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Name Category Published
Pacesetter Corp. v. Collett
Employee on personal deviation from work is not entitled to workers' compensation benefits. 		Workers' Compensation Jan. 7, 2002
Telles Transport Inc. v. WCAB
Workers' Compensation Appeals Board abused discretion by ordering judge to admit evidence claimant intentionally withheld. 		Workers' Compensation Nov. 29, 2001
Draper v. Aceto
When attorneys separately represent employer and its employee against third party, employee's attorney fees must come out of employee's share of recovery. 		Workers' Compensation Nov. 28, 2001
Dyrkopp v. The Industrial Claim Appeals Office
Final admission of liability for permanent partial benefits is implicit denial of permanent total benefits. 		Workers' Compensation Nov. 20, 2001
Delaney v. The Industrial Claim Appeals Office
Division-sponsored independent medical examination report should be considered in determination of impairment benefits. 		Workers' Compensation Nov. 20, 2001
Gamez v. Brush Wellman Inc.
Workers' compensation is exclusive remedy for injury not involving wilful misconduct, but sanctions were inappropriate. 		Workers' Compensation Nov. 19, 2001
Liberty Heights at Northgate v. Industrial Claim Appeals Office
Claimant entitled to temporary total disability benefits during period of separation from employment. 		Workers' Compensation Nov. 19, 2001
The Colorado Department of Labor and Employment v. Esser
Claimant's for mental impairment workers' compensation benefits are not required to present oral testimony. 		Workers' Compensation Oct. 19, 2001
Torres v. Parkhouse Tire Service Inc.
Exception to workers' compensation exclusivity requires injury caused by employee's willful, unprovoked act of aggression, but doesn't require specific intent to injure. 		Workers' Compensation Oct. 3, 2001
Horodyskyj v. Karanian
Injuries are not employment connected simply because victim and perpetrator met on job. 		Workers' Compensation Oct. 2, 2001
Humane Society of Pikes Peak Region v. The Industrial Claim Appeals Office
Calculation of average weekly wage should include employee's entire cost of medical insurance. 		Workers' Compensation Sep. 6, 2001
Vacanti M.D. Inc. v. State Compensation Insurance Fund
Medical providers' antitrust and racketeering claims against workers' compensation insurers not barred by exclusivity provisions of Workers' Compensation Act. 		Workers' Compensation Aug. 22, 2001
Pearl v. WCAB
Workers' Compensation Appeals Board must use Government Code Section 20046 to determine whether injury is industrial under Public Employees' Retirement Law. 		Workers' Compensation Aug. 22, 2001
Sunny Acres Villa Inc. v. Cooper
Doctrine of collateral estoppel doesn't apply where issues involving temporary disability claim were previously litigated and again raised in permanent disability claim. 		Workers' Compensation Aug. 14, 2001
City of San Diego v. WCAB
Police officer whose duties include testifying in court is not on special mission while commuting to court. 		Workers' Compensation Aug. 10, 2001
Stelter v. Dept. of Labor & Industries
Summary judgment dismissing workers' compensation claim was improper where question remained whether employee consented to employment with intrastate trucking company. 		Workers' Compensation Aug. 5, 2001
Weyerhaeuser Co. v. Board of Industrial Insurance Appeals
Standard of comparison to use when analyzing whether worker has prevailed on appeal is worker's original claim, not order appealed from. 		Workers' Compensation Aug. 5, 2001
Lutz v. Industrial Claim Appeals Office
Injured worker must seek approval of change of physician from insurer before medical benefits will be covered. 		Workers' Compensation Jul. 31, 2001
Wal-Mart Stores v. Industrial Claim Appeals Office
Request for specific findings of fact and conclusions of law must be received within 15 days of the summary order's date. 		Workers' Compensation Jul. 31, 2001
Meyer v. Burger King Corp.
Industrial Insurance Act doesn't bar dependent, independently injured by employer's negligence, from bringing claim. 		Workers' Compensation Jul. 22, 2001
McIndoe v. Department of Labor and Industries
Worker may receive permanent partial disability award for pre-existing occupational disease after being granted permanent total disability pension. 		Workers' Compensation Jul. 22, 2001
Pearl v. WCAB
Where industrial injury is basis for compensation award, law at time of injury is used to measure injured person's right of recovery. 		Workers' Compensation Jul. 19, 2001
Pearl v. WCAB (Board of Trustees of the California State University)
Where industrial injury is basis for compensation award, law at time of injury is used to measure injured person's right of recovery. 		Workers' Compensation Jul. 19, 2001
People v. O'Casey
Workers' compensation insurers are direct victims of employee fraud and are entitled to restitution. 		Workers' Compensation Jul. 17, 2001
California Highway Patrol v. WCAB
When employer or insurance carrier makes late workers' compensation payment and fails to include interest, only one penalty may be imposed. 		Workers' Compensation Jul. 12, 2001
Gangwish v. WCAB
Labor Code Section 4650 applies to late permanent disability payments that follow the first payment even if temporary disability was not paid. 		Workers' Compensation Jul. 12, 2001
Holliday v. Bestop, Inc.
Claimant is not entitled to statutory penalties where she fails to preserve for appeal issue of whether her employer violated lawful order of director or panel. 		Workers' Compensation Jul. 9, 2001
Bernhart v. The Industrial Commission of Arizona
Willful self-exposure to dangers at work must be conscious and deliberate to preclude the employee's right to workers/ compensation and medical benefits. 		Workers' Compensation Jul. 3, 2001
Sullivan v. Industrial Claim Appeals
Member of National Guard not entitled to workers' compensation benefits. 		Workers' Compensation Jul. 2, 2001
State Compensation Insurance Fund v. Superior Court (Schaefer Ambulance Service Inc.)
Workers' compensation insurer isn't immune from civil liability when it misallocates insureds' financial information resulting in higher premiums for insureds. 		Workers' Compensation Jul. 1, 2001
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