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Ramey v. Stevedoring Services of America
Summary affirmance provision of Omnibus Consolidated Rescissions and Appropriations Act doesn't violate separation of powers.
Workers' Compensation May 27, 1999
Beckstead v. WCAB
Workers' Compensation Appeals Board abuses its discretion by not considering injured employee's cumulative trauma injury.
Workers' Compensation May 26, 1999
Housing Authority of the City of Los Angeles v. WCAB
Workers' Compensation Appeals Board has jurisdiction to determine if Housing Authority's chief of police is employee.
Workers' Compensation May 26, 1999
Jones Stevedoring Co. v. Director, Office of Workers Compensation Programs
Statute of limitations period begins to run when hearing-loss claimant's attorney receives audiogram.
Workers' Compensation May 26, 1999
Saipan Stevedore Co. Inc. v. Director, Office of Workers' Compensation Programs
Longshore and Harbor Workers' Compensation Act applies to Commonwealth of Northern Mariana Islands.
Workers' Compensation May 26, 1999
Kashuba v. Legion Insurance Co.
Employer's showing of prejudice from untimely notice need not include evidence of post-notice investigation attempts.
Workers' Compensation May 26, 1999
Fretland v. County of Humboldt
Workers' compensation is exclusive remedy against employer for claim of assault by co-worker.
Workers' Compensation May 24, 1999
Middletown Rancheria of Pomo Indians v. WCAB
Workers' Compensation Appeals Board doesn't have subject matter jurisdiction over federally recognized Indian tribe.
Workers' Compensation May 24, 1999
Janzen v. WCAB
Daughter of California resident killed while working out of state is entitled to death benefits.
Workers' Compensation May 21, 1999
McClune v. WCAB
Worker's Compensation Appeals Board doesn't exceed its power by taking additional evidence where there is conflict.
Workers' Compensation May 21, 1999
Todd Shipyards Corp. v. Director, Office of Workers Compensation Programs
No setoff for amounts employee receives from third parties where disability results from two distinct injuries.
Workers' Compensation May 21, 1999
Rando v. Standard Insurance Company
Order
Workers' Compensation May 21, 1999
General Dynamics Corp. v. WCAB
Asbestos exposure claim could be barred on res judicata grounds if injury known at time of prior settlement for asthma injury.
Workers' Compensation May 20, 1999
Foodmaker Inc. Et Al. v. Workers' Compensation Appeals Board Et Al.,
Undocumented alien injured at work isn't entitled to training for new occupation in home country.
Workers' Compensation May 19, 1999
VPS Management, Inc. v. Pacific Rim Assurance Company
No private right of action exists for alleged violations of reporting requirements for workers' compensation insurance.
Workers' Compensation May 6, 1999
Duhagon v. Metropolitan Stevedore Co.
Denial of permanent disability benefits properly based upon unequivocal physician's testimony despite statutory presumption of causation.
Workers' Compensation Apr. 29, 1999
Vuillemainroy v. American Rock & Asphalt Inc.
Workers' Compensation Act bars tort recovery despite employer's alleged criminal negligence
Workers' Compensation Apr. 21, 1999
Wiles v. Michelin North America Inc.
Injured employee who cannot perform job can be discharged during total disability.
Workers' Compensation Apr. 21, 1999
Wood v. Workers' Compensation Appeals Board
Medical-legal report is admissible if reporting doctor made good faith effort to identify others performing services.
Workers' Compensation Apr. 19, 1999
Scheffield Medical Group Inc. v. Workers' Compensation Appeals Board
Medical-legal reports inadmissible when office assistant exercises technical function of taking X-rays without legal authority.
Workers' Compensation Apr. 14, 1999
Drain v. Betz Laboratories Inc.
Upon statement of total inability to work in workers' compensation proceeding, judicial estoppel bars subsequent claim.
Workers' Compensation Apr. 13, 1999
City of Richmond v. Commission on State Mandates (State of California)
Statute eliminating offset for certain workers' compensation death benefits isn't a reimbursable state mandate.
Workers' Compensation Apr. 12, 1999
Bakersfield v. WCAB
Individual designated as witness by one party but not called may be cross-examined by other party.
Workers' Compensation Apr. 12, 1999
Moyle v. Director, Office of Workers' Compensation Programs
Disability payments under Longshore and Harbor Workers' Compensation Act may be garnished for spousal support.
Workers' Compensation Apr. 11, 1999
Johnson v. WCAB
Person determined to be qualified injured worker is entitled to rehabilitation benefits from date of application.
Workers' Compensation Apr. 11, 1999
M/A Com-Phi v. WCAB
Opinions of reporting doctors aren't substantial evidence if they haven't viewed relevant surveillance films.
Workers' Compensation Apr. 1, 1999
Costa v. Workers' Compensation Appeals Board
Statute authorizing creation, through collective bargaining, of alternative procedures for workers' compensation claims is valid
Workers' Compensation Mar. 30, 1999
G.E. Engine Maintenance/Electric Insurance v. Workers' Compensation Appeals Board
Driving on street with trucks and vans doesn't meet 'special risk' exception to workers' compensation law's 'coming and going' rule.
Workers' Compensation Mar. 29, 1999
Tudor Ranches Inc. v. State Compensation Insurance Fund
Appeal from stipulated judgment is proper where unadjudicated causes of action were dismissed with prejudice.
Workers' Compensation Mar. 29, 1999
Fretland v. Humboldt
Workers' compensation is exclusive remedy against employer for claim of assault by co-worker.
Workers' Compensation Mar. 29, 1999