Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S065546
|
Avalon Bay Foods v. Workers' Compensation Bd.
Penalty for delays in reimbursing workers' compensation claimant only applies to unreasonably delayed benefit. |
Workers' Compensation |
|
Jun. 7, 1999 | |
D028509 and D028762
|
Industrial Indemnity Co. v. WCAB
California Insurance Guarantee Association isn't liable for employee's cumulative injuries where other insurers are adjudicated liable. |
Workers' Compensation |
|
Jun. 7, 1999 | |
D025295
|
Lenane v. Continental Maritime of San Diego Inc.
Tort action under Labor Code isn't barred by Longshore and Harbor Workers' Compensation Act's remedy provision. |
Workers' Compensation |
|
Jun. 7, 1999 | |
96-70843
|
Transbay Container Terminal v. U.S. Dept. of Benefits Review Board
Medical records showing risk factors for fatal disability don't make employee's condition 'manifest' to employer. |
Workers' Compensation |
|
Jun. 7, 1999 | |
S057387
|
State Farm Fire and Casualty Co. v. WCAB
Son injured while working for father is covered employee for workers' compensation benefits. |
Workers' Compensation |
|
Jun. 6, 1999 | |
S055679
|
LaTourette v. WCAB
Employee's death isn't compensable since heart attack didn't arise out of and in course of employment. |
Workers' Compensation |
|
Jun. 6, 1999 | |
97-70180 and 97-70184
|
McNutt v. Benefits Review Board
Per diem used for food or lodging isn't includable as 'wage' for purposes of calculating disability benefits. |
Workers' Compensation |
|
Jun. 6, 1999 | |
B108201
|
Martin v. WCAB
Statements of independent witness employee don't become privileged simply because given in anticipation of litigation. |
Workers' Compensation |
|
Jun. 4, 1999 | |
D027542
|
Grossmont Hospital v. WCAB
Wage increases scheduled or reasonably anticipated at time of injury are factors in determining earning capacity. |
Workers' Compensation |
|
Jun. 4, 1999 | |
G015835
|
American International Adjustment Co., Inc. v. Crawford
Workers' Compensation insurer isn't sanctionable for filing tort action and administrative complaint for same alleged fraud. |
Workers' Compensation |
|
Jun. 3, 1999 | |
96-71069 and 97-70091
|
Ramey v. Stevedoring Services of America
Summary affirmance provision of Omnibus Consolidated Rescissions and Appropriations Act doesn't violate separation of powers. |
Workers' Compensation |
|
May 27, 1999 | |
B103379
|
Beckstead v. WCAB
Workers' Compensation Appeals Board abuses its discretion by not considering injured employee's cumulative trauma injury. |
Workers' Compensation |
|
May 26, 1999 | |
B112610
|
Housing Authority of the City of Los Angeles v. WCAB
Workers' Compensation Appeals Board has jurisdiction to determine if Housing Authority's chief of police is employee. |
Workers' Compensation |
|
May 26, 1999 | |
96-70984
|
Jones Stevedoring Co. v. Director, Office of Workers Compensation Programs
Statute of limitations period begins to run when hearing-loss claimant's attorney receives audiogram. |
Workers' Compensation |
|
May 26, 1999 | |
96-70836
|
Saipan Stevedore Co. Inc. v. Director, Office of Workers' Compensation Programs
Longshore and Harbor Workers' Compensation Act applies to Commonwealth of Northern Mariana Islands. |
Workers' Compensation |
|
May 26, 1999 | |
96-70850 and 96-70915
|
Kashuba v. Legion Insurance Co.
Employer's showing of prejudice from untimely notice need not include evidence of post-notice investigation attempts. |
Workers' Compensation |
|
May 26, 1999 | |
A078588
|
Fretland v. County of Humboldt
Workers' compensation is exclusive remedy against employer for claim of assault by co-worker. |
Workers' Compensation |
|
May 24, 1999 | |
A075554
|
Middletown Rancheria of Pomo Indians v. WCAB
Workers' Compensation Appeals Board doesn't have subject matter jurisdiction over federally recognized Indian tribe. |
Workers' Compensation |
|
May 24, 1999 | |
C024918
|
Janzen v. WCAB
Daughter of California resident killed while working out of state is entitled to death benefits. |
Workers' Compensation |
|
May 21, 1999 | |
G021986
|
McClune v. WCAB
Worker's Compensation Appeals Board doesn't exceed its power by taking additional evidence where there is conflict. |
Workers' Compensation |
|
May 21, 1999 | |
96-70954
|
Todd Shipyards Corp. v. Director, Office of Workers Compensation Programs
No setoff for amounts employee receives from third parties where disability results from two distinct injuries. |
Workers' Compensation |
|
May 21, 1999 | |
98-3166
|
Rando v. Standard Insurance Company
Order |
Workers' Compensation |
|
May 21, 1999 | |
B126555
|
General Dynamics Corp. v. WCAB
Asbestos exposure claim could be barred on res judicata grounds if injury known at time of prior settlement for asthma injury. |
Workers' Compensation |
|
May 20, 1999 | |
S066465
|
Foodmaker Inc. Et Al. v. Workers' Compensation Appeals Board Et Al.,
Undocumented alien injured at work isn't entitled to training for new occupation in home country. |
Workers' Compensation |
|
May 19, 1999 | |
B126145 and B121785
|
VPS Management, Inc. v. Pacific Rim Assurance Company
No private right of action exists for alleged violations of reporting requirements for workers' compensation insurance. |
Workers' Compensation |
|
May 6, 1999 | |
97-71184
|
Duhagon v. Metropolitan Stevedore Co.
Denial of permanent disability benefits properly based upon unequivocal physician's testimony despite statutory presumption of causation. |
Workers' Compensation |
|
Apr. 29, 1999 | |
A080249
|
Vuillemainroy v. American Rock & Asphalt Inc.
Workers' Compensation Act bars tort recovery despite employer's alleged criminal negligence |
Workers' Compensation |
|
Apr. 21, 1999 | |
97-7116
|
Wiles v. Michelin North America Inc.
Injured employee who cannot perform job can be discharged during total disability. |
Workers' Compensation |
|
Apr. 21, 1999 | |
B114628
|
Wood v. Workers' Compensation Appeals Board
Medical-legal report is admissible if reporting doctor made good faith effort to identify others performing services. |
Workers' Compensation |
|
Apr. 19, 1999 | |
B123451
|
Scheffield Medical Group Inc. v. Workers' Compensation Appeals Board
Medical-legal reports inadmissible when office assistant exercises technical function of taking X-rays without legal authority. |
Workers' Compensation |
|
Apr. 14, 1999 |