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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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