Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S061421
|
Summers v. Newman
Attorney fees and costs are properly awarded to employer from employee recovery from third party tortfeasor. |
Workers' Compensation |
|
Oct. 8, 2000 | |
B097352
|
LaTourette v. WCAB
Employment isn't substantial contributing cause of employee's death after heart attack suffered during business trip. |
Workers' Compensation |
|
Sep. 27, 2000 | |
C025275
|
Avalon Bay Foods v. Worker's Compensation Appeals Board
Penalty for delays in reimbursing workers' compensation claimant only applies to unreasonably delayed benefit. |
Workers' Compensation |
|
Sep. 27, 2000 | |
99-0303
|
Aranda v. The Industrial Commission of Arizona
Statute authorizing suspension of workers' compensation benefits due to criminal conviction may not be retroactively applied. |
Workers' Compensation |
|
Sep. 19, 2000 | |
97-0172
|
Coulter v. The Industrial Commission of Arizona
Claimant's medical report is not automatically inadmissible if the doctor who wrote report is unavailable for cross-examination. |
Workers' Compensation |
|
Sep. 19, 2000 | |
B137562
|
Rucker v. WCAB
Workers' Compensation Judge cannot address issue parties don't raise without giving them opportunity to address issue. |
Workers' Compensation |
|
Aug. 18, 2000 | |
C031864
|
Sacramento County Office of Education v. WCAB
Reinstatement of vocational rehabilitation benefits must be made within five years of injury. |
Workers' Compensation |
|
Aug. 18, 2000 | |
C032288
|
Cano v. WCAB
Employer's duty to provide treatment includes cosmetic surgery when facial disfigurement permanent, unchanging condition. |
Workers' Compensation |
|
Aug. 4, 2000 | |
A085913
|
Culligan v. State Compensation Insurance Fund
Exclusion of coverage for matters covered by workers' compensation laws apply whether employee seeks benefits or files separate civil action. |
Workers' Compensation |
|
Aug. 4, 2000 | |
S082111
|
Barnes v. WCAB
Board has no jurisdiction over employer's petition to terminate future liability when filed more than five years after date of injury. |
Workers' Compensation |
|
Aug. 4, 2000 | |
F033647
|
Maranian v. Workers' Compensation Appeals Board
Interim Board decision that determines threshold issues of liability is reviewable. |
Workers' Compensation |
|
Aug. 4, 2000 | |
99-2141
|
Romero v. Apfel
Order |
Workers' Compensation |
|
Aug. 1, 2000 | |
99-9526
|
Wyoming Fuel Co. v. U.S. Dept. of Labor
Order |
Workers' Compensation |
|
Aug. 1, 2000 | |
99CA1964
|
White v. Industrial Claim Appeals.
Injury resulting from recreational activity not compensable under worker's compensation act. |
Workers' Compensation |
|
Aug. 1, 2000 | |
99-0170
|
T.W.M. Custom Framning v. The Industrial Commission
Death benefits can be awarded when a job-related physical injury substantially contributes to an employees suicide. |
Workers' Compensation |
|
Jul. 6, 2000 | |
B133678
|
Tenet/Centinela Hospital Medical Center v. Rushing
Labor Code Sections 4061 and 4602 apply when switching doctors if treating physician discharges patient. |
Workers' Compensation |
|
Jun. 30, 2000 | |
B133156
|
99 Cents Only Stores v. WCAB
Non-attorney who represents injured employee at workers' compensation proceeding is not entitled to same fees as licensed attorneys. |
Workers' Compensation |
|
Jun. 29, 2000 | |
B133972
|
Waters v. WCAB
Repeated and continuous late payment of permanent disability benefits is unreasonable where delay is not result of human error. |
Workers' Compensation |
|
Jun. 29, 2000 | |
99CA1380
|
Magnetic Engineering Inc. v. Industrial Claim Appeals Office
Claimant not required to prove entitlement to temporary disability benefits by clear and convincing evidence. |
Workers' Compensation |
|
Jun. 14, 2000 | |
96-17270
|
Delange v. Dutra Construction Co.
Construction platform worker isn't a seaman whose injuries are covered by Jones Act. |
Workers' Compensation |
|
Jun. 14, 2000 | |
B134955
|
Del Taco v. WCAB
Injured employee is not entitled to vocational rehabilitation benefits where he is unable to return to work solely because of immigration status. |
Workers' Compensation |
|
Jun. 1, 2000 | |
C033834
|
Reeves v. WCAB
Rebuttable presumption of industrial causation of heart trouble applies to correctional officers and other employees with duties custodial in nature. |
Workers' Compensation |
|
Jun. 1, 2000 | |
B128688
|
Sakotas v. WCAB
Under Labor Code Section 3208.3(b)(1), establishing test of predominance for psychiatric injury is permissible exercise of legislative power. |
Workers' Compensation |
|
Jun. 1, 2000 | |
F032156
|
PM & R Associates v. WCAB
Adjunct physical therapy services rendered by medical assistants are not illegal per se and may be reimbursable. |
Workers' Compensation |
|
Jun. 1, 2000 | |
98-70049
|
Marine Power & Equipment v. Dept. of Labor
Employer isn't eligible for second-injury reduction in liability benefits payable for worker's disability that may be materially greater because of preexisting condition. |
Workers' Compensation |
|
May 5, 2000 | |
B129003
|
Kuykendall v. WCAB
Previously undiscovered evidence submitted after mandatory settlement conference as rebuttal to trial testimony is admissible when necessary to accomplish substantial justice. |
Workers' Compensation |
|
May 5, 2000 | |
B130799
|
Bailey v. Reliance Insurance Co.
Workers' compensation carrier cannot file motion under Civil Procedure Code Section 877.6 that employee settled claim in bad faith. |
Workers' Compensation |
|
May 5, 2000 | |
A083825
|
Smith v. WCAB
Police officer, who injures himself at work by punching wall, is entitled to workers' compensation benefits. |
Workers' Compensation |
|
May 5, 2000 | |
99-0076
|
Bohn v. Industrial Commission of Arizona (Special Fund Division/No Insurance Section)
Employee's disability benefits should not be forfeited just because he did not obtain Special Fund's approval of third-party settlement. |
Workers' Compensation |
|
May 2, 2000 | |
S078119
|
Rosales v. Depuy Ace Medical Company
Using broad definition of 'power press', injuries from such machines aren't limited to workers' compensation recovery. |
Workers' Compensation |
|
Mar. 30, 2000 |