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Acme Steel v. WCAB
WCAB must determine what percentage of employee's hearing loss was caused by occupational factors before awarding total disability.
Workers' Compensation Aug. 12, 2013
State Farm General Insurance Co. v. WCAB
Workers’ compensation insurer cannot sue other insurer for reimbursement in relation to decades-old claim for failure to seek judicial review of prior decisions.
Workers' Compensation Jul. 29, 2013
County of Sacramento v. WCAB
Probation officer who felt his authority was being undermined is not entitled to compensation for psychiatric injury because personnel actions substantially caused his injury.
Workers' Compensation May 2, 2013
County of Sacramento v. WCAB
Probation officer who felt his authority was being undermined is not entitled to compensation for psychiatric injury because personnel actions substantially caused his injury.
Workers' Compensation Apr. 23, 2013
County of Alameda v. WCAB
Salary continuation benefits paid to injured officer are workers' compensation benefits, which count toward 104-week limit on benefits payment for temporary disability.
Workers' Compensation Jan. 31, 2013
Adventist Health v. Workers' Compensation Appeals Board
Injured worker cannot be reimbursed for treatment of back injury where she unilaterally selects doctor without first providing treatment plan to employer.
Workers' Compensation Nov. 27, 2012
The Kroger Co. v. WCAB
Vocational rehabilitation maintenance award to injured employee is set aside after WCAB improperly denied employer’s appeal of decision.
Workers' Compensation Oct. 31, 2012
City of Sebastopol v. WCAB
Labor Code provisions creating incentives for employers to offer return to work for permanently injured employees are inapplicable where employee never lost work time.
Workers' Compensation Aug. 30, 2012
LeFiell Manufacturing Co. v. Superior Court (Watrous)
Spouse cannot assert derivative loss of consortium claim for husband's non-fatal power press injury because it is barred by workers' compensation law.
Workers' Compensation Aug. 21, 2012
Matthews v. National Football League Management Council
California's 'no-waiver' workers’ compensation policy does not apply to football player's claim because no specific injury occured in California.
Workers' Compensation Aug. 7, 2012
Pacific Ship Repair and Fabrication Inc. v. Office of Worker Compensation Programs
Under Longshore Act, finding of partial permanent disability does not preclude later finding of temporary disability for same underlying injury during period of recuperation.
Workers' Compensation Jul. 25, 2012
Collins v. Union Pacific Railroad Co.
Plaintiff may recover under both workers’ compensation and Federal Employers’ Liability Act for damages where ‘special employment’ with railroad company is established.
Workers' Compensation Jul. 13, 2012
Meeks Building Center v. WCAB
Single payment of benefits required for attending qualified medical evaluation does not commence limitation period for payment of temporary disability benefits.
Workers' Compensation Jun. 27, 2012
Valdez v. WCAB
Medical report of treating physician is admissible even where physician is not part of medical provider network.
Workers' Compensation Jun. 19, 2012
State Compensation Insurance Fund v. WCAB
Employee's claim for psychiatric injury is barred because he was not employed for more than six months, and injury was not particularly unusual under circumstances.
Workers' Compensation Mar. 28, 2012
Barrett Business Services Inc. v. WCAB
Employer must still pay settlement proceeds to workers' compensation claim applicant, who never received check that was stolen and cashed by thief.
Workers' Compensation Mar. 22, 2012
Roberts v. Sea-Land Services Inc.
Employee is ‘newly awarded compensation’ when he first becomes disabled and thus, becomes statutorily entitled to benefits under Longshore and Harbor Workers’ Compensation Act.
Workers' Compensation Mar. 20, 2012
Sanchez v. Brooke
Under workers’ compensation law, employer must pay injured employee’s medical expenses in full and employee is not liable for any unpaid balance.
Workers' Compensation Mar. 8, 2012
County of San Bernardino v. WCAB
Employee may not recover benefits based on physical manifestations of effects of stress suffered at work caused by good faith personnel actions.
Workers' Compensation Mar. 1, 2012
California Insurance Guarantee Association v. WCAB (Oracle Imaging)
Personal representative of medical providers is not excluded from pursuing claims against California Insurance Guarantee Association under Insurance Code Section 1063.1(c)(9).
Workers' Compensation Feb. 28, 2012
Allied Interstate Inc. v. Sessions Payroll Management Inc.
Employer is obligated to pay workers' compensation policy premium, which had been increased by application of 121 percent experience modifier.
Workers' Compensation Feb. 17, 2012
Pacific Operators Offshore LLP v. Valladolid
Outer Continental Shelf Lands Act extends workers’ compensation coverage to employee who establishes substantial nexus between injury and employer’s extractive operations.
Workers' Compensation Jan. 12, 2012
Bautista v. State of California
Article XIV, Section 4 of California Constitution does not provide cause of action for state's alleged failure to secure safety in places of employment.
Workers' Compensation Dec. 8, 2011
State Compensation Insurance Fund v. WCAB
Apportionment of permanent disability is required even if evaluating physician found that second injury was compensable consequence of first injury to same body part.
Workers' Compensation Dec. 2, 2011
County of Kern v. WCAB
Member of volunteer fire department is properly deemed employee of county where county directly assisted in training members and provided financial support to department.
Workers' Compensation Nov. 2, 2011
Baker v. WCAB
Annual cost of living adjustments for permanent disability indemnity are to be applied prospectively commencing on Jan. 1 of year following date of injured worker's eligibility.
Workers' Compensation Oct. 20, 2011
Motheral v. WCAB
Value of employee’s living quarters, utilities, and car allowance should be considered in calculation of average weekly earnings and resulting disability payment.
Workers' Compensation Sep. 14, 2011
Baker v. WCAB
Annual cost of living adjustments for permanent disability indemnity are to be applied prospectively commencing on Jan. 1 of year following date of injured worker’s eligibility.
Workers' Compensation Aug. 12, 2011
Ogilvie v. WCAB
Employee’s rebuttal of application of rating schedule as percentage of permanent disability must be based on permissible data under Labor Code.
Workers' Compensation Aug. 1, 2011
Coca-Cola Enterprises Inc. v. WCAB
Worker rendered temporarily totally disabled is entitled to statutory rate of two-thirds his average weekly earnings, not higher, maximum rate.
Workers' Compensation Apr. 25, 2011