Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
98-0113
|
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 | |
98-0361
|
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 | |
C024537
|
Ready Transportation Inc. v. WCAB
Workers' compensation claim is barred after trial court action is dismissed with prejudice. |
Workers' Compensation |
|
Jul. 15, 1999 | |
F023254
|
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 | |
B100470
|
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 | |
A070558
|
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 | |
C022162
|
The Rex Club v. WCAB
Reimbursement petition is untimely if filed more than one year after initial award of benefits. |
Workers' Compensation |
|
Jul. 6, 1999 | |
B103859
|
Midas Recovery Services Inc. v. WCAB
Lien claimant is entitled to reimbursement for actual disability payments made to injured worker. |
Workers' Compensation |
|
Jul. 3, 1999 | |
B106825
|
James v. WCAB
Employee's psychiatric injury is not compensable, despite employer's failure to reject claim within 90 days. |
Workers' Compensation |
|
Jul. 1, 1999 | |
S060386
|
Ready Transport Inc. v. Workers' Compensation Appeals Bd.
Workers' Compensation claim is barred after trial court action is dismissed with prejudice. |
Workers' Compensation |
|
Jun. 29, 1999 | |
S055638
|
Christian v. Workers' Compensation Appeals Board
Labor Code allows for multiple penalties for multiple wrongfully-withheld disability payments. |
Workers' Compensation |
|
Jun. 28, 1999 | |
S055638
|
Christian v. WCAB
Multiple penalties for denying benefit payments aren't allowed absent separate and distinct acts by insurance carrier. |
Workers' Compensation |
|
Jun. 28, 1999 | |
S059214
|
Chevron U.S.A., Inc. v. W.C.A.B
Calculation of partial dependency by including community income unaffected by death of spouse is error. |
Workers' Compensation |
|
Jun. 28, 1999 | |
96-70314
|
The Wausau Insurance Companies v. Director, Office of Workers Compensation Programs
Employee's non-monetary compensation excluded as wages for tax purposes, aren't counted as wages for disability benefits. |
Workers' Compensation |
|
Jun. 28, 1999 | |
B125579
|
Allison v. WCAB (Del Amo Mobile Homes Estates)
Although workers' compensation judge has authority to issue discovery orders, allowing deposition questions about general past medical history is overbroad. |
Workers' Compensation |
|
Jun. 28, 1999 | |
S059135
|
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 |
|
Jun. 26, 1999 | |
B104490
|
Mote v. WCAB
Employer's failure and delay in providing employee disability payments and medical care warrant multiple penalties. |
Workers' Compensation |
|
Jun. 23, 1999 | |
96-0336
|
Morongo Band of Mission Indians v. Stach
Eleventh Amendment bars court from exercising jurisdiction over Workers' Compensation Appeals Board. |
Workers' Compensation |
|
Jun. 20, 1999 | |
B099392
|
Tyler v. WCAB
Workers' compensation judge can direct further medical examination to resolve doubts on industrial causation. |
Workers' Compensation |
|
Jun. 20, 1999 | |
S060963
|
Andreacchi v. The Price Co.
Amendments to Fair Employment and Housing Act do not change workers' compensation law's exclusivity provisions. |
Workers' Compensation |
|
Jun. 18, 1999 | |
96-70852
|
Reynolds v. Todd Pacific Shipyards Corp.
Forfeiture under Longshore Act after unauthorized third-party settlements applies even if claimant not receiving benefits. |
Workers' Compensation |
|
Jun. 17, 1999 | |
95-16476
|
Cabral v. Healy Tibbits Builders Inc.
Crane operator driving piles from barge at ferry mooring doesn't qualify as 'seaman' under Jones Act. |
Workers' Compensation |
|
Jun. 17, 1999 | |
B095395
|
MacGregor Yacht Corp. v. State Compensation Insurance Fund
Carrier's obligation to investigate and defend claims requires reasonableness and good faith. |
Workers' Compensation |
|
Jun. 16, 1999 | |
B095395
|
MacGregor Yacht Corp. v. State Compensation Insurance Fund
Carrier's obligation to investigate and defend claims requires reasonableness and good faith. |
Workers' Compensation |
|
Jun. 16, 1999 | |
S055679
|
La Tourette v. WCAB
Employment isn't substantial contributing cause of employee's death after heart attack suffered during business trip. |
Workers' Compensation |
|
Jun. 15, 1999 | |
B099684
|
Southern California Edison Co. v. Workers' Compensation Appeals Board (Tate)
Previous workers' compensation benefits paid to employee must be included in calculating employer's credit threshold. |
Workers' Compensation |
|
Jun. 15, 1999 | |
96-70794
|
Alcala v. Director, Office of Workers Compensation Programs
Aquaculture worker with occasional maritime tasks isn't covered by Longshore and Harbor Workers' Compensation Act. |
Workers' Compensation |
|
Jun. 15, 1999 | |
A074144
|
Jones v. Dutra Construction
Longshore and harbor workers' act provision bars vessel-owner negligence action, for dredging operation injury. |
Workers' Compensation |
|
Jun. 14, 1999 | |
B105593
|
Ralphs Grocery Co. v. WCAB
Employee who dies of heart attack after being laid off isn't entitled to death benefits. |
Workers' Compensation |
|
Jun. 14, 1999 | |
95-16476
|
Cabral v. Healy Tibbits Builders Inc.
Crane operator driving piles from barge at ferry mooring doesn't qualify as 'seaman' under Jones Act. |
Workers' Compensation |
|
Jun. 14, 1999 |