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Fireman’s Fund Insurance Co. v. WCAB
Agreement between employers where one employer agreed to obtain insurance coverage for mutual employees does not extinguish joint liability for workers’ compensation claims.
Workers' Compensation Oct. 12, 2010
Bigge Crane & Rigging Co. v. WCAB
Award of additional compensation cannot be sustained where truck crane operator only provided direction to handful of workers to help with disassembly.
Workers' Compensation Oct. 4, 2010
Milpitas Unified School District v. WCAB
Labor Code permits reliance on ‘Guides to the Evaluation of Permanent Impairment,’ including its clinical judgment provision, in deriving workers’ impairment rating.
Workers' Compensation Sep. 3, 2010
Milpitas Unified School District v. WCAB
Labor Code permits reliance on ‘Guides to the Evaluation of Permanent Impairment,’ including its clinical judgment provision, in deriving workers’ impairment rating.
Workers' Compensation Aug. 20, 2010
Alvarez v. WCAB
Ex parte communication with panel qualified medical evaluator is prohibited even if evaluator initiated communication that only involved administrative matters.
Workers' Compensation Aug. 16, 2010
Koszdin v. State Compensation Insurance Fund
Superior court lacks jurisdiction to provide interest on attorney fees derived from Workers’ Compensation Appeals Board award.
Workers' Compensation Jul. 7, 2010
Los Angeles County Fire Dept. v. WCAB
Workers’ compensation rights are statutory rights that end with statute’s repeal before claim’s final judgment.
Workers' Compensation May 27, 2010
Loranger v. Jones
Contractor’s showing of workers’ compensation insurance for employees is sufficient to show his license is not suspended for failing to obtain insurance.
Workers' Compensation May 16, 2010
Alvarez v. WCAB
Ex parte communication with panel qualified medical evaluator is prohibited even if evaluator initiated communication that only involved administrative matters.
Workers' Compensation May 16, 2010
Trachsel v. Rogers Terminal & Shipping Corp.
Unworked, paid holidays are considered 'work days' under Longshore and Harbor Workers' Compensation Act.
Workers' Compensation Mar. 9, 2010
Rhine v. Stevedoring Services of America
Judge properly determines compensation for injured longshoreman based on average wage of all workers in same profession and availability of alternative employment.
Workers' Compensation Mar. 7, 2010
City of Laguna Beach v. California Insurance Guarantee Association
CIGA need not reimburse self-insured employer for benefits paid for cumulative injury if liability is based on period when employer did not buy excess insurance.
Workers' Compensation Mar. 3, 2010
Lara v. Workers' Compensation Appeals Board
Gardener with control over means with which to accomplish result of pruning is independent contractor and not eligible for workers compensation benefits.
Workers' Compensation Feb. 28, 2010
Elliott v. WCAB
Employer must instigate spinal surgery second opinion process following utilization review decision to deny treatment.
Workers' Compensation Feb. 25, 2010
Fireman's Fund Insurance Co. v. WCAB
WCAB improperly sets aside order where law regarding liability was unsettled at time parties entered into stipulation agreement.
Workers' Compensation Feb. 1, 2010
United States Life Insurance Co. v. Superior National Insurance Co.
No misconduct occurs when arbitration panel resorts to closed meetings with experts to resolve dispute among workers’ compensation insurers.
Workers' Compensation Jan. 5, 2010
Trachsel v. Rogers Terminal & Shipping Corp.
Unworked, paid holidays are considered 'work days' under Longshore and Harbor Workers' Compensation Act.
Workers' Compensation Dec. 31, 2009
Duncan v. WCAB
Worker’s disability payments will increase annually beginning Jan. 1, 2004 even though industrial injury occurred on Jan. 20, 2004.
Workers' Compensation Nov. 29, 2009
Gelson's Markets Inc. v. WCAB
Employer is not liable for backpay for preventing employee from returning to work where employer did not treat employee differently from regular workers.
Workers' Compensation Nov. 16, 2009
City of Los Angeles v. WCAB
City is not required to pay additional benefits to state when it awarded benefits to mother of unmarried and childless deceased employee.
Workers' Compensation Nov. 12, 2009
Esquivel v. WCAB
Employer is not liable for workers’ compensation recipient’s injuries sustained while traveling to medical appointment outside 'reasonable geographic area.'
Workers' Compensation Oct. 14, 2009
Opinion of Brown
Entity not licensed to practice medicine cannot perform professional radiology services as part of Medical Provider Network.
Workers' Compensation Sep. 28, 2009
Beverly Hilton Hotel v. WCAB
Applicant is not entitled to vocational rehabilitation benefits where legislature repealed statute on which claim was based while action was pending.
Workers' Compensation Aug. 28, 2009
Baur v. WCAB
Employer is entitled to credit against liability for future payments to injured employee where insurer settled claim on behalf of insolvent insurer.
Workers' Compensation Aug. 24, 2009
J.C. Penney Co. v. WCAB
Temporary disability indemnity credits incorrectly calculated from date of medical examination instead of treating physician's determination.
Workers' Compensation Jul. 9, 2009
Zaragoza v. Ibarra
Worker hired by unlicensed contractor on home remodeling project is outside of workers' compensation system where he worked less than 52 hours.
Workers' Compensation Jul. 2, 2009
Zaragoza v. Ibarra
Worker hired by unlicensed contractor on home remodeling project is outside of workers' compensation system where he worked less than 52 hours.
Workers' Compensation Jun. 10, 2009
Smith v. WCAB
Employees are not entitled to attorney fees where insurer unsuccessfully disputes requests for specific medical treatment.
Workers' Compensation May 11, 2009
Bontempo v. WCAB
Workers' compensation judge errs in failing to apply Labor Code Section 4658 where undisputed evidence supported claim.
Workers' Compensation May 3, 2009
Benson v. WCAB
Apportionment according to causation requires that each distinct industrial injury be separately compensated based on individual contribution to permanent disability.
Workers' Compensation Feb. 12, 2009