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Name Category Published
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
Edward Carey Construction Co. v. State Compensation Insurance Fund
Workers' compensation exclusivity does not bar insured employer's breach of contract and bad faith claims against insurer, which arose after employee's work-related injury. 		Workers' Compensation Apr. 20, 2011
United States Fidelity and Guaranty Co. v. Lee Investments LLC
WCAB does not have exclusive jurisdiction over insurer's complaint against employer seeking rescission of workers’ compensation policy. 		Workers' Compensation Apr. 18, 2011
Angelotti v. The Walt Disney Co.
Workers’ compensation is exclusive remedy for employee’s negligence claims against employer. 		Workers' Compensation Feb. 25, 2011
State Farm Insurance Co. v. WCAB
Court-appointed medical expert is disqualified, regardless of prejudicial effect, where party in workers’ compensation claim engages in ex parte communications. 		Workers' Compensation Jan. 27, 2011
Price v. Stevedoring Services of America Inc.
Interest on past due disability payments under Longshore and Harbor Workers' Compensation Act is properly calculated as simple interest at rate in 28 U.S.C. Section 1961(a). 		Workers' Compensation Dec. 15, 2010
Albina Engine & Machine v. OWCP
Presumption of claim rising under Longshore and Harbor Workers’ Compensation Act applies to each employer to determine liability, not just claim in general. 		Workers' Compensation Dec. 12, 2010
San Francisco Unified School District v. WCAB
Workers’ compensation calculation for psychiatric injury caused partly by personnel action is proper when based on both industrial and non-industrial factors. 		Workers' Compensation Nov. 16, 2010
Fireman’s Fund Insurance Co. v. WCAB
Agreement between employers where one employer agreed to obtain insurance coverage for mutual employees does not extinguish joint liability for workers’ compensation claims. 		Workers' Compensation Nov. 9, 2010
SunLine Transit Agency v. Amalgamated Transit Union Local 1277
Arbitration award including reinstatement and back pay does not contravene Workers' Compensation Act where termination absent just cause was outside compensation bargain. 		Workers' Compensation Oct. 18, 2010
Stellar v. Sears, Roebuck and Co.
Court commits harmless error in failing to consider extrinsic evidence of parties’ intent to settle civil and workers’ compensation claims. 		Workers' Compensation Oct. 14, 2010
Fireman’s Fund Insurance Co. v. WCAB
Agreement between employers where one employer agreed to obtain insurance coverage for mutual employees does not extinguish joint liability for workers’ compensation claims. 		Workers' Compensation Oct. 12, 2010
Bigge Crane & Rigging Co. v. WCAB
Award of additional compensation cannot be sustained where truck crane operator only provided direction to handful of workers to help with disassembly. 		Workers' Compensation Oct. 4, 2010
Milpitas Unified School District v. WCAB
Labor Code permits reliance on ‘Guides to the Evaluation of Permanent Impairment,’ including its clinical judgment provision, in deriving workers’ impairment rating. 		Workers' Compensation Sep. 3, 2010
Milpitas Unified School District v. WCAB
Labor Code permits reliance on ‘Guides to the Evaluation of Permanent Impairment,’ including its clinical judgment provision, in deriving workers’ impairment rating. 		Workers' Compensation Aug. 20, 2010
Alvarez v. WCAB
Ex parte communication with panel qualified medical evaluator is prohibited even if evaluator initiated communication that only involved administrative matters. 		Workers' Compensation Aug. 16, 2010
Koszdin v. State Compensation Insurance Fund
Superior court lacks jurisdiction to provide interest on attorney fees derived from Workers’ Compensation Appeals Board award. 		Workers' Compensation Jul. 7, 2010
Los Angeles County Fire Dept. v. WCAB
Workers’ compensation rights are statutory rights that end with statute’s repeal before claim’s final judgment. 		Workers' Compensation May 27, 2010
Loranger v. Jones
Contractor’s showing of workers’ compensation insurance for employees is sufficient to show his license is not suspended for failing to obtain insurance. 		Workers' Compensation May 16, 2010
Alvarez v. WCAB
Ex parte communication with panel qualified medical evaluator is prohibited even if evaluator initiated communication that only involved administrative matters. 		Workers' Compensation May 16, 2010
Trachsel v. Rogers Terminal & Shipping Corp.
Unworked, paid holidays are considered 'work days' under Longshore and Harbor Workers' Compensation Act. 		Workers' Compensation Mar. 9, 2010
Rhine v. Stevedoring Services of America
Judge properly determines compensation for injured longshoreman based on average wage of all workers in same profession and availability of alternative employment. 		Workers' Compensation Mar. 7, 2010
City of Laguna Beach v. California Insurance Guarantee Association
CIGA need not reimburse self-insured employer for benefits paid for cumulative injury if liability is based on period when employer did not buy excess insurance. 		Workers' Compensation Mar. 3, 2010
Lara v. Workers' Compensation Appeals Board
Gardener with control over means with which to accomplish result of pruning is independent contractor and not eligible for workers compensation benefits. 		Workers' Compensation Feb. 28, 2010
Elliott v. WCAB
Employer must instigate spinal surgery second opinion process following utilization review decision to deny treatment. 		Workers' Compensation Feb. 25, 2010
Fireman's Fund Insurance Co. v. WCAB
WCAB improperly sets aside order where law regarding liability was unsettled at time parties entered into stipulation agreement. 		Workers' Compensation Feb. 1, 2010
United States Life Insurance Co. v. Superior National Insurance Co.
No misconduct occurs when arbitration panel resorts to closed meetings with experts to resolve dispute among workers’ compensation insurers. 		Workers' Compensation Jan. 5, 2010
Trachsel v. Rogers Terminal & Shipping Corp.
Unworked, paid holidays are considered 'work days' under Longshore and Harbor Workers' Compensation Act. 		Workers' Compensation Dec. 31, 2009
Duncan v. WCAB
Worker’s disability payments will increase annually beginning Jan. 1, 2004 even though industrial injury occurred on Jan. 20, 2004. 		Workers' Compensation Nov. 29, 2009
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