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Drain v. Betz Laboratories Inc.
Upon statement of total inability to work in workers' compensation proceeding, judicial estoppel bars subsequent claim.
Workers' Compensation Apr. 13, 1999
City of Richmond v. Commission on State Mandates (State of California)
Statute eliminating offset for certain workers' compensation death benefits isn't a reimbursable state mandate.
Workers' Compensation Apr. 12, 1999
Bakersfield v. WCAB
Individual designated as witness by one party but not called may be cross-examined by other party.
Workers' Compensation Apr. 12, 1999
Moyle v. Director, Office of Workers' Compensation Programs
Disability payments under Longshore and Harbor Workers' Compensation Act may be garnished for spousal support.
Workers' Compensation Apr. 11, 1999
Johnson v. WCAB
Person determined to be qualified injured worker is entitled to rehabilitation benefits from date of application.
Workers' Compensation Apr. 11, 1999
M/A Com-Phi v. WCAB
Opinions of reporting doctors aren't substantial evidence if they haven't viewed relevant surveillance films.
Workers' Compensation Apr. 1, 1999
Costa v. Workers' Compensation Appeals Board
Statute authorizing creation, through collective bargaining, of alternative procedures for workers' compensation claims is valid
Workers' Compensation Mar. 30, 1999
G.E. Engine Maintenance/Electric Insurance v. Workers' Compensation Appeals Board
Driving on street with trucks and vans doesn't meet 'special risk' exception to workers' compensation law's 'coming and going' rule.
Workers' Compensation Mar. 29, 1999
Tudor Ranches Inc. v. State Compensation Insurance Fund
Appeal from stipulated judgment is proper where unadjudicated causes of action were dismissed with prejudice.
Workers' Compensation Mar. 29, 1999
Fretland v. Humboldt
Workers' compensation is exclusive remedy against employer for claim of assault by co-worker.
Workers' Compensation Mar. 29, 1999
Wood v. WCAB
Medical-legal report is admissible if reporting doctor made good faith effort to identify others performing services.
Workers' Compensation Mar. 29, 1999
Avalon Bay Foods v. WCAB
Employer or insurer has 60 days to reimburse injured worker for medical treatment transportation costs.
Workers' Compensation Mar. 26, 1999
State Compensation Insurance Fund v. WCAB
Clerical error causing one-week delay in payment of benefits doesn't trigger 10 percent statutory penalty.
Workers' Compensation Mar. 26, 1999
Tensfeldt v. WCAB
Worker convicted of insurance fraud is barred from receiving benefits in connection with underlying injury.
Workers' Compensation Mar. 26, 1999
Brassinga v. City of Mountain View
Conflicting evidence bars directed verdict that city wasn't employer of person killed in police training exercise.
Workers' Compensation Mar. 26, 1999
Benafield v. Industrial Commission of Arizona
Failure to hear treating physician's testimony regarding magnitude of plaintiff's injury is error.
Workers' Compensation Mar. 25, 1999
Marcus v. State of Kansas
State assessment fee for disabled parking placards is considered a 'fee' rather than a 'tax.'
Workers' Compensation Mar. 24, 1999
Keulen v. WCAB
New, undisputed medical evidence rebuts presumption that original treating physician's evaluation was correct.
Workers' Compensation Mar. 19, 1999
State Compensation Insurance Fund v. WCAB
Payment of benefits within time period specified by settlement agreement doesn't violate Labor Code.
Workers' Compensation Mar. 19, 1999
Matulic v. Director, Office of Workers Compensation Programs
Benefits are based on worker's pay at time of injury though he didn't work full-time throughout measuring year.
Workers' Compensation Mar. 18, 1999
Amos v. Director, Office of Workers' Compensation Programs
Injured employee faced with differing, medically reasonable treatment options may choose among them.
Workers' Compensation Mar. 17, 1999
Foodmaker Inc. v. WCAB
Undocumented alien injured at work isn't entitled to training for new occupation in home country.
Workers' Compensation Mar. 15, 1999
Sabath v. WCAB
Salary received during period of entitlement of maintenance isn't credited toward cap on rehabilitation benefits.
Workers' Compensation Mar. 12, 1999
Keulen v. WCAB
New, undisputed medical evidence rebuts presumption that original treating physician's evaluation was correct.
Workers' Compensation Mar. 12, 1999
Neel v. Workers' Compensation Appeals Board
Settlement doesn't prevent penalties from being assessed for prior acts of unreasonable delay.
Workers' Compensation Mar. 12, 1999
American Manufacturers Mutual Insurance Co. v. Sullivan
Private insurers not subject to Fourteenth Amendment constraints absent close nexus between State and challenged action.
Workers' Compensation Mar. 11, 1999
Chevron, U.S.A., Inc. v. Workers' Compensation Appeals Board
Workers' Compensation Act doesn't restrict type of income used to calculate surviving spouse's death benefits
Workers' Compensation Mar. 10, 1999
Cerka v. Salt Lake County
Order
Workers' Compensation Mar. 4, 1999
County of Sacramento v. Workers' Compensation Appeals Board
No penalty for unreasonable delay in payment of benefits where eight days late due to clerical error.
Workers' Compensation Feb. 26, 1999
Gonzales v. Workers' Compensation Appeals Board and Hunt-Wesson, Inc.
Injured worker isn't allowed disability benefits when there is no evidence of actual wage loss.
Workers' Compensation Feb. 26, 1999