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Pettigrew v. WCAB
Prison officer was not injured within course and scope of employment when he stopped to render aid at accident scene.
Workers' Compensation Nov. 16, 2006
Sonoma State University v. WCAB
Claimant seeking benefits for psychiatric injury must prove that entire psychiatric disability was predominantly work-induced.
Workers' Compensation Nov. 6, 2006
Signature Fruit Co. v. WCAB
Seasonal employee is not entitled to temporary disability during off-season where she did not have any earnings.
Workers' Compensation Nov. 6, 2006
Gamble v. WCAB
Employee's earnings from second job were not properly considered in calculating primary employer's liability for vocational rehabilitation benefits.
Workers' Compensation Nov. 5, 2006
New United Motors Manufacturing Inc. v. WCAB
WCAB exceeded its authority when it ordered employer to pay 25 percent penalty for its delay in paying employee's benefits.
Workers' Compensation Nov. 2, 2006
Kopping v. WCAB
Adjusting agency for claimant's employer had burden of proving overlap between current disability and previous disability when establishing right to apportionment.
Workers' Compensation Nov. 2, 2006
M. Cutter Co. Inc. v. Carroll
Under LHWCA, upon determination of scope of attendant care claimant requires, employer is mandated to pay for cost of providing it.
Workers' Compensation Oct. 19, 2006
Sierra Pacific Industries v. WCAB
WCAB's decision denying reconsideration is not proper where Senate Bill establishing new guidelines for reasonable medical treatment is applicable.
Workers' Compensation Oct. 16, 2006
Zenith Insurance Co. v. WCAB
To establish right to reimbursement, lien claimants bear burden of proving they are properly licensed or accredited.
Workers' Compensation Aug. 28, 2006
California State Automobile Association Inter-Insurance Bureau v. Workers' Compensation Appeals Board
Under Labor Code, house painter is not employee for workers' compensation purposes because he did not meet requisite earnings or hours.
Workers' Compensation Aug. 22, 2006
California Insurance Guarantee Association v. WCAB
Insurance Code Section 1063.1(c)(4) renders California Insurance Guarantee Association not liable to Employment Development Dept. for lien reimbursement.
Workers' Compensation Aug. 22, 2006
Tilbury Constructors Inc. v. State Compensation Insurance Fund
Employer could not state claim against workers' compensation carrier for carrier's alleged failure to properly investigate and exercise its subrogation rights.
Workers' Compensation Aug. 7, 2006
California Insurance Guarantee Association v. WCAB
Insurance Code Section 1063.1(c)(4) renders California Insurance Guarantee Association not liable to Employment Development Dept. for lien reimbursement.
Workers' Compensation Jul. 10, 2006
Nunez v. Workers' Compensation Appeals Board
Workers' compensation administrative law judge's order compelling petitioner to attend evaluation is proper under former Labor Code Sections 4061 or 4062.
Workers' Compensation Jun. 15, 2006
McCarthy v. Workers' Compensation Appeals Board
Workers' Compensation Judge properly calculated penalties against employer under reformed Labor Code section.
Workers' Compensation Jun. 15, 2006
City of Stockton v. Workers' Compensation Appeals Board
City's general policy that officers stay fit did not justify workers' compensation award for injury arising from off-duty pick-up basketball game.
Workers' Compensation Apr. 10, 2006
McCarthy v. Workers' Compensation Appeals Board
Workers' Compensation Judge properly calculated penalties against employer under reformed Labor Code section.
Workers' Compensation Apr. 7, 2006
E & J Gallo Winery v. Workers' Compensation Appeals Board
Employee who sustained multiple disabling injuries is entitled to compensation for total disability above any percentage previously awarded.
Workers' Compensation Mar. 29, 2006
California Insurance Guarantee Association v. WCAB
Insurance Code Section 1063.1(c)(4) renders California Insurance Guarantee Association not liable to Employment Development Dept. for lien reimbursement.
Workers' Compensation Mar. 22, 2006
County of San Luis Obispo v. Workers' Compensation Appeals Board
Workers' Compensation Appeals Board finding that county discriminated when it took therapist off work was not supported by substantial evidence.
Workers' Compensation Jan. 25, 2006
Jackson v. Workers' Compensation Appeals Board
Employer failed to rebut claim that employee's heart condition was caused by industrial event.
Workers' Compensation Jan. 25, 2006
Farmers Brothers Coffee v. Workers' Compensation Appeals Board
Illegal alien worker fits definition of employee in California for workers' compensation purposes.
Workers' Compensation Jan. 24, 2006
Grupe Co. v. Workers' Compensation Appeals Board
Disclosure of expert witness' identity at close of discovery made his trial testimony admissible.
Workers' Compensation Dec. 29, 2005
Grupe Co. v. Workers' Compensation Appeals Board
Disclosure of expert witness' identity at close of discovery made his trial testimony admissible.
Workers' Compensation Nov. 29, 2005
Leegin Creative Leather Products Inc. v. Carolina Santiaguin Diaz
Employer cannot establish justifiable reliance or damage in its claim that employee filed fraudulent workers' compensation claim.
Workers' Compensation Nov. 11, 2005
California Insurance Guarantee Assoc. v. Workers' Compensation Appeals Board (American Motorists Insurance Co.)
Insurance guarantee association is not required to reimburse insurer for benefits paid to injured party.
Workers' Compensation Nov. 10, 2005
Rio Linda Union School District v. Workers' Compensation Appeals Board
New apportionment law applies to case submitted before effective date when award was issued after effective date.
Workers' Compensation Oct. 25, 2005
General Casualty Insurance v. Workers' Compensation Appeals Board
Workers' compensation policy of special employer is not available as 'other insurance' when general employer's insurer goes out of business.
Workers' Compensation Oct. 25, 2005
Leegin Creative Leather Products Inc. v. Carolina Santiaguin Diaz
Employer cannot establish justifiable reliance or damage in its claim that employee filed fraudulent workers' compensation claim.
Workers' Compensation Oct. 10, 2005
Marsh v. Workers' Compensation Appeals Board
New apportionment provisions enacted by 2004 workers' compensation legislation applies to pending appeal.
Workers' Compensation Oct. 5, 2005