Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B209336
|
Gelson's Markets Inc. v. WCAB
Employer is not liable for backpay for preventing employee from returning to work where employer did not treat employee differently from regular workers. |
Workers' Compensation |
|
Nov. 16, 2009 | |
B211331
|
City of Los Angeles v. WCAB
City is not required to pay additional benefits to state when it awarded benefits to mother of unmarried and childless deceased employee. |
Workers' Compensation |
|
Nov. 12, 2009 | |
D054197
|
Esquivel v. WCAB
Employer is not liable for workers’ compensation recipient’s injuries sustained while traveling to medical appointment outside 'reasonable geographic area.' |
Workers' Compensation |
|
Oct. 14, 2009 | |
08-803
|
Opinion of Brown
Entity not licensed to practice medicine cannot perform professional radiology services as part of Medical Provider Network. |
Workers' Compensation |
|
Sep. 28, 2009 | |
B212205
|
Beverly Hilton Hotel v. WCAB
Applicant is not entitled to vocational rehabilitation benefits where legislature repealed statute on which claim was based while action was pending. |
Workers' Compensation |
|
Aug. 28, 2009 | |
C061042
|
Baur v. WCAB
Employer is entitled to credit against liability for future payments to injured employee where insurer settled claim on behalf of insolvent insurer. |
Workers' Compensation |
|
Aug. 24, 2009 | |
C059760
|
J.C. Penney Co. v. WCAB
Temporary disability indemnity credits incorrectly calculated from date of medical examination instead of treating physician's determination. |
Workers' Compensation |
|
Jul. 9, 2009 | |
G040242
|
Zaragoza v. Ibarra
Worker hired by unlicensed contractor on home remodeling project is outside of workers' compensation system where he worked less than 52 hours. |
Workers' Compensation |
|
Jul. 2, 2009 | |
G040242
|
Zaragoza v. Ibarra
Worker hired by unlicensed contractor on home remodeling project is outside of workers' compensation system where he worked less than 52 hours. |
Workers' Compensation |
|
Jun. 10, 2009 | |
S150528
|
Smith v. WCAB
Employees are not entitled to attorney fees where insurer unsuccessfully disputes requests for specific medical treatment. |
Workers' Compensation |
|
May 11, 2009 | |
B207660
|
Bontempo v. WCAB
Workers' compensation judge errs in failing to apply Labor Code Section 4658 where undisputed evidence supported claim. |
Workers' Compensation |
|
May 3, 2009 | |
A120462
|
Benson v. WCAB
Apportionment according to causation requires that each distinct industrial injury be separately compensated based on individual contribution to permanent disability. |
Workers' Compensation |
|
Feb. 12, 2009 | |
H032438
|
Hertz Corp. v. WCAB
Finding of permanent total disability is improper where based on employee's inability to read and write English. |
Workers' Compensation |
|
Dec. 18, 2008 | |
C057392
|
Lewis v. WCAB
Injured worker's condition need not be 'permanent and stationary' for Labor Code Section 4660(d) report to indicate permanent disability. |
Workers' Compensation |
|
Nov. 24, 2008 | |
06-15664
|
Travelers Property Casualty Co. of America v. ConocoPhillips Co.
Employer’s waiver of insurer's statutory right to credit against future benefits is valid under workers' compensation insurance policy. |
Workers' Compensation |
|
Oct. 21, 2008 | |
B202828
|
Medrano v. WCAB
Vocational rehabilitation maintenance allowance is not subject to wage-loss credit where worker is awarded benefits when he also has earnings. |
Workers' Compensation |
|
Sep. 26, 2008 | |
C057410
|
Dept. of Corrections and Rehabilitation v. WCAB (Alexander)
WCAB properly declined to apportion heart injury where Labor Code Section 4663(e) declared existing law when enacted. |
Workers' Compensation |
|
Sep. 11, 2008 | |
C056727
|
Duncan v. WCAB
Sanctions may not be imposed against Uninsured Employers Benefits Trust Fund for noncompliance with attorney fee award. |
Workers' Compensation |
|
Aug. 27, 2008 | |
A121204
|
Mt. Diablo Unified School District v. WCAB
WCAB's decision is annulled where Education Code Section 44043 payments are deemed, in part, to be temporary disability benefits. |
Workers' Compensation |
|
Aug. 12, 2008 | |
S149257
|
State Compensation Insurance Fund v. WCAB
Employers may not bypass mandatory utilization review process to deny treatment requests by using alternative review method under Labor Code Section 4062. |
Workers' Compensation |
|
Jul. 8, 2008 | |
C054907
|
Barr v. WCAB
Report's admissibility as evidence under Labor Code Section 5703 lacks bearing on Workers' Compensation Appeals Board's authority to award costs for preparation. |
Workers' Compensation |
|
Jun. 25, 2008 | |
B199404
|
California Insurance Guarantee Association v. WCAB
Insurer fails to show actual knowledge sufficient to end tolling of limitations period where employer fails to advise injured worker of rights. |
Workers' Compensation |
|
Jun. 6, 2008 | |
B198347
|
Caso v. Nimrod Productions Inc.
Workers' compensation exclusivity bars injured employee's personal injury action against stunt coordinators who are special employees of Touchstone. |
Workers' Compensation |
|
Jun. 6, 2008 | |
B198139
|
Anteople Valley Press v. Poizner
Substantial evidence supports administrative findings and decision that newspaper delivery carriers are employees, not independent contractors. |
Workers' Compensation |
|
Jun. 2, 2008 | |
A119814
|
Facundo-Guerrero v. WCAB
Labor Code Section 4604.5(d) limiting injured workers to 24 chiropractic treatment and physical therapy visits per injury is not unconstitutional. |
Workers' Compensation |
|
Jun. 2, 2008 | |
B199429
|
Tomlin v. WCAB
Petitioner should have received workers compensation benefits even though he sustained injury while running during his vacation. |
Workers' Compensation |
|
May 19, 2008 | |
B198139
|
Antelope Valley Press v. Poizner (State Compensation Insurance Fund)
Substantial evidence supports administrative findings and decision that newspaper delivery carriers are employees, not independent contractors. |
Workers' Compensation |
|
May 2, 2008 | |
F053350
|
Brooks v. WCAB
Under current statutory scheme, state employees are limited to maximum of two years of combined temporary disability indemnity. |
Workers' Compensation |
|
Apr. 22, 2008 | |
C056820
|
Foster v. WCAB
Petitioner entitled to two periods of temporary disability, which are to run concurrently pursuant to Labor Code Section 4656. |
Workers' Compensation |
|
Apr. 18, 2008 | |
B197186
|
Zenith Insurance Co. v. WCAB
New Schedule For Rating Permanent Disabilities applies to claim where final disability payment was made after new schedule’s effective date. |
Workers' Compensation |
|
Jan. 30, 2008 |