Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
96-0336
|
Morongo Band of Mission Indians v. Stach
Eleventh Amendment bars court from exercising jurisdiction over Workers' Compensation Appeals Board. |
Workers' Compensation |
|
Jun. 20, 1999 | |
B099392
|
Tyler v. WCAB
Workers' compensation judge can direct further medical examination to resolve doubts on industrial causation. |
Workers' Compensation |
|
Jun. 20, 1999 | |
S060963
|
Andreacchi v. The Price Co.
Amendments to Fair Employment and Housing Act do not change workers' compensation law's exclusivity provisions. |
Workers' Compensation |
|
Jun. 18, 1999 | |
96-70852
|
Reynolds v. Todd Pacific Shipyards Corp.
Forfeiture under Longshore Act after unauthorized third-party settlements applies even if claimant not receiving benefits. |
Workers' Compensation |
|
Jun. 17, 1999 | |
95-16476
|
Cabral v. Healy Tibbits Builders Inc.
Crane operator driving piles from barge at ferry mooring doesn't qualify as 'seaman' under Jones Act. |
Workers' Compensation |
|
Jun. 17, 1999 | |
B095395
|
MacGregor Yacht Corp. v. State Compensation Insurance Fund
Carrier's obligation to investigate and defend claims requires reasonableness and good faith. |
Workers' Compensation |
|
Jun. 16, 1999 | |
B095395
|
MacGregor Yacht Corp. v. State Compensation Insurance Fund
Carrier's obligation to investigate and defend claims requires reasonableness and good faith. |
Workers' Compensation |
|
Jun. 16, 1999 | |
S055679
|
La Tourette v. WCAB
Employment isn't substantial contributing cause of employee's death after heart attack suffered during business trip. |
Workers' Compensation |
|
Jun. 15, 1999 | |
B099684
|
Southern California Edison Co. v. Workers' Compensation Appeals Board (Tate)
Previous workers' compensation benefits paid to employee must be included in calculating employer's credit threshold. |
Workers' Compensation |
|
Jun. 15, 1999 | |
96-70794
|
Alcala v. Director, Office of Workers Compensation Programs
Aquaculture worker with occasional maritime tasks isn't covered by Longshore and Harbor Workers' Compensation Act. |
Workers' Compensation |
|
Jun. 15, 1999 | |
A074144
|
Jones v. Dutra Construction
Longshore and harbor workers' act provision bars vessel-owner negligence action, for dredging operation injury. |
Workers' Compensation |
|
Jun. 14, 1999 | |
B105593
|
Ralphs Grocery Co. v. WCAB
Employee who dies of heart attack after being laid off isn't entitled to death benefits. |
Workers' Compensation |
|
Jun. 14, 1999 | |
95-16476
|
Cabral v. Healy Tibbits Builders Inc.
Crane operator driving piles from barge at ferry mooring doesn't qualify as 'seaman' under Jones Act. |
Workers' Compensation |
|
Jun. 14, 1999 | |
96-70041
|
McGray Construction Co. v. Director, Workers Compensation Programs
Injured employee performing nonmaritime work can be covered under Longshoremen's and Harbor Workers' Compensation Act. |
Workers' Compensation |
|
Jun. 12, 1999 | |
B100236
|
CNA Insurance Co. v. Workers' Compensation Appeals Board
Workers' Compensation Appeals Board has jurisdiction to award benefits to worker previously compensated under Jones Act. |
Workers' Compensation |
|
Jun. 12, 1999 | |
B097115
|
Aubry v. WCAB
Service of claim form with notice of lawsuit is sufficient to give Appeals Board jurisdiction. |
Workers' Compensation |
|
Jun. 11, 1999 | |
A077286
|
Runnion v. WCAB
Appeals Board's sanctions order against attorney for failure to appear is correct, but contempt order is not. |
Workers' Compensation |
|
Jun. 10, 1999 | |
B108201
|
Martin v. WCAB (Hughes Aircraft Co.)
Statements of independent witness employee don't become privileged simply because given in anticipation of litigation. |
Workers' Compensation |
|
Jun. 10, 1999 | |
B107353
|
Estrada v. WCAB
Board's decision regarding employee's vocational rehabilitation rights based on unenforceable agreement is erroneous. |
Workers' Compensation |
|
Jun. 9, 1999 | |
B107353
|
Estrada v. WCAB (Corporate Graphics, Nationwide Mutual Insurance Company and California Casualty)
Board's decision regarding employee's vocational rehabilitation rights based on unenforceable agreement is erroneous. |
Workers' Compensation |
|
Jun. 9, 1999 | |
S065546
|
Avalon Bay Foods v. Workers' Compensation Bd.
Penalty for delays in reimbursing workers' compensation claimant only applies to unreasonably delayed benefit. |
Workers' Compensation |
|
Jun. 7, 1999 | |
D028509 and D028762
|
Industrial Indemnity Co. v. WCAB
California Insurance Guarantee Association isn't liable for employee's cumulative injuries where other insurers are adjudicated liable. |
Workers' Compensation |
|
Jun. 7, 1999 | |
D025295
|
Lenane v. Continental Maritime of San Diego Inc.
Tort action under Labor Code isn't barred by Longshore and Harbor Workers' Compensation Act's remedy provision. |
Workers' Compensation |
|
Jun. 7, 1999 | |
96-70843
|
Transbay Container Terminal v. U.S. Dept. of Benefits Review Board
Medical records showing risk factors for fatal disability don't make employee's condition 'manifest' to employer. |
Workers' Compensation |
|
Jun. 7, 1999 | |
S057387
|
State Farm Fire and Casualty Co. v. WCAB
Son injured while working for father is covered employee for workers' compensation benefits. |
Workers' Compensation |
|
Jun. 6, 1999 | |
S055679
|
LaTourette v. WCAB
Employee's death isn't compensable since heart attack didn't arise out of and in course of employment. |
Workers' Compensation |
|
Jun. 6, 1999 | |
97-70180 and 97-70184
|
McNutt v. Benefits Review Board
Per diem used for food or lodging isn't includable as 'wage' for purposes of calculating disability benefits. |
Workers' Compensation |
|
Jun. 6, 1999 | |
B108201
|
Martin v. WCAB
Statements of independent witness employee don't become privileged simply because given in anticipation of litigation. |
Workers' Compensation |
|
Jun. 4, 1999 | |
D027542
|
Grossmont Hospital v. WCAB
Wage increases scheduled or reasonably anticipated at time of injury are factors in determining earning capacity. |
Workers' Compensation |
|
Jun. 4, 1999 | |
G015835
|
American International Adjustment Co., Inc. v. Crawford
Workers' Compensation insurer isn't sanctionable for filing tort action and administrative complaint for same alleged fraud. |
Workers' Compensation |
|
Jun. 3, 1999 |