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Avalon Bay Foods v. Workers' Compensation Bd.
Penalty for delays in reimbursing workers' compensation claimant only applies to unreasonably delayed benefit.
Workers' Compensation Jun. 7, 1999
Industrial Indemnity Co. v. WCAB
California Insurance Guarantee Association isn't liable for employee's cumulative injuries where other insurers are adjudicated liable.
Workers' Compensation Jun. 7, 1999
Lenane v. Continental Maritime of San Diego Inc.
Tort action under Labor Code isn't barred by Longshore and Harbor Workers' Compensation Act's remedy provision.
Workers' Compensation Jun. 7, 1999
Transbay Container Terminal v. U.S. Dept. of Benefits Review Board
Medical records showing risk factors for fatal disability don't make employee's condition 'manifest' to employer.
Workers' Compensation Jun. 7, 1999
State Farm Fire and Casualty Co. v. WCAB
Son injured while working for father is covered employee for workers' compensation benefits.
Workers' Compensation Jun. 6, 1999
LaTourette v. WCAB
Employee's death isn't compensable since heart attack didn't arise out of and in course of employment.
Workers' Compensation Jun. 6, 1999
McNutt v. Benefits Review Board
Per diem used for food or lodging isn't includable as 'wage' for purposes of calculating disability benefits.
Workers' Compensation Jun. 6, 1999
Martin v. WCAB
Statements of independent witness employee don't become privileged simply because given in anticipation of litigation.
Workers' Compensation Jun. 4, 1999
Grossmont Hospital v. WCAB
Wage increases scheduled or reasonably anticipated at time of injury are factors in determining earning capacity.
Workers' Compensation Jun. 4, 1999
American International Adjustment Co., Inc. v. Crawford
Workers' Compensation insurer isn't sanctionable for filing tort action and administrative complaint for same alleged fraud.
Workers' Compensation Jun. 3, 1999
Ramey v. Stevedoring Services of America
Summary affirmance provision of Omnibus Consolidated Rescissions and Appropriations Act doesn't violate separation of powers.
Workers' Compensation May 27, 1999
Beckstead v. WCAB
Workers' Compensation Appeals Board abuses its discretion by not considering injured employee's cumulative trauma injury.
Workers' Compensation May 26, 1999
Housing Authority of the City of Los Angeles v. WCAB
Workers' Compensation Appeals Board has jurisdiction to determine if Housing Authority's chief of police is employee.
Workers' Compensation May 26, 1999
Jones Stevedoring Co. v. Director, Office of Workers Compensation Programs
Statute of limitations period begins to run when hearing-loss claimant's attorney receives audiogram.
Workers' Compensation May 26, 1999
Saipan Stevedore Co. Inc. v. Director, Office of Workers' Compensation Programs
Longshore and Harbor Workers' Compensation Act applies to Commonwealth of Northern Mariana Islands.
Workers' Compensation May 26, 1999
Kashuba v. Legion Insurance Co.
Employer's showing of prejudice from untimely notice need not include evidence of post-notice investigation attempts.
Workers' Compensation May 26, 1999
Fretland v. County of Humboldt
Workers' compensation is exclusive remedy against employer for claim of assault by co-worker.
Workers' Compensation May 24, 1999
Middletown Rancheria of Pomo Indians v. WCAB
Workers' Compensation Appeals Board doesn't have subject matter jurisdiction over federally recognized Indian tribe.
Workers' Compensation May 24, 1999
Janzen v. WCAB
Daughter of California resident killed while working out of state is entitled to death benefits.
Workers' Compensation May 21, 1999
McClune v. WCAB
Worker's Compensation Appeals Board doesn't exceed its power by taking additional evidence where there is conflict.
Workers' Compensation May 21, 1999
Todd Shipyards Corp. v. Director, Office of Workers Compensation Programs
No setoff for amounts employee receives from third parties where disability results from two distinct injuries.
Workers' Compensation May 21, 1999
Rando v. Standard Insurance Company
Order
Workers' Compensation May 21, 1999
General Dynamics Corp. v. WCAB
Asbestos exposure claim could be barred on res judicata grounds if injury known at time of prior settlement for asthma injury.
Workers' Compensation May 20, 1999
Foodmaker Inc. Et Al. v. Workers' Compensation Appeals Board Et Al.,
Undocumented alien injured at work isn't entitled to training for new occupation in home country.
Workers' Compensation May 19, 1999
VPS Management, Inc. v. Pacific Rim Assurance Company
No private right of action exists for alleged violations of reporting requirements for workers' compensation insurance.
Workers' Compensation May 6, 1999
Duhagon v. Metropolitan Stevedore Co.
Denial of permanent disability benefits properly based upon unequivocal physician's testimony despite statutory presumption of causation.
Workers' Compensation Apr. 29, 1999
Vuillemainroy v. American Rock & Asphalt Inc.
Workers' Compensation Act bars tort recovery despite employer's alleged criminal negligence
Workers' Compensation Apr. 21, 1999
Wiles v. Michelin North America Inc.
Injured employee who cannot perform job can be discharged during total disability.
Workers' Compensation Apr. 21, 1999
Wood v. Workers' Compensation Appeals Board
Medical-legal report is admissible if reporting doctor made good faith effort to identify others performing services.
Workers' Compensation Apr. 19, 1999
Scheffield Medical Group Inc. v. Workers' Compensation Appeals Board
Medical-legal reports inadmissible when office assistant exercises technical function of taking X-rays without legal authority.
Workers' Compensation Apr. 14, 1999