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Horodyskyj v. Karanian
Co-employee may be liable for tort claims even though conduct occurred at the workplace.
Workers' Compensation Nov. 4, 1999
Wal-Mart Stores, Inc. v. The Industrial Claims Office
Injured worker entitled to medical benefits prior to showing of disability.
Workers' Compensation Nov. 4, 1999
Cooper v. The Industrial Claim Appeals Office
Collateral estoppel prevents overruling of finding of compensability.
Workers' Compensation Nov. 4, 1999
Thornbury v. Allen
Owner of rental unit immune from civil liability as statutory employer.
Workers' Compensation Nov. 4, 1999
Fairmont Insurance Co. v. Superior Court (Stendell)
Discovery that has been cut off isn't automatically reopened when judgment is reversed on appeal.
Workers' Compensation Nov. 4, 1999
Williams v. WCAB
Due to employer's failure to reject claim within 90 days of being filed, worker's injury is presumed to be compensable.
Workers' Compensation Oct. 22, 1999
San Bernardino Community Hospital v. WCAB
Workers' Compensation Appeals Board abuses its discretion by allowing a party to introduce evidence not disclosed in the pretrial conference statement.
Workers' Compensation Oct. 21, 1999
American International Adjustment Co. v. Crawford
Workers' compensation insurer isn't sanctionable for filing tort action and administrative complaint for same alleged fraud.
Workers' Compensation Oct. 20, 1999
Unique Equipment Co. Inc. v. TRW Vehicle Safety Systems Inc.
Employer, who helped design product for in-house use, needn't indemnify product's manufacturer for suit brought by covered employee injured by the product.
Workers' Compensation Oct. 6, 1999
McGray Construction Co. v. Office of Workers' Compensation Programs Benefit Review Board
The nature of the work, not the situs of employment, determines whether an employee is engaged in 'maritime employment.'
Workers' Compensation Sep. 30, 1999
Kopitske v. WCAB
Unreasonable delay in making permanent disability payments is subject to penalty assessment.
Workers' Compensation Sep. 30, 1999
CJS Co. v. WCAB
Workers' compensation claim by employee who voluntarily resigned is not barred by fraudulent claims provision of Labor Code.
Workers' Compensation Sep. 23, 1999
Rosales v. Depuy Ace Medical Co.
Using broad definition of 'power press', injuries from such machines aren't limited to workers' compensation recovery.
Workers' Compensation Sep. 12, 1999
Kim v. WCAB
Application of statutory payment cap on vocational rehabilitation benefits to interpreter fees doesn't violate equal protection.
Workers' Compensation Sep. 7, 1999
Kim v. WCAB
Application of statutory payment cap on vocational rehabilitation benefits to interpreter fees doesn't violate equal protection.
Workers' Compensation Sep. 6, 1999
A-Z International v. Phillips
Administrative law judge's certification of matter to district court for contempt proceeding cannot be vacated by Dept. of Labor Benefits Review Board.
Workers' Compensation Sep. 3, 1999
Andreacchi v. The Price Co.
Amendments to the fair employment and housing act don't change workers' compensation law's exclusivity provisions.
Workers' Compensation Aug. 10, 1999
Bowen v. WCAB
Professional athlete living in California, who contracts with out-of-state team in California, is entitled to state workers' compensation benefits.
Workers' Compensation Aug. 4, 1999
Employers Mutual Liability Insurance Co. of Wisconsin v. Tutor-Saliba Corp.
Attorney fees provision between contractor and subcontractor permits fees in action between contractor and insurance carrier.
Workers' Compensation Aug. 2, 1999
Galloway v. WCAB
Employer's failure to notify employee of rights tolls statute of limitations for industrial injury claim.
Workers' Compensation Aug. 2, 1999
Employers Mutual Liability Insurance Co. v. Tutor-Saliba
Attorney Fees Provision BetweenContractor And SubcontractingEmployer Of Injured Worker Cant Be Applied To Intervenor
Workers' Compensation Jul. 29, 1999
Frito Lay v. Industrial Commission of Arizona
Successive injury doctrine applicable although original injury claim remains open.
Workers' Compensation Jul. 27, 1999
State Compensation Insurance Fund v. WCAB
Attorney fees are considered paid if employer's credit exceeds its liability for compensation.
Workers' Compensation Jul. 26, 1999
Metropolitan Stevedore Co. v. Rambo
Injured longshoreman gets nominal compensation if injury doesn't cause present lost wages but might in future.
Workers' Compensation Jul. 18, 1999
Aranda v. Industrial Commission of Arizona
Legislature may suspend worker's compensation benefits to inmates whose benefits award and incarceration occurred before effective date of statute.
Workers' Compensation Jul. 15, 1999
Stoecker v. Brush Wellman Inc.
Doctrine of exclusivity doesn't bar contract action based on employer's promise of benefits beyond those provided by workers' compensation.
Workers' Compensation Jul. 15, 1999
Ready Transportation Inc. v. WCAB
Workers' compensation claim is barred after trial court action is dismissed with prejudice.
Workers' Compensation Jul. 15, 1999
Orosco v. Sun-Diamond Corp.
Non-negligent joint venture isn't liable after member, with workers' compensation coverage, negligently injures employee.
Workers' Compensation Jul. 15, 1999
Salimi v. State Compensation Insurance Fund
Employer's claims against carrier for failure to defend and indemnify aren't within WCAB's exclusive jurisdiction.
Workers' Compensation Jul. 9, 1999
Chevron U.S.A. Inc. v. WCAB
Calculation of partial dependency by including community income unaffected by death of spouse is error.
Workers' Compensation Jul. 8, 1999