled to same fees as licensed attorneys.
Workers' Compensation Jun. 29, 2000
Waters v. WCAB
Repeated and continuous late payment of permanent disability benefits is unreasonable where delay is not result of human error.
Workers' Compensation Jun. 29, 2000
Magnetic Engineering Inc. v. Industrial Claim Appeals Office
Claimant not required to prove entitlement to temporary disability benefits by clear and convincing evidence.
Workers' Compensation Jun. 14, 2000
Delange v. Dutra Construction Co.
Construction platform worker isn't a seaman whose injuries are covered by Jones Act.
Workers' Compensation Jun. 14, 2000
Del Taco v. WCAB
Injured employee is not entitled to vocational rehabilitation benefits where he is unable to return to work solely because of immigration status.
Workers' Compensation Jun. 1, 2000
Reeves v. WCAB
Rebuttable presumption of industrial causation of heart trouble applies to correctional officers and other employees with duties custodial in nature.
Workers' Compensation Jun. 1, 2000
Sakotas v. WCAB
Under Labor Code Section 3208.3(b)(1), establishing test of predominance for psychiatric injury is permissible exercise of legislative power.
Workers' Compensation Jun. 1, 2000
PM & R Associates v. WCAB
Adjunct physical therapy services rendered by medical assistants are not illegal per se and may be reimbursable.
Workers' Compensation Jun. 1, 2000
Marine Power & Equipment v. Dept. of Labor
Employer isn't eligible for second-injury reduction in liability benefits payable for worker's disability that may be materially greater because of preexisting condition.
Workers' Compensation May 5, 2000
Kuykendall v. WCAB
Previously undiscovered evidence submitted after mandatory settlement conference as rebuttal to trial testimony is admissible when necessary to accomplish substantial justice.
Workers' Compensation May 5, 2000
Bailey v. Reliance Insurance Co.
Workers' compensation carrier cannot file motion under Civil Procedure Code Section 877.6 that employee settled claim in bad faith.
Workers' Compensation May 5, 2000
Smith v. WCAB
Police officer, who injures himself at work by punching wall, is entitled to workers' compensation benefits.
Workers' Compensation May 5, 2000
Bohn v. Industrial Commission of Arizona (Special Fund Division/No Insurance Section)
Employee's disability benefits should not be forfeited just because he did not obtain Special Fund's approval of third-party settlement.
Workers' Compensation May 2, 2000
Rosales v. Depuy Ace Medical Company
Using broad definition of 'power press', injuries from such machines aren't limited to workers' compensation recovery.
Workers' Compensation Mar. 30, 2000
Taylor v. 363 Director, Office of Workers Compensation Programs
Employer can't offset dead employee's death benefit liability against third party settlement entered into by employee's surviving spouse.
Workers' Compensation Mar. 30, 2000
Arenas v. The Industrial Claim Appeals Office of the State of Colorado
Temporary total disability benefit must be reduced by 50 percent where injury is caused by claimants intoxication.
Workers' Compensation Mar. 22, 2000
County of Sacramento v. WCAB
Workers' Compensation Appeals Board's failure to allow stipulation in proceeding is cause to annul decision.
Workers' Compensation Mar. 2, 2000
Salazar v. The Industrial Claim Appeals Office
Claimant receiving permanent total disability benefits entitled to cost of living adjustment.
Workers' Compensation Feb. 9, 2000
Dept. of Corrections v. WCAB
Correction officer's disability payment compensability must be reconsidered using correct legal standard based on non-violent legitimate personnel action.
Workers' Compensation Jan. 28, 2000
Esser v. The Industrial Claim Appeals Office
Requirement that mental impairment claimant produce live expert testimony violates claimant's equal protection rights.
Workers' Compensation Jan. 25, 2000
Washington Elementary School District v. The Industrial Commission of Arizona
When employee becomes eligible for workers' compensation benefits, employer is entitled to full reimbursement for all short-term disability benefits paid.
Workers' Compensation Jan. 25, 2000
Richards v. The Industrial Claim Appeals Office
Claimant at maximum medical improvement may not reopen claim because of increased pain caused by temporary change in medication.
Workers' Compensation Jan. 25, 2000
Colorado Compensation Insurance Authority v. Jorgensen
Worker's compensation insurer does not have subrogation rights against worker's recovery of non-economic damages from tortfeaser.
Workers' Compensation Jan. 24, 2000
Boehm & Associates v. Workers Compensation Appeals Board
Interest on medical bills, compensable under workers' compensation but unpaid because employer challenges liability, accrues 60 days after employer receives bill.
Workers' Compensation Dec. 30, 1999