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Southern Insurance Co. v. Workers’ Compensation Appeals Board
Insurer not limited to cancellation of workers' compensation policy as only remedy but may also elect rescission; remand nevertheless warranted to determine effectiveness of attempted rescission.
Workers' Compensation May 23, 2017
City of Jackson v. WCAB
Genetics is a proper factor on which to base causation of disability, leading to annulment of WCAB's decision to the contrary.
Workers' Compensation Apr. 27, 2017
Ramirez v. Workers' Compensation Appeals Board
WCAB may not consider appeal challenging utilization reviewer's decision, as, statutorily, independent medical reviewer is only authority allowed to consider decisions revolving medical necessity.
Workers' Compensation Mar. 30, 2017
Marinwood Community Services Inc. v. Workers’ Compensation Appeals Board
Volunteer firefighter is considered an 'employee' for purposes of workers' compensation scheme and entitled to presumption that his cancer arose out of his employment.
Workers' Compensation Mar. 30, 2017
County of Riverside v. WCAB
WCAB does not violate statute in assigning liability to county employer even though employee's last four years of exposure had been with Indian tribe employer.
Workers' Compensation Mar. 28, 2017
Gage v. Workers' Compensation Appeals Board
WCAB has jurisdiction to enforce penalty provision for unreasonable delay in paying advance disability pension through Labor Code Section 5814.
Workers' Compensation Dec. 22, 2016
Lee v. West Kern Water District
Employee who prevailed at trial against coworkers who subjected her to mock robbery successfully overturns order granting new trial.
Workers' Compensation Nov. 16, 2016
Capital Builders Hardware Inc. v. Workers’ Compensation Appeals Board (Gaona)
Workers' Compensation Appeals Board order regarding ex parte communications not a final order and thus not reviewable via writ review in Court of Appeal.
Workers' Compensation Nov. 16, 2016
Taylor v. Dept. of Industrial Relations
Employer who failed to obtain workers' compensation coverage loses challenge over term 'calendar year' as that term is used in Labor Code Section 3722(b).
Workers' Compensation Oct. 27, 2016
Hernandez v. WCAB
California Highway Patrol sergeant injured on the job wins annulment of WCAB's decision and remand due to error in denying him additional compensation.
Workers' Compensation Aug. 17, 2016
Truck Insurance Exchange v. Workers’ Compensation Appeals Board
Decision precluding insurance company's defense of laches due to seven year delay in bringing claim affirmed where employer's knowledge of injury is imputed to insurer.
Workers' Compensation Aug. 15, 2016
State Compensation Insurance Fund v. Workers’ Compensation Appeals Board
Labor Code Section 4610.6(d)'s 30-day time limit is directory; hence, untimely independent medical review remains valid and binding upon parties as director's final determination.
Workers' Compensation Jul. 18, 2016
State Compensation Insurance Fund v. Workers’ Compensation Appeals Board
Labor Code Section 4610.6(d)'s 30-day time limit is directory; hence, untimely independent medical review remains valid and binding upon parties as director's final determination.
Workers' Compensation Jun. 23, 2016
SSA Terminals and Homeport Insurance Co. v. Carrion
Injured worker prevails where administrative law judge uses wrong inquiry when determining whether worker's injury is temporary or permanent.
Workers' Compensation May 12, 2016
Matthews v. Liberty Assignment Corp.
Motion denying assignment of workers' compensation award to factoring company properly denied where such assignment contravenes California law.
Workers' Compensation May 4, 2016
Guerra v. Workers’ Compensation Appeals Board
Dishwasher's death from pulmonary hemorrhage while taking out trash at work constitutes 'industrial death' for purposes of awarding workers' compensation benefits.
Workers' Compensation Apr. 28, 2016
Travelers Casualty & Surety Co. v. Workers’ Compensation Appeals Board
Workers' Compensation Appeals Board order annulled where it erroneously interprets and applies law to find petitioner's psychiatric injury was caused by extraordinary employment condition.
Workers' Compensation Apr. 26, 2016
California Insurance Guarantee Association v. Workers' Compensation Appeals Board
Insurer remains liable for underlying workers' compensation obligations despite agreement apportioning liability with now-defunct co-insurer.
Workers' Compensation Mar. 24, 2016
Shirrod v. OWCP
Lodestar method of determining attorney's fees in workers' compensation case requires that a nexus exist between the relevant community used and the market rate that is applied.
Workers' Compensation Jan. 4, 2016
Batten v. WCAB, Long Beach Memorial
Workers' Compensation Appeals Board properly excluded petitioner's privately retained expert's opinion as barred under Labor Code Section 4061(i).
Workers' Compensation Nov. 18, 2015
Stevens v. Workers’ Compensation Appeals Board
Reforms to workers' compensation scheme establishing independent medical review process passes constitutional muster.
Workers' Compensation Nov. 16, 2015
Stevens v. Workers’ Compensation Appeals Board
Reforms to workers' compensation scheme establishing independent medical review process passes constitutional muster.
Workers' Compensation Nov. 5, 2015
Stevens v. Workers’ Compensation Appeals Board
Reforms to workers' compensation scheme establishing independent medical review process passes constitutional muster.
Workers' Compensation Oct. 30, 2015
Batten v. WCAB, Long Beach Memorial
Workers' Compensation Appeals Board properly excluded petitioner's privately retained expert's opinion as barred under Labor Code Section 4061(i).
Workers' Compensation Oct. 29, 2015
Larkin v. W.C.A.B.
Workers' compensation statutory scheme pertaining to volunteer peace officers does not apply to sworn, salaried officers.
Workers' Compensation Oct. 27, 2015
New York Knickerbockers v. Workers’ Compensation Appeals Board
Application of California's workers' compensation law to former NBA player who sustained cumulative injuries while playing for multiple teams is reasonable.
Workers' Compensation Oct. 5, 2015
Contra Costa Co. v. Workers' Compensation Appeals Board
Reversal required where worker's compensation appeals board's decision awarding employee permanent disability rating of 79 percent does not comport with approved methods for rebutting rating.
Workers' Compensation Sep. 28, 2015
Melendrez v. Ameron International Corp.
Workers' compensation exclusivity bars wrongful death lawsuit relating to deceased employee's at-home exposure to asbestos.
Workers' Compensation Sep. 21, 2015
Dept. of Corrections and Rehabilitation v. Workers’ Compensation Appeals Board
Workers' compensation death benefits for widow of former prison guard is annulled due to WCAB's failure to address widow's entitlement to special death benefits under PERS.
Workers' Compensation Jul. 22, 2015
Angelotti Chiropractic Inc. v. Baker
State law requiring $100 activation fee before filing lien claim has a rational basis and court erred in granting preliminary injunction.
Workers' Compensation Jun. 29, 2015