Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
01-0053
|
Lovitch v. Industrial Commission of Arizona
Res judicata bars relitigation of whether worker's injury was industrially related. |
Workers' Compensation |
|
Mar. 13, 2002 | |
01CA0852
|
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 | |
F035445
|
Wright v. Beverly Fabrics Inc.
Workers' compensation is exclusive remedy for employee injured at work on day off. |
Workers' Compensation |
|
Mar. 6, 2002 | |
01-70201
|
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 | |
C037880
|
City of Sacramento v. WCAB
'Fire recruit' is not firefighter entitled to enhanced benefits under Labor Code Section 4850. |
Workers' Compensation |
|
Feb. 20, 2002 | |
00-71391
|
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 | |
00-71273
|
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 | |
00-70762
|
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 | |
00-0003
|
Tucson District v. The Industrial Commission of Arizona
Physical symptoms or manifestations of noncompensable mental conditions are not statutorily compensable. |
Workers' Compensation |
|
Jan. 7, 2002 | |
00CA2099
|
Pacesetter Corp. v. Collett
Employee on personal deviation from work is not entitled to workers' compensation benefits. |
Workers' Compensation |
|
Jan. 7, 2002 | |
F038023
|
Telles Transport Inc. v. WCAB
Workers' Compensation Appeals Board abused discretion by ordering judge to admit evidence claimant intentionally withheld. |
Workers' Compensation |
|
Nov. 29, 2001 | |
S088872
|
Draper v. Aceto
When attorneys separately represent employer and its employee against third party, employee's attorney fees must come out of employee's share of recovery. |
Workers' Compensation |
|
Nov. 28, 2001 | |
00CA1180
|
Dyrkopp v. The Industrial Claim Appeals Office
Final admission of liability for permanent partial benefits is implicit denial of permanent total benefits. |
Workers' Compensation |
|
Nov. 20, 2001 | |
00CA0081
|
Delaney v. The Industrial Claim Appeals Office
Division-sponsored independent medical examination report should be considered in determination of impairment benefits. |
Workers' Compensation |
|
Nov. 20, 2001 | |
99-0208
|
Gamez v. Brush Wellman Inc.
Workers' compensation is exclusive remedy for injury not involving wilful misconduct, but sanctions were inappropriate. |
Workers' Compensation |
|
Nov. 19, 2001 | |
00CA2213
|
Liberty Heights at Northgate v. Industrial Claim Appeals Office
Claimant entitled to temporary total disability benefits during period of separation from employment. |
Workers' Compensation |
|
Nov. 19, 2001 | |
00SC292
|
The Colorado Department of Labor and Employment v. Esser
Claimant's for mental impairment workers' compensation benefits are not required to present oral testimony. |
Workers' Compensation |
|
Oct. 19, 2001 | |
D031296
|
Torres v. Parkhouse Tire Service Inc.
Exception to workers' compensation exclusivity requires injury caused by employee's willful, unprovoked act of aggression, but doesn't require specific intent to injure. |
Workers' Compensation |
|
Oct. 3, 2001 | |
99SC875
|
Horodyskyj v. Karanian
Injuries are not employment connected simply because victim and perpetrator met on job. |
Workers' Compensation |
|
Oct. 2, 2001 | |
00CA0968
|
Humane Society of Pikes Peak Region v. The Industrial Claim Appeals Office
Calculation of average weekly wage should include employee's entire cost of medical insurance. |
Workers' Compensation |
|
Sep. 6, 2001 | |
S071945
|
Vacanti M.D. Inc. v. State Compensation Insurance Fund
Medical providers' antitrust and racketeering claims against workers' compensation insurers not barred by exclusivity provisions of Workers' Compensation Act. |
Workers' Compensation |
|
Aug. 22, 2001 | |
S090553
|
Pearl v. WCAB
Workers' Compensation Appeals Board must use Government Code Section 20046 to determine whether injury is industrial under Public Employees' Retirement Law. |
Workers' Compensation |
|
Aug. 22, 2001 | |
99SC865
|
Sunny Acres Villa Inc. v. Cooper
Doctrine of collateral estoppel doesn't apply where issues involving temporary disability claim were previously litigated and again raised in permanent disability claim. |
Workers' Compensation |
|
Aug. 14, 2001 | |
D036744
|
City of San Diego v. WCAB
Police officer whose duties include testifying in court is not on special mission while commuting to court. |
Workers' Compensation |
|
Aug. 10, 2001 | |
19546-5-III
|
Stelter v. Dept. of Labor & Industries
Summary judgment dismissing workers' compensation claim was improper where question remained whether employee consented to employment with intrastate trucking company. |
Workers' Compensation |
|
Aug. 5, 2001 | |
26046-8-II
|
Weyerhaeuser Co. v. Board of Industrial Insurance Appeals
Standard of comparison to use when analyzing whether worker has prevailed on appeal is worker's original claim, not order appealed from. |
Workers' Compensation |
|
Aug. 5, 2001 | |
00CA0111
|
Lutz v. Industrial Claim Appeals Office
Injured worker must seek approval of change of physician from insurer before medical benefits will be covered. |
Workers' Compensation |
|
Jul. 31, 2001 | |
99CA0963
|
Wal-Mart Stores v. Industrial Claim Appeals Office
Request for specific findings of fact and conclusions of law must be received within 15 days of the summary order's date. |
Workers' Compensation |
|
Jul. 31, 2001 | |
70015-0
|
Meyer v. Burger King Corp.
Industrial Insurance Act doesn't bar dependent, independently injured by employer's negligence, from bringing claim. |
Workers' Compensation |
|
Jul. 22, 2001 | |
69687-0
|
McIndoe v. Department of Labor and Industries
Worker may receive permanent partial disability award for pre-existing occupational disease after being granted permanent total disability pension. |
Workers' Compensation |
|
Jul. 22, 2001 |