This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court
Name Category Published
Pacific Ship Repair and Fabrication Inc. v. Office of Worker Compensation Programs
Under Longshore Act, finding of partial permanent disability does not preclude later finding of temporary disability for same underlying injury during period of recuperation.
Workers' Compensation Jul. 25, 2012
Collins v. Union Pacific Railroad Co.
Plaintiff may recover under both workers’ compensation and Federal Employers’ Liability Act for damages where ‘special employment’ with railroad company is established.
Workers' Compensation Jul. 13, 2012
Meeks Building Center v. WCAB
Single payment of benefits required for attending qualified medical evaluation does not commence limitation period for payment of temporary disability benefits.
Workers' Compensation Jun. 27, 2012
Valdez v. WCAB
Medical report of treating physician is admissible even where physician is not part of medical provider network.
Workers' Compensation Jun. 19, 2012
State Compensation Insurance Fund v. WCAB
Employee's claim for psychiatric injury is barred because he was not employed for more than six months, and injury was not particularly unusual under circumstances.
Workers' Compensation Mar. 28, 2012
Barrett Business Services Inc. v. WCAB
Employer must still pay settlement proceeds to workers' compensation claim applicant, who never received check that was stolen and cashed by thief.
Workers' Compensation Mar. 22, 2012
Roberts v. Sea-Land Services Inc.
Employee is ‘newly awarded compensation’ when he first becomes disabled and thus, becomes statutorily entitled to benefits under Longshore and Harbor Workers’ Compensation Act.
Workers' Compensation Mar. 20, 2012
Sanchez v. Brooke
Under workers’ compensation law, employer must pay injured employee’s medical expenses in full and employee is not liable for any unpaid balance.
Workers' Compensation Mar. 8, 2012
County of San Bernardino v. WCAB
Employee may not recover benefits based on physical manifestations of effects of stress suffered at work caused by good faith personnel actions.
Workers' Compensation Mar. 1, 2012
California Insurance Guarantee Association v. WCAB (Oracle Imaging)
Personal representative of medical providers is not excluded from pursuing claims against California Insurance Guarantee Association under Insurance Code Section 1063.1(c)(9).
Workers' Compensation Feb. 28, 2012
Allied Interstate Inc. v. Sessions Payroll Management Inc.
Employer is obligated to pay workers' compensation policy premium, which had been increased by application of 121 percent experience modifier.
Workers' Compensation Feb. 17, 2012
Pacific Operators Offshore LLP v. Valladolid
Outer Continental Shelf Lands Act extends workers’ compensation coverage to employee who establishes substantial nexus between injury and employer’s extractive operations.
Workers' Compensation Jan. 12, 2012
Bautista v. State of California
Article XIV, Section 4 of California Constitution does not provide cause of action for state's alleged failure to secure safety in places of employment.
Workers' Compensation Dec. 8, 2011
State Compensation Insurance Fund v. WCAB
Apportionment of permanent disability is required even if evaluating physician found that second injury was compensable consequence of first injury to same body part.
Workers' Compensation Dec. 2, 2011
County of Kern v. WCAB
Member of volunteer fire department is properly deemed employee of county where county directly assisted in training members and provided financial support to department.
Workers' Compensation Nov. 2, 2011
Baker v. WCAB
Annual cost of living adjustments for permanent disability indemnity are to be applied prospectively commencing on Jan. 1 of year following date of injured worker's eligibility.
Workers' Compensation Oct. 20, 2011
Motheral v. WCAB
Value of employee’s living quarters, utilities, and car allowance should be considered in calculation of average weekly earnings and resulting disability payment.
Workers' Compensation Sep. 14, 2011
Baker v. WCAB
Annual cost of living adjustments for permanent disability indemnity are to be applied prospectively commencing on Jan. 1 of year following date of injured worker’s eligibility.
Workers' Compensation Aug. 12, 2011
Ogilvie v. WCAB
Employee’s rebuttal of application of rating schedule as percentage of permanent disability must be based on permissible data under Labor Code.
Workers' Compensation Aug. 1, 2011
Coca-Cola Enterprises Inc. v. WCAB
Worker rendered temporarily totally disabled is entitled to statutory rate of two-thirds his average weekly earnings, not higher, maximum rate.
Workers' Compensation Apr. 25, 2011
Edward Carey Construction Co. v. State Compensation Insurance Fund
Workers' compensation exclusivity does not bar insured employer's breach of contract and bad faith claims against insurer, which arose after employee's work-related injury.
Workers' Compensation Apr. 20, 2011
United States Fidelity and Guaranty Co. v. Lee Investments LLC
WCAB does not have exclusive jurisdiction over insurer's complaint against employer seeking rescission of workers’ compensation policy.
Workers' Compensation Apr. 18, 2011
Angelotti v. The Walt Disney Co.
Workers’ compensation is exclusive remedy for employee’s negligence claims against employer.
Workers' Compensation Feb. 25, 2011
State Farm Insurance Co. v. WCAB
Court-appointed medical expert is disqualified, regardless of prejudicial effect, where party in workers’ compensation claim engages in ex parte communications.
Workers' Compensation Jan. 27, 2011
Price v. Stevedoring Services of America Inc.
Interest on past due disability payments under Longshore and Harbor Workers' Compensation Act is properly calculated as simple interest at rate in 28 U.S.C. Section 1961(a).
Workers' Compensation Dec. 15, 2010
Albina Engine & Machine v. OWCP
Presumption of claim rising under Longshore and Harbor Workers’ Compensation Act applies to each employer to determine liability, not just claim in general.
Workers' Compensation Dec. 12, 2010
San Francisco Unified School District v. WCAB
Workers’ compensation calculation for psychiatric injury caused partly by personnel action is proper when based on both industrial and non-industrial factors.
Workers' Compensation Nov. 16, 2010
Fireman’s Fund Insurance Co. v. WCAB
Agreement between employers where one employer agreed to obtain insurance coverage for mutual employees does not extinguish joint liability for workers’ compensation claims.
Workers' Compensation Nov. 9, 2010
SunLine Transit Agency v. Amalgamated Transit Union Local 1277
Arbitration award including reinstatement and back pay does not contravene Workers' Compensation Act where termination absent just cause was outside compensation bargain.
Workers' Compensation Oct. 18, 2010
Stellar v. Sears, Roebuck and Co.
Court commits harmless error in failing to consider extrinsic evidence of parties’ intent to settle civil and workers’ compensation claims.
Workers' Compensation Oct. 14, 2010