Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C052030
|
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 | |
A113590
|
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 | |
F048255
|
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 | |
G034577
|
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 | |
A112640
|
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 | |
C051885
|
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 | |
04-73937
|
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 | |
C050589
|
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 | |
D046783
|
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 | |
A111888
|
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 | |
B180525
|
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 | |
C049150
|
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 | |
B180525
|
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 | |
B182381
|
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 | |
C049516
|
McCarthy v. Workers' Compensation Appeals Board
Workers' Compensation Judge properly calculated penalties against employer under reformed Labor Code section. |
Workers' Compensation |
|
Jun. 15, 2006 | |
C050085
|
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 | |
C049516
|
McCarthy v. Workers' Compensation Appeals Board
Workers' Compensation Judge properly calculated penalties against employer under reformed Labor Code section. |
Workers' Compensation |
|
Apr. 7, 2006 | |
F047246
|
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 | |
B180525
|
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 | |
B182145
|
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 | |
C049041
|
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 | |
B180839
|
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 | |
C041291
|
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 | |
C041291
|
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 | |
B173872
|
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 | |
B172056
|
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 | |
C048298
|
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 | |
B167017
|
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 | |
B173872
|
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 | |
F046106
|
Marsh v. Workers' Compensation Appeals Board
New apportionment provisions enacted by 2004 workers' compensation legislation applies to pending appeal. |
Workers' Compensation |
|
Oct. 5, 2005 |