Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S097104
|
Jefferson v. California Dept. of Youth Authority
In workers' compensation proceeding, 'compromise and release,' that includes attachment showing parties' intent to include civil claims, bars civil action under FEHA. |
Workers' Compensation |
|
Aug. 8, 2002 | |
00CA1917
|
Helmsman v. Colorado Dept. of Labor and Employment
Third-party administrator is not entitled to share in proceeds of bond required for self-insurance. |
Workers' Compensation |
|
Aug. 7, 2002 | |
01CA2088
|
Kroupa v. Industrial Claim Appeals Office of Colorado
Evidentiary hearing held via video teleconference did not violate claimant's due process rights. |
Workers' Compensation |
|
Jul. 29, 2002 | |
01CA0072
|
University Park Care Center v. Industiral Claim Office
Apportionment of medical benefits appropriate where current injury is result of aggravation of earlier injury. |
Workers' Compensation |
|
Jul. 11, 2002 | |
F038425
|
Gee v. WCAB
Workers' compensation judge failed to apply treating physician's presumption of correctness. |
Workers' Compensation |
|
Jul. 3, 2002 | |
01-0012
|
Tabler v. Industrial Commission of Arizona
Oral compromise and settlement agreement may be enforced against employer even though claimant died before written agreement was executed. |
Workers' Compensation |
|
Jun. 19, 2002 | |
00CA1061
|
Alexander v. Industrial Claim Appeals Office
Claimant who failed to make timely request for benefits from insurer in receivership was barred from receiving such benefits. |
Workers' Compensation |
|
Jun. 12, 2002 | |
00-0375
|
Hendrickson v. The Industrial Commission of Arizona
Court applies equitable approach in determining effect of claimant's failure to obtain approval of settlement from worker's compensation carrier. |
Workers' Compensation |
|
Jun. 6, 2002 | |
01CA0865
|
Leming v. Industrial Claim Appeals Office.
Where occupational disease has not resulted in disability, determination of permanent disability benefits is premature. |
Workers' Compensation |
|
May 15, 2002 | |
01-0239
|
Douglas Auto & Equipment v. Industrial Commission of Arizona
Employee's delay in reporting injury to employer was excusable and he is not barred from receiving workers' compensation. |
Workers' Compensation |
|
May 14, 2002 | |
01-0079
|
Stout v. State Compensation Fund
Employee has duty to disclose settlement agreement and stipulated trial procedures in suit against third party to workers' compensation carrier. |
Workers' Compensation |
|
May 13, 2002 | |
A093061
|
Lockheed Martin v. Workers' Compensation Appeals Board
Labor Code Section 3208.3 applies to all psychiatric injury claims, including those resulting from physical work injuries. |
Workers' Compensation |
|
Apr. 29, 2002 | |
A095914
|
Smith v. WCAB
Rent of $150 paid by deceased adult son does not make parents dependents of son for purposes of receiving death benefits. |
Workers' Compensation |
|
Apr. 5, 2002 | |
B151002
|
Smith v. Workers' Compensation Appeals Board
Because independent contractor hadn't received notice of suspension, thus holding valid license, general contractor isn't liable for injuries of independent contractor's employee. |
Workers' Compensation |
|
Apr. 4, 2002 | |
01CA0464
|
Colorado Springs Disposal v. Industrial Claim Appeals Office
Employee is entitled to temporary total disability benefits even though he was terminated for careless driving. |
Workers' Compensation |
|
Mar. 28, 2002 | |
00CA1533
|
Thornbury v. Allen
Employee's claim for damages precluded by exclusive remedy provisions of worker's compensation act. |
Workers' Compensation |
|
Mar. 21, 2002 | |
00CA1991
|
Public Service Co v. Industrial Claim Appeals Office
Impairment benefits not apportioned where subsequent injury was independently disabling. |
Workers' Compensation |
|
Mar. 21, 2002 | |
01CA1200
|
MGM Supply Co. v. Industrial Claim Appeals Office.
Workers' Compensation Act does not violate constitutional provision vesting jurisdiction of civil disputes in the district court. |
Workers' Compensation |
|
Mar. 20, 2002 | |
01CA0077
|
Giddings v. Industrial Claim Appeals Office
Insurer liable for penalties for failure to comply with order of ALJ. |
Workers' Compensation |
|
Mar. 20, 2002 | |
00CA2252
|
Janssen v. The Industrial Claim Appeals Office.
Cap on treatment expenses in workers' compensation cases also applies to certain litigation expenses. |
Workers' Compensation |
|
Mar. 20, 2002 | |
26601-6
|
Harrison Memorial Hospital v. Gagnon
Applicant challenging findings of Board of Industrial Insurance Appeals has burden of persuasion in court. |
Workers' Compensation |
|
Mar. 14, 2002 | |
01-0053
|
Lovitch v. Industrial Commission of Arizona
Res judicata bars relitigation of whether worker's injury was industrially related. |
Workers' Compensation |
|
Mar. 13, 2002 | |
01CA0852
|
Cordova v. Industrial Claim Appeals Office
In petition to reopen, opinion of doctor conducting independent medical examination is not entitled to presumptive effect. |
Workers' Compensation |
|
Mar. 7, 2002 | |
F035445
|
Wright v. Beverly Fabrics Inc.
Workers' compensation is exclusive remedy for employee injured at work on day off. |
Workers' Compensation |
|
Mar. 6, 2002 | |
01-70201
|
Johnston v. Director, Office of Workers Compensation Programs
Claimant's post-injury earnings need not be adjusted for inflation if actual wages have remained stagnant. |
Workers' Compensation |
|
Mar. 4, 2002 | |
C037880
|
City of Sacramento v. WCAB
'Fire recruit' is not firefighter entitled to enhanced benefits under Labor Code Section 4850. |
Workers' Compensation |
|
Feb. 20, 2002 | |
00-71391
|
Matson Terminals Inc. v. Berg
Two benefit periods are awarded for employee's two 'discrete' knee injuries arising from same accident. |
Workers' Compensation |
|
Jan. 29, 2002 | |
00-71273
|
DeWeert v. Stevedoring Services of America
Benefit award of $1 per week is proper after finding post-injury wage-earning capacity exceeds pre-injury wage-earning capacity. |
Workers' Compensation |
|
Jan. 23, 2002 | |
00-70762
|
Alexander v. Director, Office of Workers' Compensation Programs
Last responsible employer is not entitled to credit for amount owed to employee based on settlements with other employers. |
Workers' Compensation |
|
Jan. 7, 2002 | |
00-0003
|
Tucson District v. The Industrial Commission of Arizona
Physical symptoms or manifestations of noncompensable mental conditions are not statutorily compensable. |
Workers' Compensation |
|
Jan. 7, 2002 |