Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
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 | |
H029661
|
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 |
|
Mar. 28, 2007 | |
B184245
|
Six Flags Inc. v. WCAB
Statute awarding worker's compensation death benefit to decedent's estate is unconstitutional. |
Workers' Compensation |
|
Mar. 28, 2007 | |
C048668
|
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 | |
A112003
|
Brodie v. WCAB
Formula C is proper method to apportion employer responsibility between prior and current permanently disabling injuries. |
Workers' Compensation |
|
Mar. 20, 2007 | |
C053016
|
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 | |
A114505
|
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 | |
D048235
|
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 | |
E038699
|
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 | |
H029661
|
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 | |
C048668
|
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 | |
A110792
|
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 | |
G034577
|
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 | |
C052030
|
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 | |
A113590
|
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 | |
F048255
|
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 | |
G034577
|
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 | |
A112640
|
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 | |
C051885
|
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 | |
04-73937
|
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 | |
C050589
|
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 | |
D046783
|
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 | |
A111888
|
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 | |
B180525
|
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 | |
C049150
|
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 | |
B180525
|
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 |