Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
23-179
|
Total Terminals International v. Director, Office of Worker's Compensation
An injured longshoreman with hearing loss in only one ear but bilateral tinnitus is properly compensated at the statutory rate for hearing loss in one ear. |
Workers' Compensation |
|
D. Bress | Oct. 14, 2024 |
A169465
|
Modification: Mayor v. Workers' Compensation Appeals Bd.
Workers' Compensation Appeals Board order granting reconsideration issued 144 days after petition was void because the Board lost jurisdiction over the matter after 60 days by operation of statute. |
Workers' Compensation, Administrative Agencies |
|
T. Brown | Sep. 20, 2024 |
A169465
|
Mayor v. Workers' Compensation Appeals Bd.
Workers' Compensation Appeals Board order granting reconsideration issued 144 days after petition was void because the Board lost jurisdiction over the matter after 60 days by operation of statute. |
Workers' Compensation, Administrative Agencies |
|
T. Brown | Sep. 3, 2024 |
B333633
|
Modification: Subsequent Injuries Benefits Trust Fund v. Workers Compensation Appeal Board
The Subsequent Injuries Benefits Trust Fund has the burden of proof for credit for Social Security Disability Insurance and other monetary payments received by applicants. |
Workers' Compensation |
|
T. Cody | Aug. 15, 2024 |
B333633
|
Subsequent Injuries Benefits Trust Fund v. Workers Compensation Appeal Board
The Subsequent Injuries Benefits Trust Fund has the burden of proof for credit for Social Security Disability Insurance and other monetary payments received by applicants. |
Workers' Compensation |
|
T. Cody | Jul. 17, 2024 |
C098711
|
Modification: 3 Stonedeggs, Inc. et al. v. Workers' Compensation Appeals Board et al.
Employee who was injured while driving into town from temporary work camp was covered under the Commercial Traveler rule despite employer expectation that employees avoid driving into town. |
Workers' Compensation |
|
H. Hull | May 28, 2024 |
C098711
|
3 Stonedeggs, Inc. et al. v. Workers' Compensation Appeals Board et al.
Employee who was injured while driving into town from temporary work camp was covered under the Commercial Traveler rule despite employer expectation that employees avoid driving into town. |
Workers' Compensation |
|
H. Hull | May 14, 2024 |
B321864
|
Zurich American Insurance Co. v. Workers' Compensation Appeals Board
Under Labor Code Section 5909, the Workers' Compensation Appeals Board no longer has jurisdiction to consider a deemed-denied petition for reconsideration after 60 days have passed. |
Workers' Compensation |
|
G. Feuer | Dec. 19, 2023 |
A165231
|
Vann v. City and County of San Francisco
Workers' compensation was exclusive remedy for firefighter injured on the job in accident caused by municipal bus driver in scope of his employment because they were co-employees of the city. |
Workers' Compensation |
|
J. Richman | Dec. 13, 2023 |
B321638
|
Velasquez v. Workers' Compensation Appeals Bd.
Salvation Army was not employer for workers' compensation where injured party was hurt while participating in work therapy component of treatment program that was a condition of his sentence. |
Workers' Compensation |
|
A. Gilbert | Dec. 7, 2023 |
C092691
|
Perez v. Galt Joint Union Elementary School District
Elementary school volunteer was an "employee" whose sole remedy for her injury at a spelling bee was workers' compensation because the school district previously passed a resolution rendering volunteers employees. |
Workers' Compensation |
|
H. Hull | Oct. 6, 2023 |
B322732
|
Jimenez v. Mrs. Gooch's Natural Food Markets, Inc.
Where employer's provision of first aid occurred as part of its employer role, workers' compensation was exclusive remedy for decedent-employee's family. |
Workers' Compensation |
|
L. Lavin | Sep. 21, 2023 |
E079076
|
California Dept. Corrections & Rehabilitation v. Workers' Compensation Appeals Board
Industrial disability leave cannot be increased by one half in cases of serious and willful employer misconduct because it is not "compensation" under Division 4 of the Labor Code. |
Workers' Compensation |
|
M. Raphael | Aug. 15, 2023 |
H048989
|
People v. Czirban
Court's jurisdiction over restitution order issued in criminal case did not provide court with authority to review Workers' Compensation Appeals Board's order approving deduction of attorney fees from settlement agreement. |
Workers' Compensation |
|
A. Danner | Apr. 29, 2022 |
C093293
|
California Correctional Peace Officers Assn. v. Workers' Comp. Appeals Bd.
