Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B215486
|
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 | |
A127136
|
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 | |
H034853
|
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 | |
H034853
|
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 | |
B218847
|
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 | |
B214481
|
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 | |
B214649
|
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 | |
C061517
|
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 | |
B218847
|
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 | |
08-74397
|
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 | |
08-73370
|
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 | |
B214027
|
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 | |
B214234
|
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 | |
A125585
|
Elliott v. WCAB
Employer must instigate spinal surgery second opinion process following utilization review decision to deny treatment. |
Workers' Compensation |
|
Feb. 25, 2010 | |
C062019
|
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 | |
07-55938
|
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 | |
08-74397
|
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 | |
H034040
|
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 | |
B209336
|
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 | |
B211331
|
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 | |
D054197
|
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 | |
08-803
|
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 | |
B212205
|
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 | |
C061042
|
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 | |
C059760
|
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 | |
G040242
|
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 | |
G040242
|
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 | |
S150528
|
Smith v. WCAB
Employees are not entitled to attorney fees where insurer unsuccessfully disputes requests for specific medical treatment. |
Workers' Compensation |
|
May 11, 2009 | |
B207660
|
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 | |
A120462
|
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 |