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People v. O'Casey
Workers' compensation insurers are direct victims of employee fraud and are entitled to restitution.
Workers' Compensation Jul. 17, 2001
California Highway Patrol v. WCAB
When employer or insurance carrier makes late workers' compensation payment and fails to include interest, only one penalty may be imposed.
Workers' Compensation Jul. 12, 2001
Gangwish v. WCAB
Labor Code Section 4650 applies to late permanent disability payments that follow the first payment even if temporary disability was not paid.
Workers' Compensation Jul. 12, 2001
Holliday v. Bestop, Inc.
Claimant is not entitled to statutory penalties where she fails to preserve for appeal issue of whether her employer violated lawful order of director or panel.
Workers' Compensation Jul. 9, 2001
Bernhart v. The Industrial Commission of Arizona
Willful self-exposure to dangers at work must be conscious and deliberate to preclude the employee's right to workers/ compensation and medical benefits.
Workers' Compensation Jul. 3, 2001
Sullivan v. Industrial Claim Appeals
Member of National Guard not entitled to workers' compensation benefits.
Workers' Compensation Jul. 2, 2001
State Compensation Insurance Fund v. Superior Court (Schaefer Ambulance Service Inc.)
Workers' compensation insurer isn't immune from civil liability when it misallocates insureds' financial information resulting in higher premiums for insureds.
Workers' Compensation Jul. 1, 2001
Ordorica v. WCAB
Worker who is injured on the job but refuses care by employer's doctor violates employer's right to control medical treatment.
Workers' Compensation Jun. 29, 2001
White v. South Bend School District #118
Personal sick leave, but not shared sick leave, may be considered when calculating and awarding time-loss compensation.
Workers' Compensation Jun. 18, 2001
Turck v. Baker Petrolite Corp.
Order
Workers' Compensation Jun. 13, 2001
Compensation Ins v. Industrial Claim Office
Insurer has burden of proof to justify retroactive denial of health care benefits.
Workers' Compensation Jun. 12, 2001
Joslins Dry Goods Co. v. Industrial Claim Appeals Office
Claimant may work minimal hours and still be entitled to permanent total disability benefits.
Workers' Compensation Jun. 11, 2001
Southwest Gas Corp. v. Industrial Commission of Arizona
Workers' compensation award is set aside because injured worker did not request permission to change physicians.
Workers' Compensation Jun. 11, 2001
Fretland v. County of Humboldt
Workers' compensation law's exclusive remedy provision doesn't bar claims under the Fair Employment and Housing Act.
Workers' Compensation May 16, 2001
Madera v. J.R. Simplot Co.
Employee injuries occurring in drive-through lane are not excluded injuries under workers' compensation statute.
Workers' Compensation May 14, 2001
Dept. of Labor and Industries v. DeLozier
Worker who incurs both only and lumbar impairments is entitled to one rating and one disability award.
Workers' Compensation May 11, 2001
McIndoe v. Dept. of Labor and Industries
Worker must be compensated for permanent partial disability even if claim is filed after pension is awarded for unrelated permanent total disability injury.
Workers' Compensation May 11, 2001
Rafn Co. v, Department of Labor and Industries
Law holding contractor secondarily liable for industrial-insurance premiums for temporary laborers is constitutional.
Workers' Compensation May 9, 2001
Colorado Compensation Insurance Authority v. Industrial Claim Appeals Office
Temporary disability benefits may only be terminated in accordance with statute.
Workers' Compensation May 6, 2001
Pizza Hut v. Industrial Claim Appeals Office
Administrative law judge has discretion to determine claimant's average weekly wage for impairment benefits.
Workers' Compensation May 6, 2001
Fred Meyer Inc. v. Shearer
Monthly wage compensation for injured worker must include shift differential pay and paid holiday, sick, vacation and funeral leave.
Workers' Compensation Apr. 24, 2001
Ochoa v. Dept. of Labor and Industries
Employment function at time of injury, not license status, determines whether one is excepted from workers' compensation coverage.
Workers' Compensation Apr. 23, 2001
Wackenhut Corp. v. Industrial Claim Appeals Office
Apportionment of worker's compensation benefits not appropriate where earlier injury was to different part of back.
Workers' Compensation Apr. 19, 2001
Rosarita Mexican Foods v. The Industrial Commission of Arizona
Administrative law judge erred in awarding non-diagnostic and non-investigatory benefits without proof that employee's condition was medically non-stationary.
Workers' Compensation Mar. 29, 2001
Imperial Headware v. Industrial Claim Appeals Office
Administrative law judge may resolve internal conflicts in physician's reports.
Workers' Compensation Mar. 6, 2001
Hobson v. Mid-Century Insurance Comp.
Workers' compensation lienholder not required to pay, from amount it is paid on account of statutorily prescribed lien, an equitable share of attorney fees incurred by claimant in third party tort action.
Workers' Compensation Mar. 6, 2001
Reed v. The Industrial Claim Appeals Office
No sanction against employer's counsel for discovery violations when conduct not willful.
Workers' Compensation Mar. 2, 2001
Faulkner v. Industrial Claim Appeals Office
Clear and convincing evidence standard not applicable to findings of compensability.
Workers' Compensation Mar. 2, 2001
Compton v. Industrial Claims Office
Claimant not entitled to costs for expert witness fees where witnesses were not subpoenaed.
Workers' Compensation Mar. 1, 2001
Melton v. Industrial Indemnity Co.
Though employee was fired, employer is covered under general coverage provisions of workers' compensation policy and insurer has duty to defend.
Workers' Compensation Feb. 28, 2001