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Padron v. Osoy
Workers' compensation was exclusive remedy for worker contracted for more than 52 hours but injured before 52 hours of work had been completed because the length of the contract controlled.
Workers' Compensation 2DCA/1 Apr. 15, 2025
People v. Woods
Worker's compensation attorney should have been charged under specific Labor Code statute rather than general Penal Code statute for his role in business arrangement involving unlawful referral and kickback fees.
Criminal Law and Procedure, Workers' Compensation 4DCA/3 Mar. 20, 2025
Kuo v. Dublin Unified School Dist.
Labor Code provision classifying school volunteers as "employees" applied to school volunteer who was killed, thereby rendering workers' compensation plaintiffs' sole remedy.
Torts, Workers' Compensation 1DCA/4 Mar. 14, 2025
Ranger v. Alamitos Bay Yacht Club
The exclusion of "club workers" from the Longshore and Harbor Workers' Compensation Act's coverage does not deprive plaintiffs of their federal right to pursue tort remedies under general maritime law.
Workers' Compensation, Maritime Law CASC Feb. 28, 2025
Dept. of Corrections & Rehabilitation v. Workers' Compensation Appeals Bd.
"Compensation otherwise recoverable" under the workers' compensation law did not include industrial disability leave benefits, and therefore those could not be used to calculate a "serious and willful misconduct" award.
Workers' Compensation CASC Feb. 21, 2025
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 9th Oct. 14, 2024
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 1DCA/4 Sep. 20, 2024
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 1DCA/4 Sep. 3, 2024
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 2DCA/6 Aug. 15, 2024
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 2DCA/6 Jul. 17, 2024
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 3DCA May 28, 2024
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 3DCA May 14, 2024
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 2DCA/7 Dec. 19, 2023
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 1DCA/2 Dec. 13, 2023
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 2DCA/6 Dec. 7, 2023
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 3DCA Oct. 6, 2023
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 2DCA/3 Sep. 21, 2023
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 4DCA/2 Aug. 15, 2023
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 6DCA Apr. 29, 2022
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 3DCA Jan. 31, 2022
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 2DCA/1 Dec. 22, 2021
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 2DCA/2 Nov. 12, 2021
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 6DCA Jun. 3, 2021
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 CASC Aug. 28, 2020
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 6DCA May 29, 2020
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 3DCA Dec. 24, 2019
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 3DCA Nov. 25, 2019
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 4DCA/3 Oct. 31, 2019
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 2DCA/1 Oct. 3, 2019
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 6DCA Sep. 18, 2019