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Miller v. The Industrial Claim Appeals Office
Penalties may be assessed against employer for failure to provide medical benefits to claimant.
Workers' Compensation Sep. 2, 2002
Jefferson v. California Dept. of Youth Authority
In workers' compensation proceeding, 'compromise and release,' that includes attachment showing parties' intent to include civil claims, bars civil action under FEHA.
Workers' Compensation Aug. 8, 2002
Helmsman v. Colorado Dept. of Labor and Employment
Third-party administrator is not entitled to share in proceeds of bond required for self-insurance.
Workers' Compensation Aug. 7, 2002
Kroupa v. Industrial Claim Appeals Office of Colorado
Evidentiary hearing held via video teleconference did not violate claimant's due process rights.
Workers' Compensation Jul. 29, 2002
University Park Care Center v. Industiral Claim Office
Apportionment of medical benefits appropriate where current injury is result of aggravation of earlier injury.
Workers' Compensation Jul. 11, 2002
Gee v. WCAB
Workers' compensation judge failed to apply treating physician's presumption of correctness.
Workers' Compensation Jul. 3, 2002
Tabler v. Industrial Commission of Arizona
Oral compromise and settlement agreement may be enforced against employer even though claimant died before written agreement was executed.
Workers' Compensation Jun. 19, 2002
Alexander v. Industrial Claim Appeals Office
Claimant who failed to make timely request for benefits from insurer in receivership was barred from receiving such benefits.
Workers' Compensation Jun. 12, 2002
Hendrickson v. The Industrial Commission of Arizona
Court applies equitable approach in determining effect of claimant's failure to obtain approval of settlement from worker's compensation carrier.
Workers' Compensation Jun. 6, 2002
Leming v. Industrial Claim Appeals Office.
Where occupational disease has not resulted in disability, determination of permanent disability benefits is premature.
Workers' Compensation May 15, 2002
Douglas Auto & Equipment v. Industrial Commission of Arizona
Employee's delay in reporting injury to employer was excusable and he is not barred from receiving workers' compensation.
Workers' Compensation May 14, 2002
Stout v. State Compensation Fund
Employee has duty to disclose settlement agreement and stipulated trial procedures in suit against third party to workers' compensation carrier.
Workers' Compensation May 13, 2002
Lockheed Martin v. Workers' Compensation Appeals Board
Labor Code Section 3208.3 applies to all psychiatric injury claims, including those resulting from physical work injuries.
Workers' Compensation Apr. 29, 2002
Smith v. WCAB
Rent of $150 paid by deceased adult son does not make parents dependents of son for purposes of receiving death benefits.
Workers' Compensation Apr. 5, 2002
Smith v. Workers' Compensation Appeals Board
Because independent contractor hadn't received notice of suspension, thus holding valid license, general contractor isn't liable for injuries of independent contractor's employee.
Workers' Compensation Apr. 4, 2002
Colorado Springs Disposal v. Industrial Claim Appeals Office
Employee is entitled to temporary total disability benefits even though he was terminated for careless driving.
Workers' Compensation Mar. 28, 2002
Thornbury v. Allen
Employee's claim for damages precluded by exclusive remedy provisions of worker's compensation act.
Workers' Compensation Mar. 21, 2002
Public Service Co v. Industrial Claim Appeals Office
Impairment benefits not apportioned where subsequent injury was independently disabling.
Workers' Compensation Mar. 21, 2002
MGM Supply Co. v. Industrial Claim Appeals Office.
Workers' Compensation Act does not violate constitutional provision vesting jurisdiction of civil disputes in the district court.
Workers' Compensation Mar. 20, 2002
Giddings v. Industrial Claim Appeals Office
Insurer liable for penalties for failure to comply with order of ALJ.
Workers' Compensation Mar. 20, 2002
Janssen v. The Industrial Claim Appeals Office.
Cap on treatment expenses in workers' compensation cases also applies to certain litigation expenses.
Workers' Compensation Mar. 20, 2002
Harrison Memorial Hospital v. Gagnon
Applicant challenging findings of Board of Industrial Insurance Appeals has burden of persuasion in court.
Workers' Compensation Mar. 14, 2002
Lovitch v. Industrial Commission of Arizona
Res judicata bars relitigation of whether worker's injury was industrially related.
Workers' Compensation Mar. 13, 2002
Cordova v. Industrial Claim Appeals Office
In petition to reopen, opinion of doctor conducting independent medical examination is not entitled to presumptive effect.
Workers' Compensation Mar. 7, 2002
Wright v. Beverly Fabrics Inc.
Workers' compensation is exclusive remedy for employee injured at work on day off.
Workers' Compensation Mar. 6, 2002
Johnston v. Director, Office of Workers Compensation Programs
Claimant's post-injury earnings need not be adjusted for inflation if actual wages have remained stagnant.
Workers' Compensation Mar. 4, 2002
City of Sacramento v. WCAB
'Fire recruit' is not firefighter entitled to enhanced benefits under Labor Code Section 4850.
Workers' Compensation Feb. 20, 2002
Matson Terminals Inc. v. Berg
Two benefit periods are awarded for employee's two 'discrete' knee injuries arising from same accident.
Workers' Compensation Jan. 29, 2002
DeWeert v. Stevedoring Services of America
Benefit award of $1 per week is proper after finding post-injury wage-earning capacity exceeds pre-injury wage-earning capacity.
Workers' Compensation Jan. 23, 2002
Alexander v. Director, Office of Workers' Compensation Programs
Last responsible employer is not entitled to credit for amount owed to employee based on settlements with other employers.
Workers' Compensation Jan. 7, 2002