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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
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
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
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
Christian v. Workers' Compensation Appeals Board
Labor Code allows for multiple penalties for multiple wrongfully-withheld disability payments.
Workers' Compensation Jun. 28, 1999
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
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
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
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
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
Mote v. WCAB
Employer's failure and delay in providing employee disability payments and medical care warrant multiple penalties.
Workers' Compensation Jun. 23, 1999
Morongo Band of Mission Indians v. Stach
Eleventh Amendment bars court from exercising jurisdiction over Workers' Compensation Appeals Board.
Workers' Compensation Jun. 20, 1999
Tyler v. WCAB
Workers' compensation judge can direct further medical examination to resolve doubts on industrial causation.
Workers' Compensation Jun. 20, 1999
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
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
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
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
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
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
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
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
Jones v. Dutra Construction
Longshore and harbor workers' act provision bars vessel-owner negligence action, for dredging operation injury.
Workers' Compensation Jun. 14, 1999
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
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
McGray Construction Co. v. Director, Workers Compensation Programs
Injured employee performing nonmaritime work can be covered under Longshoremen's and Harbor Workers' Compensation Act.
Workers' Compensation Jun. 12, 1999
CNA Insurance Co. v. Workers' Compensation Appeals Board
Workers' Compensation Appeals Board has jurisdiction to award benefits to worker previously compensated under Jones Act.
Workers' Compensation Jun. 12, 1999
Aubry v. WCAB
Service of claim form with notice of lawsuit is sufficient to give Appeals Board jurisdiction.
Workers' Compensation Jun. 11, 1999
Runnion v. WCAB
Appeals Board's sanctions order against attorney for failure to appear is correct, but contempt order is not.
Workers' Compensation Jun. 10, 1999
Martin v. WCAB (Hughes Aircraft Co.)
Statements of independent witness employee don't become privileged simply because given in anticipation of litigation.
Workers' Compensation Jun. 10, 1999
Estrada v. WCAB
Board's decision regarding employee's vocational rehabilitation rights based on unenforceable agreement is erroneous.
Workers' Compensation Jun. 9, 1999