Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
96-71069 and 97-70091
|
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 | |
B103379
|
Beckstead v. WCAB
Workers' Compensation Appeals Board abuses its discretion by not considering injured employee's cumulative trauma injury. |
Workers' Compensation |
|
May 26, 1999 | |
B112610
|
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 | |
96-70984
|
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 | |
96-70836
|
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 | |
96-70850 and 96-70915
|
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 | |
A078588
|
Fretland v. County of Humboldt
Workers' compensation is exclusive remedy against employer for claim of assault by co-worker. |
Workers' Compensation |
|
May 24, 1999 | |
A075554
|
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 | |
C024918
|
Janzen v. WCAB
Daughter of California resident killed while working out of state is entitled to death benefits. |
Workers' Compensation |
|
May 21, 1999 | |
G021986
|
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 | |
96-70954
|
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 | |
98-3166
|
Rando v. Standard Insurance Company
Order |
Workers' Compensation |
|
May 21, 1999 | |
B126555
|
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 | |
S066465
|
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 | |
B126145 and B121785
|
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 | |
97-71184
|
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 | |
A080249
|
Vuillemainroy v. American Rock & Asphalt Inc.
Workers' Compensation Act bars tort recovery despite employer's alleged criminal negligence |
Workers' Compensation |
|
Apr. 21, 1999 | |
97-7116
|
Wiles v. Michelin North America Inc.
Injured employee who cannot perform job can be discharged during total disability. |
Workers' Compensation |
|
Apr. 21, 1999 | |
B114628
|
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 | |
B123451
|
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 | |
B109188
|
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 | |
C026835
|
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 | |
F029389
|
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 | |
96-70875
|
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 | |
B118377
|
Johnson v. WCAB
Person determined to be qualified injured worker is entitled to rehabilitation benefits from date of application. |
Workers' Compensation |
|
Apr. 11, 1999 | |
B119418
|
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 | |
G022181
|
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 | |
E021529
|
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 | |
E018614
|
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 | |
S071063
|
Fretland v. Humboldt
Workers' compensation is exclusive remedy against employer for claim of assault by co-worker. |
Workers' Compensation |
|
Mar. 29, 1999 |