Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C085850
|
Department of Corrections v. W.C.A.B.
Section 4660 should be used when administrative judge makes determination of overall permanent disability. |
Workers' Compensation |
|
R. Robie | Sep. 27, 2018 |
S232197
|
King v. CompPartners, Inc.
When an injury arises out of and in the course of utilization review - a statutorily required part of the workers' compensation claims process - it is compensable under the Workers' Compensation Act. |
Workers' Compensation |
|
L. Kruger | Aug. 24, 2018 |
G054825
|
Tripplett v. Workers' Compensation Appeals Bd.
Workers' Compensation Appeals Board did not err in rejecting a claim due to lack of jurisdiction, where neither professional football player claimant nor his agent was in California when relevant contract signed. |
Workers' Compensation |
|
R. Aronson | Jul. 26, 2018 |
D072648
|
County of San Diego v. Workers' Compensation Appeals Board
Temporary disability benefits may not be awarded for time periods that extend beyond five years from the date of a worker's injury. |
Workers' Compensation |
|
C. Aaron | Mar. 7, 2018 |
A151857
|
City of South San Francisco v. Workers' Compensation Appeals Board
Lack of proximate cause established by a preponderance of the evidence rebuts the presumption an employer is responsible for a worker's injury under 'Section 3212' |
Workers' Compensation |
|
T. Bruiniers | Mar. 1, 2018 |
H044300
|
State Compensation Insurance Fund v. Workers' Compensation Appeals Board
Workplace injury does not qualify as sudden and extraordinary, for statutory purposes, because employee failed to show it was highly uncommon or unusual. |
Workers' Compensation |
|
P. Bamattre-Manoukian | Feb. 26, 2018 |
A143290
|
Zuniga v. Workers' Compensation Appeals Board
Section 4610.6, which prevents WCAB from disclosing the identity of independent medical review professionals, does not violate due process rights of injured workers. |
Workers' Compensation |
|
M. Miller | Jan. 29, 2018 |
G054220
|
Duncan v. Wal-Mart Stores Inc.
Lien against judgment injured employee obtained against third party tortfeasor must include entire amount of workers' compensation insurer paid to employee. |
Workers' Compensation |
|
R. Aronson | Dec. 15, 2017 |
D070915
|
Pearson Ford v. Workers' Compensation Appeals Board
Workers' compensation award for worker convicted of fraud not barred where medical evidence not resulting from fraud conviction supports compensable injury. |
Workers' Compensation |
|
P. Benke | Nov. 2, 2017 |
F072351
|
Ly v. County of Fresno
Adverse workers' compensation decisions bar correctional officers' Fair Employment Housing Act discrimination claims where both actions involve same primary rights. |
Workers' Compensation |
|
G. Gomes | Oct. 16, 2017 |
C081125
|
American Cargo Express v. Superior Court
Petition for writ of mandate denied where California Self-Insurers' Security Fund is permitted to bring action 'to recover compensation' it paid. |
Workers' Compensation |
|
L. Mauro | Oct. 16, 2017 |
B278696
|
Zhu v. Workers’ Compensation Appeals Board
Injuries suffered by home caretaker while riding her bike from one workplace to another constitutes compensable injury under exception to 'going and coming rule.' |
Workers' Compensation |
|
S. Kriegler | Jun. 22, 2017 |
B278412
|
Southern Insurance Co. v. Workers’ Compensation Appeals Board
Insurer not limited to cancellation of workers' compensation policy as only remedy but may also elect rescission; remand nevertheless warranted to determine effectiveness of attempted rescission. |
Workers' Compensation |
|
May 23, 2017 | |
C078706
|
City of Jackson v. WCAB
Genetics is a proper factor on which to base causation of disability, leading to annulment of WCAB's decision to the contrary. |
Workers' Compensation |
|
Apr. 27, 2017 | |
C078440
|
Ramirez v. Workers' Compensation Appeals Board
WCAB may not consider appeal challenging utilization reviewer's decision, as, statutorily, independent medical reviewer is only authority allowed to consider decisions revolving medical necessity. |