Notice satisfied due process requirements where petitioner had notice of the hearing date, time, and presiding administrative law judge despite no specific indication the hearing would be telephonic. |
Workers' Compensation |
|
C. Blease | Jan. 31, 2022 |
B312241
|
See's Candies, Inc. v. Superior Court (Ek)
Where wife allegedly contracts COVID-19 at her workplace and husband contracts it and dies, her ensuing claim against her workplace was not preempted by Workers' Compensation Act exclusivity provisions. |
Workers' Compensation |
|
H. Bendix | Dec. 22, 2021 |
B305535
|
Oakes v. Progressive Transportation Services
The cost-shifting provisions of Code of Civil Procedure 998 should be applied before labor code provisions governing the distribution of a judgment. |
Workers' Compensation |
|
V. Chavez | Nov. 12, 2021 |
H047148
|
Applied Materials v. Workers' Comp Appeals Board
Worker's posttraumatic stress disorder due to alleged sexual exploitation by her treating physician was compensable as industrial injury as a consequence of medical treatment provided by her employer. |
Workers' Compensation |
|
P. Bamattre-Manoukian | Jun. 3, 2021 |
S249792
|
Gund v. County of Trinity
Plaintiffs who responded to 911 call for assistance of unknown nature were engaged in 'active law enforcement service'; thus, workers' compensation was their exclusive remedy for the injuries they sustained. |
Workers' Compensation |
|
M. Cuéllar | Aug. 28, 2020 |
H046562
|
County of Santa Clara v. Workers' Comp. Appeals Bd.
Permanent disability should have been apportioned between industrial and nonindustrial causes because of respondent's preexisting pathology. |
Workers' Compensation |
|
N. Mihara | May 29, 2020 |
C088882
|
Modification: Meadowbrook Ins. Co. v. Workers' Comp. Appeals Bd.
Title 8, Section 9795.3 provided an applicable fee schedule and the interpreting service provider failed to timely request second review of the workers' compensation carrier's refusal to pay. |
Workers' Compensation |
|
E. Duarte | Dec. 24, 2019 |
C088882
|
Meadowbrook Ins. Co. v. Workers' Comp. Appeals Bd.
Title 8, Section 9795.3 provided an applicable fee schedule and the interpreting service provider failed to timely request second review of the workers' compensation carrier's refusal to pay. |
Workers' Compensation |
|
E. Duarte | Nov. 25, 2019 |
D074360
|
California Insurance Guarantee Assn. v. San Diego County Schools
Workers' Compensation Appeals Board's exclusive jurisdiction does not extend to contract-based disputes between a self-insured employer and its excess carrier; thus, trial court had jurisdiction. |
Workers' Compensation |
|
W. Dato | Oct. 31, 2019 |
B292915
|
Travelers Property Casualty v. Workers' Comp. Appeals Bd.
Under Insurance Code Section 116633, an agreement between insurers of general and special employers regarding injuries to special employees does not need to be signed in order to be enforceable. |
Workers' Compensation |
|
V. Chaney | Oct. 3, 2019 |
H046249
|
Skelton v. Workers Comp. App. Bd.
An employee is not entitled to temporary disability indemnity if her wage loss is from her using up her paid time off to attend medical appointments after returning to work. |
Workers' Compensation |
|
P. Bamattre-Manoukian | Sep. 18, 2019 |
H045698
|
Rodriguez v. Workers' Comp. Appeals Bd.
Government Code Section 21174, not Section 21171, provides the applicable time limitation for a CalPERS member to request determination of industrial causation, and petitioner complied with this time limitation. |
Workers' Compensation |
|
M. Greenwood | Aug. 29, 2019 |
B293080
|
Allied Signal Aerospace v. Workers' Comp. Appeals Bd.
Workers Compensation Appeals Board lacked jurisdiction to review the medical necessity and reasonableness of home healthcare because it was a threshold jurisdictional issue. |
Workers' Compensation |
|
V. Chavez | Jun. 7, 2019 |
17-72516
|
Global Linguist Solutions, LLC v. Abdulraouf Abdelmeged
Petitions for review of compensation orders arising under the Defense Base Act should be filed in the circuit where the relevant district director is located. |
Workers' Compensation |
|
R. Gould | Jan. 17, 2019 |
A153811
|
City of Petaluma v. Workers' Comp. App. Bd.
A disability award that is limited due to apportionment of a work-related injury and the existence of a preexisting condition is proper when based on substantial medical evidence. |
Workers' Compensation |
|
K. Banke | Dec. 12, 2018 |
G054838
|
Barri v. WCAB
The constitutional guarantee of substantive due process extends to fundamental rights; appellant's right to 'timely process untainted liens' affecting his practice not such a right. |
Workers' Compensation |
|
K. O'Leary | Oct. 23, 2018 |