Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B109188
|
Drain v. Betz Laboratories Inc.
Upon statement of total inability to work in workers' compensation proceeding, judicial estoppel bars subsequent claim. |
Workers' Compensation |
|
Apr. 13, 1999 | |
C026835
|
City of Richmond v. Commission on State Mandates (State of California)
Statute eliminating offset for certain workers' compensation death benefits isn't a reimbursable state mandate. |
Workers' Compensation |
|
Apr. 12, 1999 | |
F029389
|
Bakersfield v. WCAB
Individual designated as witness by one party but not called may be cross-examined by other party. |
Workers' Compensation |
|
Apr. 12, 1999 | |
96-70875
|
Moyle v. Director, Office of Workers' Compensation Programs
Disability payments under Longshore and Harbor Workers' Compensation Act may be garnished for spousal support. |
Workers' Compensation |
|
Apr. 11, 1999 | |
B118377
|
Johnson v. WCAB
Person determined to be qualified injured worker is entitled to rehabilitation benefits from date of application. |
Workers' Compensation |
|
Apr. 11, 1999 | |
B119418
|
M/A Com-Phi v. WCAB
Opinions of reporting doctors aren't substantial evidence if they haven't viewed relevant surveillance films. |
Workers' Compensation |
|
Apr. 1, 1999 | |
G022181
|
Costa v. Workers' Compensation Appeals Board
Statute authorizing creation, through collective bargaining, of alternative procedures for workers' compensation claims is valid |
Workers' Compensation |
|
Mar. 30, 1999 | |
E021529
|
G.E. Engine Maintenance/Electric Insurance v. Workers' Compensation Appeals Board
Driving on street with trucks and vans doesn't meet 'special risk' exception to workers' compensation law's 'coming and going' rule. |
Workers' Compensation |
|
Mar. 29, 1999 | |
E018614
|
Tudor Ranches Inc. v. State Compensation Insurance Fund
Appeal from stipulated judgment is proper where unadjudicated causes of action were dismissed with prejudice. |
Workers' Compensation |
|
Mar. 29, 1999 | |
S071063
|
Fretland v. Humboldt
Workers' compensation is exclusive remedy against employer for claim of assault by co-worker. |
Workers' Compensation |
|
Mar. 29, 1999 | |
S071462
|
Wood v. WCAB
Medical-legal report is admissible if reporting doctor made good faith effort to identify others performing services. |
Workers' Compensation |
|
Mar. 29, 1999 | |
S065546
|
Avalon Bay Foods v. WCAB
Employer or insurer has 60 days to reimburse injured worker for medical treatment transportation costs. |
Workers' Compensation |
|
Mar. 26, 1999 | |
S058909
|
State Compensation Insurance Fund v. WCAB
Clerical error causing one-week delay in payment of benefits doesn't trigger 10 percent statutory penalty. |
Workers' Compensation |
|
Mar. 26, 1999 | |
A077047
|
Tensfeldt v. WCAB
Worker convicted of insurance fraud is barred from receiving benefits in connection with underlying injury. |
Workers' Compensation |
|
Mar. 26, 1999 | |
H015775
|
Brassinga v. City of Mountain View
Conflicting evidence bars directed verdict that city wasn't employer of person killed in police training exercise. |
Workers' Compensation |
|
Mar. 26, 1999 | |
97-0015
|
Benafield v. Industrial Commission of Arizona
Failure to hear treating physician's testimony regarding magnitude of plaintiff's injury is error. |
Workers' Compensation |
|
Mar. 25, 1999 | |
97-3313
|
Marcus v. State of Kansas
State assessment fee for disabled parking placards is considered a 'fee' rather than a 'tax.' |
Workers' Compensation |
|
Mar. 24, 1999 | |
B118582
|
Keulen v. WCAB
New, undisputed medical evidence rebuts presumption that original treating physician's evaluation was correct. |
Workers' Compensation |
|
Mar. 19, 1999 | |
B120000
|
State Compensation Insurance Fund v. WCAB
Payment of benefits within time period specified by settlement agreement doesn't violate Labor Code. |
Workers' Compensation |
|
Mar. 19, 1999 | |
96-70874
|
Matulic v. Director, Office of Workers Compensation Programs
Benefits are based on worker's pay at time of injury though he didn't work full-time throughout measuring year. |
Workers' Compensation |
|
Mar. 18, 1999 | |
96-70988
|
Amos v. Director, Office of Workers' Compensation Programs
Injured employee faced with differing, medically reasonable treatment options may choose among them. |
Workers' Compensation |
|
Mar. 17, 1999 | |
B116227
|
Foodmaker Inc. v. WCAB
Undocumented alien injured at work isn't entitled to training for new occupation in home country. |
Workers' Compensation |
|
Mar. 15, 1999 | |
C028004
|
Sabath v. WCAB
Salary received during period of entitlement of maintenance isn't credited toward cap on rehabilitation benefits. |
Workers' Compensation |
|
Mar. 12, 1999 | |
B118582
|
Keulen v. WCAB
New, undisputed medical evidence rebuts presumption that original treating physician's evaluation was correct. |
Workers' Compensation |
|
Mar. 12, 1999 | |
B121370
|
Neel v. Workers' Compensation Appeals Board
Settlement doesn't prevent penalties from being assessed for prior acts of unreasonable delay. |
Workers' Compensation |
|
Mar. 12, 1999 | |
97-2000
|
American Manufacturers Mutual Insurance Co. v. Sullivan
Private insurers not subject to Fourteenth Amendment constraints absent close nexus between State and challenged action. |
Workers' Compensation |
|
Mar. 11, 1999 | |
S059214
|
Chevron, U.S.A., Inc. v. Workers' Compensation Appeals Board
Workers' Compensation Act doesn't restrict type of income used to calculate surviving spouse's death benefits |
Workers' Compensation |
|
Mar. 10, 1999 | |
98-4034
|
Cerka v. Salt Lake County
Order |
Workers' Compensation |
|
Mar. 4, 1999 | |
C028982
|
County of Sacramento v. Workers' Compensation Appeals Board
No penalty for unreasonable delay in payment of benefits where eight days late due to clerical error. |
Workers' Compensation |
|
Feb. 26, 1999 | |
C029015
|
Gonzales v. Workers' Compensation Appeals Board and Hunt-Wesson, Inc.
Injured worker isn't allowed disability benefits when there is no evidence of actual wage loss. |
Workers' Compensation |
|
Feb. 26, 1999 |