Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C055711
|
Verga v. Workers' Compensation Appeals
Bd.
Public officials and other fiduciaries cannot profit by breach of their fiduciary duty and disgorgement of profits is applicable when this happens. |
Workers' Compensation |
|
Jan. 28, 2008 | |
C055711
|
Verga v. WCAB
WCAB properly denies compensation where it found that employee's claims of abuse and persecution did not occur. |
Workers' Compensation |
|
Jan. 24, 2008 | |
B198100
|
Genlyte Group LLC v. WCAB
Treating physician or medical-legal report need not state worker's condition has reached permanent and stationary status to show permanent disability exists. |
Workers' Compensation |
|
Jan. 7, 2008 | |
05-17306
|
Tahara v. Matson Terminals Inc.
Award of attorney fees for work performed to secure late payment award is proper under Longshore and Harbor Workers’ Compensation Act. |
Workers' Compensation |
|
Dec. 28, 2007 | |
H031049
|
Tanimura & Antle v. WCAB
Although respondent's injury occurred before 2005 reform of Permanent Disability Rating Schedule, new version of schedule still applies. |
Workers' Compensation |
|
Dec. 20, 2007 | |
B182561
|
Perrillo v. Picco & Presley
Physician's recovery for services rendered is limited where he may only be compensated within workers' compensation system. |
Workers' Compensation |
|
Dec. 9, 2007 | |
A113864
|
Sharareh v. WCAB
WCAB order sustaining arbitrator’s denial of benefits is annulled because arbitrator failed to provide summary of evidence for basis of denial. |
Workers' Compensation |
|
Oct. 21, 2007 | |
B194696
|
Hodgman v. WCAB
In workers' compensation case, guardian ad litem was entitled to compensation for duplicative care provided by assisted living facility and employer should bear expense. |
Workers' Compensation |
|
Oct. 2, 2007 | |
B194696
|
Hodgman v. WCAB
In workers' compensation case, guardian ad litem was entitled to compensation for duplicative care provided by assisted living facility and employer should bear expense. |
Workers' Compensation |
|
Sep. 12, 2007 | |
C054091
|
Vierra v. Workers' Compensation Appeals Board
WCAB has authority over enforcement of contract setting fees between applicant and his attorney. |
Workers' Compensation |
|
Sep. 4, 2007 | |
D049629
|
Vera v. Workers' Compensation Appeals Board (State Compensation Insurance Fund)
Old schedule applies to claim arising before Jan. 1, 2005 when physician's report prior to that date indicates permanent and stationary status. |
Workers' Compensation |
|
Aug. 30, 2007 | |
D049629
|
Vera v. Workers' Compensation Appeals Board (State Compensation Insurance Fund)
Old schedule applies to claim arising before Jan. 1, 2005 when physician's report prior to that date indicates permanent and stationary status. |
Workers' Compensation |
|
Aug. 30, 2007 | |
B192962
|
California Insurance Guarantee Association v. Workers' Compensation Appeals Board
Solvent insurer is jointly and severally liable for all temporary workers compensation benefits paid by CIGA because it qualifies as ‘other insurance.’ |
Workers' Compensation |
|
Aug. 8, 2007 | |
C053595
|
California Horse Racing Board v. WCAB
WCAB errs in applying 'heart trouble presumption' to special investigator awarded work-related disability benefits for heart attack. |
Workers' Compensation |
|
Jul. 31, 2007 | |
C053854
|
Chang v. Workers' Compensation Appeals Board
Under Labor Code Section 4660(d), new disability rating schedule applies to injuries before 2005 unless one of enumerated exceptions can be established. |
Workers' Compensation |
|
Jul. 25, 2007 | |
C055273
|
Energetic Painting and Drywall Inc. v. Workers' Compensation Appeals Board
2005 schedule governs worker's permanent disability rating when employer was not required to provide notice until last temporary disability payment. |
Workers' Compensation |
|
Jul. 24, 2007 | |
A116761
|
Zenith Insurance Co. v. Workers' Compensation Appeals Board
Workers’ Compensation Appeals Board erroneously applies wrong permanent disability rating schedule to injured worker’s permanent disability claim. |
Workers' Compensation |
|
Jul. 19, 2007 | |
B192962
|
California Insurance Guarantee Association v. Workers' Compensation Appeals Board
Solvent insurer is jointly and severally liable for all temporary workers compensation benefits paid by CIGA because it qualifies as ‘other insurance.’ |
Workers' Compensation |
|
Jul. 19, 2007 | |
05-75337
|
Peru v. Sharpshooter Spectrum Venture LLC
Employee of photographic services on World War II battleship falls within Longshore and Harbor Workers' Compensation Act's 'retail outlet' exclusion. |
Workers' Compensation |
|
Jun. 27, 2007 | |
A116145
|
Costco Wholesale Corp. v. Workers' Compensation Board
Compensation award calculated using Costco's former rating schedule is annulled where injured employee's medical-legal report does not indicate permanent disability. |
Workers' Compensation |
|
Jun. 15, 2007 | |
A116145
|
Costco Wholesale Corp. v. Workers' Compensation Board
Compensation award calculated using Costco's former rating schedule is annulled where injured employee's medical-legal report does not indicate permanent disability. |
Workers' Compensation |
|
Jun. 14, 2007 | |
A115635
|
Sarabi v. Workers' Compensation Appeals Board
Additional disability benefits awarded to worker who timely files petition to reopen case for worsening condition within five years of injury. |
Workers' Compensation |
|
Jun. 1, 2007 | |
A115635
|
Sarabi v. Workers' Compensation Appeals Board
Additional disability benefits awarded to worker who timely files petition to reopen case for worsening condition within five years of injury. |
Workers' Compensation |
|
Jun. 1, 2007 | |
S146979
|
Brodie v. Workers' Compensation Appeals Board
'Fuentes' method of disability apportionment remains correct method for apportioning compensation between causes of disability. |
Workers' Compensation |
|
May 3, 2007 | |
G036312
|
InfiNet Marketing Services Inc. v. American Motorists Insurance Co.
Insurance broker, who introduced client companies to employee leasing company, is not a third-party beneficiary of insurance contract. |
Workers' Compensation |
|
Apr. 25, 2007 | |
B187206
|
Heiman v. WCAB (Aguilera)
Homeowners association and property manager are both liable for workers' compensation when employee of unlicensed contractor is injured first day on job. |
Workers' Compensation |
|
Apr. 23, 2007 | |
B191064
|
Andersen v. Workers' Compensation Appeals Board, City of Santa Barbara
City improperly requires employee to use vacation, rather than sick leave, for industrial injury. |
Workers' Compensation |
|
Apr. 19, 2007 | |
B187206
|
Heiman v. WCAB (Aguilera)
Homeowners association and property manager are both liable for workers' compensation when employee of unlicensed contractor is injured first day on job. |
Workers' Compensation |
|
Apr. 12, 2007 | |
05-35459
|
Siaperas v. Montana State Compensation Insurance Fund
Where injured employee challenged reduction of her benefits, insurance company's motion to dismiss is properly granted. |
Workers' Compensation |
|
Mar. 29, 2007 | |
B188607
|
Domino's Pizza v. WCAB
Where party seeking workers' compensation benefits was injured in Santa Barbara county, Labor Code Section 5501.5 mandated transfer of his case there. |
Workers' Compensation |
|
Mar. 28, 2007 |