Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
11-70292
|
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 | |
E051218
|
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 | |
C065944
|
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 | |
B237147
|
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 | |
B235258
|
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 | |
B233168
|
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 | |
10-1399
|
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 | |
B224835
|
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 | |
E053173
|
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 | |
B231491
|
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 | |
B226134
|
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 | |
10-507
|
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 | |
B226102
|
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 | |
H036724
|
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 | |
F057718
|
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 | |
S179194
|
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 | |
C063646
|
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 | |
S179194
|
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 | |
A126344
|
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 | |
A131011
|
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 | |
A128047
|
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 | |
08-17753
|
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 | |
B219946
|
Angelotti v. The Walt Disney Co.
Workers’ compensation is exclusive remedy for employee’s negligence claims against employer. |
Workers' Compensation |
|
Feb. 25, 2011 | |
B221431
|
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 | |
08-71719
|
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 | |
09-70592
|
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 | |
A128365
|
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 | |
B215486
|
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 | |
E049209
|
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 | |
B219935
|
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 |