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Summers v. Newman
Attorney fees and costs are properly awarded to employer from employee's recovery from third-party tortfeasor.
Workers' Compensation Oct. 8, 2000
Summers v. Newman
Attorney fees and costs are properly awarded to employer from employee recovery from third party tortfeasor.
Workers' Compensation Oct. 8, 2000
LaTourette v. WCAB
Employment isn't substantial contributing cause of employee's death after heart attack suffered during business trip.
Workers' Compensation Sep. 27, 2000
Avalon Bay Foods v. Worker's Compensation Appeals Board
Penalty for delays in reimbursing workers' compensation claimant only applies to unreasonably delayed benefit.
Workers' Compensation Sep. 27, 2000
Aranda v. The Industrial Commission of Arizona
Statute authorizing suspension of workers' compensation benefits due to criminal conviction may not be retroactively applied.
Workers' Compensation Sep. 19, 2000
Coulter v. The Industrial Commission of Arizona
Claimant's medical report is not automatically inadmissible if the doctor who wrote report is unavailable for cross-examination.
Workers' Compensation Sep. 19, 2000
Rucker v. WCAB
Workers' Compensation Judge cannot address issue parties don't raise without giving them opportunity to address issue.
Workers' Compensation Aug. 18, 2000
Sacramento County Office of Education v. WCAB
Reinstatement of vocational rehabilitation benefits must be made within five years of injury.
Workers' Compensation Aug. 18, 2000
Cano v. WCAB
Employer's duty to provide treatment includes cosmetic surgery when facial disfigurement permanent, unchanging condition.
Workers' Compensation Aug. 4, 2000
Culligan v. State Compensation Insurance Fund
Exclusion of coverage for matters covered by workers' compensation laws apply whether employee seeks benefits or files separate civil action.
Workers' Compensation Aug. 4, 2000
Barnes v. WCAB
Board has no jurisdiction over employer's petition to terminate future liability when filed more than five years after date of injury.
Workers' Compensation Aug. 4, 2000
Maranian v. Workers' Compensation Appeals Board
Interim Board decision that determines threshold issues of liability is reviewable.
Workers' Compensation Aug. 4, 2000
Romero v. Apfel
Order
Workers' Compensation Aug. 1, 2000
Wyoming Fuel Co. v. U.S. Dept. of Labor
Order
Workers' Compensation Aug. 1, 2000
White v. Industrial Claim Appeals.
Injury resulting from recreational activity not compensable under worker's compensation act.
Workers' Compensation Aug. 1, 2000
T.W.M. Custom Framning v. The Industrial Commission
Death benefits can be awarded when a job-related physical injury substantially contributes to an employees suicide.
Workers' Compensation Jul. 6, 2000
Tenet/Centinela Hospital Medical Center v. Rushing
Labor Code Sections 4061 and 4602 apply when switching doctors if treating physician discharges patient.
Workers' Compensation Jun. 30, 2000
99 Cents Only Stores v. WCAB
Non-attorney who represents injured employee at workers' compensation proceeding is not entitled to same fees as licensed attorneys.
Workers' Compensation Jun. 29, 2000
Waters v. WCAB
Repeated and continuous late payment of permanent disability benefits is unreasonable where delay is not result of human error.
Workers' Compensation Jun. 29, 2000
Magnetic Engineering Inc. v. Industrial Claim Appeals Office
Claimant not required to prove entitlement to temporary disability benefits by clear and convincing evidence.
Workers' Compensation Jun. 14, 2000
Delange v. Dutra Construction Co.
Construction platform worker isn't a seaman whose injuries are covered by Jones Act.
Workers' Compensation Jun. 14, 2000
Del Taco v. WCAB
Injured employee is not entitled to vocational rehabilitation benefits where he is unable to return to work solely because of immigration status.
Workers' Compensation Jun. 1, 2000
Reeves v. WCAB
Rebuttable presumption of industrial causation of heart trouble applies to correctional officers and other employees with duties custodial in nature.
Workers' Compensation Jun. 1, 2000
Sakotas v. WCAB
Under Labor Code Section 3208.3(b)(1), establishing test of predominance for psychiatric injury is permissible exercise of legislative power.
Workers' Compensation Jun. 1, 2000
PM & R Associates v. WCAB
Adjunct physical therapy services rendered by medical assistants are not illegal per se and may be reimbursable.
Workers' Compensation Jun. 1, 2000
Marine Power & Equipment v. Dept. of Labor
Employer isn't eligible for second-injury reduction in liability benefits payable for worker's disability that may be materially greater because of preexisting condition.
Workers' Compensation May 5, 2000
Kuykendall v. WCAB
Previously undiscovered evidence submitted after mandatory settlement conference as rebuttal to trial testimony is admissible when necessary to accomplish substantial justice.
Workers' Compensation May 5, 2000
Bailey v. Reliance Insurance Co.
Workers' compensation carrier cannot file motion under Civil Procedure Code Section 877.6 that employee settled claim in bad faith.
Workers' Compensation May 5, 2000
Smith v. WCAB
Police officer, who injures himself at work by punching wall, is entitled to workers' compensation benefits.
Workers' Compensation May 5, 2000
Bohn v. Industrial Commission of Arizona (Special Fund Division/No Insurance Section)
Employee's disability benefits should not be forfeited just because he did not obtain Special Fund's approval of third-party settlement.
Workers' Compensation May 2, 2000