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Shirrod v. OWCP
Lodestar method of determining attorney's fees in workers' compensation case requires that a nexus exist between the relevant community used and the market rate that is applied.
Workers' Compensation Jan. 4, 2016
Batten v. WCAB, Long Beach Memorial
Workers' Compensation Appeals Board properly excluded petitioner's privately retained expert's opinion as barred under Labor Code Section 4061(i).
Workers' Compensation Nov. 18, 2015
Stevens v. Workers’ Compensation Appeals Board
Reforms to workers' compensation scheme establishing independent medical review process passes constitutional muster.
Workers' Compensation Nov. 16, 2015
Stevens v. Workers’ Compensation Appeals Board
Reforms to workers' compensation scheme establishing independent medical review process passes constitutional muster.
Workers' Compensation Nov. 5, 2015
Stevens v. Workers’ Compensation Appeals Board
Reforms to workers' compensation scheme establishing independent medical review process passes constitutional muster.
Workers' Compensation Oct. 30, 2015
Batten v. WCAB, Long Beach Memorial
Workers' Compensation Appeals Board properly excluded petitioner's privately retained expert's opinion as barred under Labor Code Section 4061(i).
Workers' Compensation Oct. 29, 2015
Larkin v. W.C.A.B.
Workers' compensation statutory scheme pertaining to volunteer peace officers does not apply to sworn, salaried officers.
Workers' Compensation Oct. 27, 2015
New York Knickerbockers v. Workers’ Compensation Appeals Board
Application of California's workers' compensation law to former NBA player who sustained cumulative injuries while playing for multiple teams is reasonable.
Workers' Compensation Oct. 5, 2015
Contra Costa Co. v. Workers' Compensation Appeals Board
Reversal required where worker's compensation appeals board's decision awarding employee permanent disability rating of 79 percent does not comport with approved methods for rebutting rating.
Workers' Compensation Sep. 28, 2015
Melendrez v. Ameron International Corp.
Workers' compensation exclusivity bars wrongful death lawsuit relating to deceased employee's at-home exposure to asbestos.
Workers' Compensation Sep. 21, 2015
Dept. of Corrections and Rehabilitation v. Workers’ Compensation Appeals Board
Workers' compensation death benefits for widow of former prison guard is annulled due to WCAB's failure to address widow's entitlement to special death benefits under PERS.
Workers' Compensation Jul. 22, 2015
Angelotti Chiropractic Inc. v. Baker
State law requiring $100 activation fee before filing lien claim has a rational basis and court erred in granting preliminary injunction.
Workers' Compensation Jun. 29, 2015
South Coast Framing Inc. v. Workers’ Compensation Appeals Board
To qualify for workers' compensation death benefits, industrial injury must be a contributing cause to employee's death, but need not constitute a 'material factor' contributing to the death.
Workers' Compensation May 28, 2015
Lozano v. Workers’ Compensation Appeals Board
Survivors of deceased firefighter may be entitled to workers' compensation benefits pursuant to recently enacted law extending 'cancer presumption' to firefighters.
Workers' Compensation May 13, 2015
Robles v. Employment Development Dept.
EDD must comply with enforcement order requiring it to pay wrongfully withheld unemployment compensation benefits.
Workers' Compensation May 5, 2015
Schultz v. Workers’ Compensation Appeals Board
“Going and coming rule,” doesn’t deprive employee of workers’ compensation for injuries suffered in accident while driving on air force base where his employer is located.
Workers' Compensation Feb. 2, 2015
Ogden Entertainment Services v. Workers’ Compensation Appeals Board
Lifetime workers’ compensation award to permanently psychiatrically disabled worker overturned due to his refusal to submit to cross-examination.
Workers' Compensation Jan. 30, 2015
Schultz v. Workers’ Compensation Appeals Board
“Going and coming rule,” doesn’t deprive employee of workers’ compensation for injuries suffered in accident while driving on air force base where his employer is located.
Workers' Compensation Jan. 7, 2015
California Insurance Guarantee Association v. Workers’ Compensation Appeals Board
Workers’ Compensation Appeals Board retains jurisdiction over consolidated medical billing dispute despite recent legislation affecting resolution of such disputes.
Workers' Compensation Dec. 18, 2014
LeFiell Manufacturing Co. v. Superior Court (Watrous)
Worker injured by power press machine may not make claim outside workers’ compensation, because door removed from machine was not ‘point of operation guard.’
Workers' Compensation Aug. 7, 2014
Benavides v. WCAB
Judge correctly reopens case where stipulated judgment of disability was approved despite test that showed employee’s condition was worse than previously believed.
Workers' Compensation Jul. 20, 2014
Young v. WCAB
Correctional sergeant qualifies for workers compensation after injuring himself doing jumping jacks because he reasonably believed his employment required exercise.
Workers' Compensation Jun. 25, 2014
The Regents of the University of California v. WCAB
WCAB improperly orders employer to produce documents it asserted were privileged to a special master for preliminary determination as to the validity of claimed privilege.
Workers' Compensation Jun. 17, 2014
Lantz v. WCAB
Widow is not entitled to workers’ compensation benefits following death of her correctional officer husband during drive home, after he served a hold-over shift.
Workers' Compensation Jun. 11, 2014
Lantz v. WCAB
Widow is not entitled to workers’ compensation benefits following death of her correctional officer husband during drive home, after he served a hold-over shift.
Workers' Compensation May 21, 2014
Peabody Coal Co. v. Director, Office of Workers' Compensation Programs
Administrative law judge may consider regulatory preamble to Black Lung Benefits Act when deciding whether to award benefits to coal miner with lung disease.
Workers' Compensation Apr. 2, 2014
County of Nevada v. WCAB
Sheriff’s deputy is not entitled to full night shift pay when he returned to work on ‘modified duty’ after injuring his shoulder.
Workers' Compensation Jan. 30, 2014
Larkin v. WCAB
Salaried peace officer may not receive disability benefits under statute intended to provide benefits only to voluntary peace officers.
Workers' Compensation Jan. 29, 2014
City of Sacramento v. WCAB
Physician may determine whether police officer's foot condition left him permanently disabled by making analogy to a different condition.
Workers' Compensation Jan. 16, 2014
Federal Insurance Co. v. WCAB
Former WNBA player cannot recover workers' compensation in California when she played one of 34 professional basketball games in California.
Workers' Compensation Dec. 3, 2013