Workers' Compensation |
|
Mar. 30, 2017 | |
A147582
|
Marinwood Community Services Inc. v. Workers’ Compensation Appeals Board
Volunteer firefighter is considered an 'employee' for purposes of workers' compensation scheme and entitled to presumption that his cancer arose out of his employment. |
Workers' Compensation |
|
Mar. 30, 2017 | |
E065688
|
County of Riverside v. WCAB
WCAB does not violate statute in assigning liability to county employer even though employee's last four years of exposure had been with Indian tribe employer. |
Workers' Compensation |
|
Mar. 28, 2017 | |
C081618
|
Gage v. Workers' Compensation Appeals Board
WCAB has jurisdiction to enforce penalty provision for unreasonable delay in paying advance disability pension through Labor Code Section 5814. |
Workers' Compensation |
|
Dec. 22, 2016 | |
F070772
|
Lee v. West Kern Water District
Employee who prevailed at trial against coworkers who subjected her to mock robbery successfully overturns order granting new trial. |
Workers' Compensation |
|
Nov. 16, 2016 | |
B271987
|
Capital Builders Hardware Inc. v. Workers’ Compensation Appeals Board (Gaona)
Workers' Compensation Appeals Board order regarding ex parte communications not a final order and thus not reviewable via writ review in Court of Appeal. |
Workers' Compensation |
|
Nov. 16, 2016 | |
A146148
|
Taylor v. Dept. of Industrial Relations
Employer who failed to obtain workers' compensation coverage loses challenge over term 'calendar year' as that term is used in Labor Code Section 3722(b). |
Workers' Compensation |
|
Oct. 27, 2016 | |
B268700
|
Hernandez v. WCAB
California Highway Patrol sergeant injured on the job wins annulment of WCAB's decision and remand due to error in denying him additional compensation. |
Workers' Compensation |
|
Aug. 17, 2016 | |
B268231
|
Truck Insurance Exchange v. Workers’ Compensation Appeals Board
Decision precluding insurance company's defense of laches due to seven year delay in bringing claim affirmed where employer's knowledge of injury is imputed to insurer. |
Workers' Compensation |
|
Aug. 15, 2016 | |
B269038
|
State Compensation Insurance Fund v. Workers’ Compensation Appeals Board
Labor Code Section 4610.6(d)'s 30-day time limit is directory; hence, untimely independent medical review remains valid and binding upon parties as director's final determination. |
Workers' Compensation |
|
Jul. 18, 2016 | |
B269038
|
State Compensation Insurance Fund v. Workers’ Compensation Appeals Board
Labor Code Section 4610.6(d)'s 30-day time limit is directory; hence, untimely independent medical review remains valid and binding upon parties as director's final determination. |
Workers' Compensation |
|
Jun. 23, 2016 | |
13-72929
|
SSA Terminals and Homeport Insurance Co. v. Carrion
Injured worker prevails where administrative law judge uses wrong inquiry when determining whether worker's injury is temporary or permanent. |
Workers' Compensation |
|
May 12, 2016 | |
F071371
|
Matthews v. Liberty Assignment Corp.
Motion denying assignment of workers' compensation award to factoring company properly denied where such assignment contravenes California law. |
Workers' Compensation |
|
May 4, 2016 | |
B266633
|
Guerra v. Workers’ Compensation Appeals Board
Dishwasher's death from pulmonary hemorrhage while taking out trash at work constitutes 'industrial death' for purposes of awarding workers' compensation benefits. |
Workers' Compensation |
|
Apr. 28, 2016 | |
A146538
|
Travelers Casualty & Surety Co. v. Workers’ Compensation Appeals Board
Workers' Compensation Appeals Board order annulled where it erroneously interprets and applies law to find petitioner's psychiatric injury was caused by extraordinary employment condition. |
Workers' Compensation |
|
Apr. 26, 2016 | |
B263869
|
California Insurance Guarantee Association v. Workers' Compensation Appeals Board
Insurer remains liable for underlying workers' compensation obligations despite agreement apportioning liability with now-defunct co-insurer. |
Workers' Compensation |
|
Mar. 24, 2016 |