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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
Rosales v. Depuy Ace Medical Company
Using broad definition of 'power press', injuries from such machines aren't limited to workers' compensation recovery.
Workers' Compensation Mar. 30, 2000
Taylor v. 363 Director, Office of Workers Compensation Programs
Employer can't offset dead employee's death benefit liability against third party settlement entered into by employee's surviving spouse.
Workers' Compensation Mar. 30, 2000
Arenas v. The Industrial Claim Appeals Office of the State of Colorado
Temporary total disability benefit must be reduced by 50 percent where injury is caused by claimants intoxication.
Workers' Compensation Mar. 22, 2000
County of Sacramento v. WCAB
Workers' Compensation Appeals Board's failure to allow stipulation in proceeding is cause to annul decision.
Workers' Compensation Mar. 2, 2000
Salazar v. The Industrial Claim Appeals Office
Claimant receiving permanent total disability benefits entitled to cost of living adjustment.
Workers' Compensation Feb. 9, 2000
Dept. of Corrections v. WCAB
Correction officer's disability payment compensability must be reconsidered using correct legal standard based on non-violent legitimate personnel action.
Workers' Compensation Jan. 28, 2000
Esser v. The Industrial Claim Appeals Office
Requirement that mental impairment claimant produce live expert testimony violates claimant's equal protection rights.
Workers' Compensation Jan. 25, 2000
Washington Elementary School District v. The Industrial Commission of Arizona
When employee becomes eligible for workers' compensation benefits, employer is entitled to full reimbursement for all short-term disability benefits paid.
Workers' Compensation Jan. 25, 2000
Richards v. The Industrial Claim Appeals Office
Claimant at maximum medical improvement may not reopen claim because of increased pain caused by temporary change in medication.
Workers' Compensation Jan. 25, 2000
Colorado Compensation Insurance Authority v. Jorgensen
Worker's compensation insurer does not have subrogation rights against worker's recovery of non-economic damages from tortfeaser.
Workers' Compensation Jan. 24, 2000
Boehm & Associates v. Workers Compensation Appeals Board
Interest on medical bills, compensable under workers' compensation but unpaid because employer challenges liability, accrues 60 days after employer receives bill.
Workers' Compensation Dec. 30, 1999
Director, Office of Workers' Compensation Programs v. Coos Head Lumber & Plywood Co.
Administrative law judge's inference of existence of employee's medical record indicating pre-existing condition entitles employer to second injury fund coverage.
Workers' Compensation Dec. 30, 1999
McLane Western Inc. v. The Industrial Claim Appeals Office of the State of Colorado
Date of maximum medical improvement does not establish limitation for certain impairment ratings under the AMA guidelines.
Workers' Compensation Dec. 16, 1999
Holly Nursing Care Center v. Industrial Claim Appeals Office
Consideration of claimant's education and previous employment appropriate in determination of permanent and total disability.
Workers' Compensation Dec. 16, 1999
U.S. Steel Mining Co. v. Director, Office Workers' Compensation Programs
Order
Workers' Compensation Dec. 10, 1999
Lowry v. Industrial Commission of Arizona
Worker's average monthly wage includes earnings from concurrent employment, even though he was not concurrently employed on the date of injury.
Workers' Compensation Dec. 7, 1999
Hardman v. Mountain States Steel Inc.
'Special employer' isn't immune from suit where injured worker doesn't know that company was in charge.
Workers' Compensation Nov. 23, 1999
Schaefer v. Union Pacific Railroad Company
Order
Workers' Compensation Nov. 23, 1999
Miller v. The Industrial Claim Appeals Office of the State of Colorado
Claim not time-barred where employer failed to notify division of occupational disease.
Workers' Compensation Nov. 19, 1999
Leonard v. Apfel
Order
Workers' Compensation Nov. 19, 1999
Renaissance Salon v. The Industrial Claim Appeals Office of the State of Colorado
Joinder of employer and insurance carrier appropriate under ALJ's authority to conduct hearings.
Workers' Compensation Nov. 19, 1999
Hussion v. The Industrial Claim Appeals Office of the State of Colorado
Minor claimant not entitled to maximum rate for temporary total disability benefits.
Workers' Compensation Nov. 16, 1999
United Parcel Service Inc. v. The Industrial Claim Appeals Office of the State of Colorado
Order imposing penalties no reviewable until amount of penalty is established.
Workers' Compensation Nov. 16, 1999
State Insurance Fund v. Ace Transportation Inc.
Order
Workers' Compensation Nov. 11, 1999