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Six Flags Inc. v. WCAB
Statute awarding worker's compensation death benefit to decedent's estate is unconstitutional.
Workers' Compensation Mar. 28, 2007
State Compensation Insurance Fund v. WCAB
Writ petitions are denied where WCAB held that defendant cannot use utilization review where it did not meet deadlines.
Workers' Compensation Mar. 21, 2007
Brodie v. WCAB
Formula C is proper method to apportion employer responsibility between prior and current permanently disabling injuries.
Workers' Compensation Mar. 20, 2007
County of San Joaquin v. WCAB
Disability benefits for individual injured while on jury duty are calculated based on his earning capacity, not nominal rate paid to jurors.
Workers' Compensation Mar. 7, 2007
State Compensation Insurance Fund v. WCAB
WCAB's decision to apply permanent disability schedule was not supported by substantial evidence where doctor's report made no mention of prognosis.
Workers' Compensation Jan. 31, 2007
An Independent Home Support Service Inc. v. Superior Court (State Compensation Insurance Fund)
Referral agency that provides domestic workers to elderly and infirm persons is exempt from requirements of maintaining workers' compensation insurance.
Workers' Compensation Jan. 2, 2007
E.L. Yeager Construction v. WCAB
Independent medical examiner's opinion on apportionment is improperly rejected under newly enacted statutes.
Workers' Compensation Dec. 20, 2006
Matea v. WCAB
Employee showed that he was injured during first six months of employment as result of 'sudden and extraordinary employment condition.'
Workers' Compensation Dec. 13, 2006
State Compensation Insurance Fund v. WCAB
Writ petitions are denied where WCAB held that defendant cannot use utilization review where it did not meet deadlines.
Workers' Compensation Dec. 1, 2006
Nabors v. Workers' Compensation Appeals Board
Where employee was injured twice while working for same employer, employer is liable for that part of employee's overall disability that exceeds prior disability level.
Workers' Compensation Nov. 28, 2006
Gamble v. WCAB
Employee's earnings from second job were not properly considered in calculating primary employer's liability for vocational rehabilitation benefits.
Workers' Compensation Nov. 27, 2006
Pettigrew v. WCAB
Prison officer was not injured within course and scope of employment when he stopped to render aid at accident scene.
Workers' Compensation Nov. 16, 2006
Sonoma State University v. WCAB
Claimant seeking benefits for psychiatric injury must prove that entire psychiatric disability was predominantly work-induced.
Workers' Compensation Nov. 6, 2006
Signature Fruit Co. v. WCAB
Seasonal employee is not entitled to temporary disability during off-season where she did not have any earnings.
Workers' Compensation Nov. 6, 2006
Gamble v. WCAB
Employee's earnings from second job were not properly considered in calculating primary employer's liability for vocational rehabilitation benefits.
Workers' Compensation Nov. 5, 2006
New United Motors Manufacturing Inc. v. WCAB
WCAB exceeded its authority when it ordered employer to pay 25 percent penalty for its delay in paying employee's benefits.
Workers' Compensation Nov. 2, 2006
Kopping v. WCAB
Adjusting agency for claimant's employer had burden of proving overlap between current disability and previous disability when establishing right to apportionment.
Workers' Compensation Nov. 2, 2006
M. Cutter Co. Inc. v. Carroll
Under LHWCA, upon determination of scope of attendant care claimant requires, employer is mandated to pay for cost of providing it.
Workers' Compensation Oct. 19, 2006
Sierra Pacific Industries v. WCAB
WCAB's decision denying reconsideration is not proper where Senate Bill establishing new guidelines for reasonable medical treatment is applicable.
Workers' Compensation Oct. 16, 2006
Zenith Insurance Co. v. WCAB
To establish right to reimbursement, lien claimants bear burden of proving they are properly licensed or accredited.
Workers' Compensation Aug. 28, 2006
California State Automobile Association Inter-Insurance Bureau v. Workers' Compensation Appeals Board
Under Labor Code, house painter is not employee for workers' compensation purposes because he did not meet requisite earnings or hours.
Workers' Compensation Aug. 22, 2006
California Insurance Guarantee Association v. WCAB
Insurance Code Section 1063.1(c)(4) renders California Insurance Guarantee Association not liable to Employment Development Dept. for lien reimbursement.
Workers' Compensation Aug. 22, 2006
Tilbury Constructors Inc. v. State Compensation Insurance Fund
Employer could not state claim against workers' compensation carrier for carrier's alleged failure to properly investigate and exercise its subrogation rights.
Workers' Compensation Aug. 7, 2006
California Insurance Guarantee Association v. WCAB
Insurance Code Section 1063.1(c)(4) renders California Insurance Guarantee Association not liable to Employment Development Dept. for lien reimbursement.
Workers' Compensation Jul. 10, 2006
Nunez v. Workers' Compensation Appeals Board
Workers' compensation administrative law judge's order compelling petitioner to attend evaluation is proper under former Labor Code Sections 4061 or 4062.
Workers' Compensation Jun. 15, 2006
McCarthy v. Workers' Compensation Appeals Board
Workers' Compensation Judge properly calculated penalties against employer under reformed Labor Code section.
Workers' Compensation Jun. 15, 2006
City of Stockton v. Workers' Compensation Appeals Board
City's general policy that officers stay fit did not justify workers' compensation award for injury arising from off-duty pick-up basketball game.
Workers' Compensation Apr. 10, 2006
McCarthy v. Workers' Compensation Appeals Board
Workers' Compensation Judge properly calculated penalties against employer under reformed Labor Code section.
Workers' Compensation Apr. 7, 2006
E & J Gallo Winery v. Workers' Compensation Appeals Board
Employee who sustained multiple disabling injuries is entitled to compensation for total disability above any percentage previously awarded.
Workers' Compensation Mar. 29, 2006
California Insurance Guarantee Association v. WCAB
Insurance Code Section 1063.1(c)(4) renders California Insurance Guarantee Association not liable to Employment Development Dept. for lien reimbursement.
Workers' Compensation Mar. 22, 2006