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Hertz Corp. v. WCAB
Finding of permanent total disability is improper where based on employee's inability to read and write English.
Workers' Compensation Dec. 18, 2008
Lewis v. WCAB
Injured worker's condition need not be 'permanent and stationary' for Labor Code Section 4660(d) report to indicate permanent disability.
Workers' Compensation Nov. 24, 2008
Travelers Property Casualty Co. of America v. ConocoPhillips Co.
Employer’s waiver of insurer's statutory right to credit against future benefits is valid under workers' compensation insurance policy.
Workers' Compensation Oct. 21, 2008
Medrano v. WCAB
Vocational rehabilitation maintenance allowance is not subject to wage-loss credit where worker is awarded benefits when he also has earnings.
Workers' Compensation Sep. 26, 2008
Dept. of Corrections and Rehabilitation v. WCAB (Alexander)
WCAB properly declined to apportion heart injury where Labor Code Section 4663(e) declared existing law when enacted.
Workers' Compensation Sep. 11, 2008
Duncan v. WCAB
Sanctions may not be imposed against Uninsured Employers Benefits Trust Fund for noncompliance with attorney fee award.
Workers' Compensation Aug. 27, 2008
Mt. Diablo Unified School District v. WCAB
WCAB's decision is annulled where Education Code Section 44043 payments are deemed, in part, to be temporary disability benefits.
Workers' Compensation Aug. 12, 2008
State Compensation Insurance Fund v. WCAB
Employers may not bypass mandatory utilization review process to deny treatment requests by using alternative review method under Labor Code Section 4062.
Workers' Compensation Jul. 8, 2008
Barr v. WCAB
Report's admissibility as evidence under Labor Code Section 5703 lacks bearing on Workers' Compensation Appeals Board's authority to award costs for preparation.
Workers' Compensation Jun. 25, 2008
California Insurance Guarantee Association v. WCAB
Insurer fails to show actual knowledge sufficient to end tolling of limitations period where employer fails to advise injured worker of rights.
Workers' Compensation Jun. 6, 2008
Caso v. Nimrod Productions Inc.
Workers' compensation exclusivity bars injured employee's personal injury action against stunt coordinators who are special employees of Touchstone.
Workers' Compensation Jun. 6, 2008
Anteople Valley Press v. Poizner
Substantial evidence supports administrative findings and decision that newspaper delivery carriers are employees, not independent contractors.
Workers' Compensation Jun. 2, 2008
Facundo-Guerrero v. WCAB
Labor Code Section 4604.5(d) limiting injured workers to 24 chiropractic treatment and physical therapy visits per injury is not unconstitutional.
Workers' Compensation Jun. 2, 2008
Tomlin v. WCAB
Petitioner should have received workers compensation benefits even though he sustained injury while running during his vacation.
Workers' Compensation May 19, 2008
Antelope Valley Press v. Poizner (State Compensation Insurance Fund)
Substantial evidence supports administrative findings and decision that newspaper delivery carriers are employees, not independent contractors.
Workers' Compensation May 2, 2008
Brooks v. WCAB
Under current statutory scheme, state employees are limited to maximum of two years of combined temporary disability indemnity.
Workers' Compensation Apr. 22, 2008
Foster v. WCAB
Petitioner entitled to two periods of temporary disability, which are to run concurrently pursuant to Labor Code Section 4656.
Workers' Compensation Apr. 18, 2008
Zenith Insurance Co. v. WCAB
New Schedule For Rating Permanent Disabilities applies to claim where final disability payment was made after new schedule’s effective date.
Workers' Compensation Jan. 30, 2008
Verga v. Workers' Compensation Appeals Bd.
Public officials and other fiduciaries cannot profit by breach of their fiduciary duty and disgorgement of profits is applicable when this happens.
Workers' Compensation Jan. 28, 2008
Verga v. WCAB
WCAB properly denies compensation where it found that employee's claims of abuse and persecution did not occur.
Workers' Compensation Jan. 24, 2008
Genlyte Group LLC v. WCAB
Treating physician or medical-legal report need not state worker's condition has reached permanent and stationary status to show permanent disability exists.
Workers' Compensation Jan. 7, 2008
Tahara v. Matson Terminals Inc.
Award of attorney fees for work performed to secure late payment award is proper under Longshore and Harbor Workers’ Compensation Act.
Workers' Compensation Dec. 28, 2007
Tanimura & Antle v. WCAB
Although respondent's injury occurred before 2005 reform of Permanent Disability Rating Schedule, new version of schedule still applies.
Workers' Compensation Dec. 20, 2007
Perrillo v. Picco & Presley
Physician's recovery for services rendered is limited where he may only be compensated within workers' compensation system.
Workers' Compensation Dec. 9, 2007
Sharareh v. WCAB
WCAB order sustaining arbitrator’s denial of benefits is annulled because arbitrator failed to provide summary of evidence for basis of denial.
Workers' Compensation Oct. 21, 2007
Hodgman v. WCAB
In workers' compensation case, guardian ad litem was entitled to compensation for duplicative care provided by assisted living facility and employer should bear expense.
Workers' Compensation Oct. 2, 2007
Hodgman v. WCAB
In workers' compensation case, guardian ad litem was entitled to compensation for duplicative care provided by assisted living facility and employer should bear expense.
Workers' Compensation Sep. 12, 2007
Vierra v. Workers' Compensation Appeals Board
WCAB has authority over enforcement of contract setting fees between applicant and his attorney.
Workers' Compensation Sep. 4, 2007
Vera v. Workers' Compensation Appeals Board (State Compensation Insurance Fund)
Old schedule applies to claim arising before Jan. 1, 2005 when physician's report prior to that date indicates permanent and stationary status.
Workers' Compensation Aug. 30, 2007
Vera v. Workers' Compensation Appeals Board (State Compensation Insurance Fund)
Old schedule applies to claim arising before Jan. 1, 2005 when physician's report prior to that date indicates permanent and stationary status.
Workers' Compensation Aug. 30, 2007