Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
H032438
|
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 | |
C057392
|
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 | |
06-15664
|
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 | |
B202828
|
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 | |
C057410
|
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 | |
C056727
|
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 | |
A121204
|
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 | |
S149257
|
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 | |
C054907
|
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 | |
B199404
|
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 | |
B198347
|
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 | |
B198139
|
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 | |
A119814
|
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 | |
B199429
|
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 | |
B198139
|
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 | |
F053350
|
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 | |
C056820
|
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 | |
B197186
|
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 | |
C055711
|
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 | |
C055711
|
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 | |
B198100
|
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 | |
05-17306
|
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 | |
H031049
|
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 | |
B182561
|
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 | |
A113864
|
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 | |
B194696
|
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 | |
B194696
|
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 | |
C054091
|
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 | |
D049629
|
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 | |
D049629
|
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 |