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Wood v. WCAB
Medical-legal report is admissible if reporting doctor made good faith effort to identify others performing services.
Workers' Compensation Mar. 29, 1999
Avalon Bay Foods v. WCAB
Employer or insurer has 60 days to reimburse injured worker for medical treatment transportation costs.
Workers' Compensation Mar. 26, 1999
State Compensation Insurance Fund v. WCAB
Clerical error causing one-week delay in payment of benefits doesn't trigger 10 percent statutory penalty.
Workers' Compensation Mar. 26, 1999
Tensfeldt v. WCAB
Worker convicted of insurance fraud is barred from receiving benefits in connection with underlying injury.
Workers' Compensation Mar. 26, 1999
Brassinga v. City of Mountain View
Conflicting evidence bars directed verdict that city wasn't employer of person killed in police training exercise.
Workers' Compensation Mar. 26, 1999
Benafield v. Industrial Commission of Arizona
Failure to hear treating physician's testimony regarding magnitude of plaintiff's injury is error.
Workers' Compensation Mar. 25, 1999
Marcus v. State of Kansas
State assessment fee for disabled parking placards is considered a 'fee' rather than a 'tax.'
Workers' Compensation Mar. 24, 1999
Keulen v. WCAB
New, undisputed medical evidence rebuts presumption that original treating physician's evaluation was correct.
Workers' Compensation Mar. 19, 1999
State Compensation Insurance Fund v. WCAB
Payment of benefits within time period specified by settlement agreement doesn't violate Labor Code.
Workers' Compensation Mar. 19, 1999
Matulic v. Director, Office of Workers Compensation Programs
Benefits are based on worker's pay at time of injury though he didn't work full-time throughout measuring year.
Workers' Compensation Mar. 18, 1999
Amos v. Director, Office of Workers' Compensation Programs
Injured employee faced with differing, medically reasonable treatment options may choose among them.
Workers' Compensation Mar. 17, 1999
Foodmaker Inc. v. WCAB
Undocumented alien injured at work isn't entitled to training for new occupation in home country.
Workers' Compensation Mar. 15, 1999
Sabath v. WCAB
Salary received during period of entitlement of maintenance isn't credited toward cap on rehabilitation benefits.
Workers' Compensation Mar. 12, 1999
Keulen v. WCAB
New, undisputed medical evidence rebuts presumption that original treating physician's evaluation was correct.
Workers' Compensation Mar. 12, 1999
Neel v. Workers' Compensation Appeals Board
Settlement doesn't prevent penalties from being assessed for prior acts of unreasonable delay.
Workers' Compensation Mar. 12, 1999
American Manufacturers Mutual Insurance Co. v. Sullivan
Private insurers not subject to Fourteenth Amendment constraints absent close nexus between State and challenged action.
Workers' Compensation Mar. 11, 1999
Chevron, U.S.A., Inc. v. Workers' Compensation Appeals Board
Workers' Compensation Act doesn't restrict type of income used to calculate surviving spouse's death benefits
Workers' Compensation Mar. 10, 1999
Cerka v. Salt Lake County
Order
Workers' Compensation Mar. 4, 1999
County of Sacramento v. Workers' Compensation Appeals Board
No penalty for unreasonable delay in payment of benefits where eight days late due to clerical error.
Workers' Compensation Feb. 26, 1999
Gonzales v. Workers' Compensation Appeals Board and Hunt-Wesson, Inc.
Injured worker isn't allowed disability benefits when there is no evidence of actual wage loss.
Workers' Compensation Feb. 26, 1999
Biggers v. Workers' Compensation Appeals Board
Courtroom bailiffs are deemed 'active law enforcement' and qualify for paid leave of absence for work disability.
Workers' Compensation Feb. 26, 1999
Amos v. Director, Office of Workers' Compensation Programs
Injured employee faced with differing, medically reasonable treatment options may choose among them.
Workers' Compensation Feb. 26, 1999
G.E. Engine Maintenance/Electric Ins. v. Workers' Compensation Appeals Board
Driving on street with trucks and vans doesn't meet 'special risk' exceptions to worker's compensation law's 'coming and going' rule.
Workers' Compensation Feb. 22, 1999
County of Sacramento v. Worker's Compensation Appeals Board and Pamela Estrada
Worker's compensation judge lacks authority to leave discovery open after mandatory settlement conference.
Workers' Compensation Feb. 19, 1999
Huggard v. Golden Corral Corporation
Order
Workers' Compensation Feb. 10, 1999
M&M Management Company v. The Industrial Claim Appeals Office of the State of Colorado
Management company held to be statutory employer of employee hired by subcontractor.
Workers' Compensation Dec. 10, 1998
Nelson v. The Industrial Claim Appeals Office of the State of Colorado
Independent contractor distinguished from employee for purposes of worker's compensation benefits.
Workers' Compensation Dec. 10, 1998
Schneider National Carriers Inc. v. The Industrial Claim Appeals Office of the State of Colorado
Failure to file petition for review of supplemental order precludes employer from obtaining review of Panel decision.
Workers' Compensation Nov. 26, 1998
Cibola Construction v. The Industrial Claim Appeals Office of the State of Colorado
Claimant entitled to amount of permanent partial injury benefits listed in final admission without offset or credit to employer.
Workers' Compensation Nov. 14, 1998
Egan v. The Industrial Claim Appeals Office of the State of Colorado
Employer's challenge to award for permanent disability fails where no independent medical examination performed.
Workers' Compensation Nov. 14, 1998