| Case # | Name | Category | Court | Judge | Published | 
|---|---|---|---|---|---|
| 
 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 | |
| 
 B182381 
 | 
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 | |
| 
 C049516 
 | 
McCarthy v. Workers' Compensation Appeals Board
 Workers' Compensation Judge properly calculated penalties against employer under reformed Labor Code section.  | 
Workers' Compensation | 
 | 
Jun. 15, 2006 | |
| 
 C050085 
 | 
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 | |
| 
 C049516 
 | 
McCarthy v. Workers' Compensation Appeals Board
 Workers' Compensation Judge properly calculated penalties against employer under reformed Labor Code section.  | 
Workers' Compensation | 
 | 
Apr. 7, 2006 | |
| 
 F047246 
 | 
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 | |
| 
 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 | 
 | 
Mar. 22, 2006 | |
| 
 B182145 
 | 
County of San Luis Obispo v. Workers' Compensation Appeals Board
 Workers' Compensation Appeals Board finding that county discriminated when it took therapist off work was not supported by substantial evidence.  | 
Workers' Compensation | 
 | 
Jan. 25, 2006 | |
| 
 C049041 
 | 
Jackson v. Workers' Compensation Appeals Board
 Employer failed to rebut claim that employee's heart condition was caused by industrial event.  | 
Workers' Compensation | 
 | 
Jan. 25, 2006 | |
| 
 B180839 
 | 
Farmers Brothers Coffee v. Workers' Compensation Appeals Board
 Illegal alien worker fits definition of employee in California for workers' compensation purposes.  | 
Workers' Compensation | 
 | 
Jan. 24, 2006 | |
| 
 C041291 
 | 
Grupe Co. v. Workers' Compensation Appeals Board
 Disclosure of expert witness' identity at close of discovery made his trial testimony admissible.  | 
Workers' Compensation | 
 | 
Dec. 29, 2005 | |
| 
 C041291 
 | 
Grupe Co. v. Workers' Compensation Appeals Board
 Disclosure of expert witness' identity at close of discovery made his trial testimony admissible.  | 
Workers' Compensation | 
 | 
Nov. 29, 2005 | |
| 
 B173872 
 | 
Leegin Creative Leather Products Inc. v. Carolina Santiaguin Diaz
 Employer cannot establish justifiable reliance or damage in its claim that employee filed fraudulent workers' compensation claim.  | 
Workers' Compensation | 
 | 
Nov. 11, 2005 | |
| 
 B172056 
 | 
California Insurance Guarantee Assoc. v. Workers' Compensation Appeals Board (American Motorists Insurance Co.)
 Insurance guarantee association is not required to reimburse insurer for benefits paid to injured party.  | 
Workers' Compensation | 
 | 
Nov. 10, 2005 | |
| 
 C048298 
 | 
Rio Linda Union School District v. Workers' Compensation Appeals Board
 New apportionment law applies to case submitted before effective date when award was issued after effective date.  | 
Workers' Compensation | 
 | 
Oct. 25, 2005 | |
| 
 B167017 
 | 
General Casualty Insurance v. Workers' Compensation Appeals Board
 Workers' compensation policy of special employer is not available as 'other insurance' when general employer's insurer goes out of business.  | 
Workers' Compensation | 
 | 
Oct. 25, 2005 | |
| 
 B173872 
 | 
Leegin Creative Leather Products Inc. v. Carolina Santiaguin Diaz
 Employer cannot establish justifiable reliance or damage in its claim that employee filed fraudulent workers' compensation claim.  | 
Workers' Compensation | 
 | 
Oct. 10, 2005 | |
| 
 F046106 
 | 
Marsh v. Workers' Compensation Appeals Board
 New apportionment provisions enacted by 2004 workers' compensation legislation applies to pending appeal.  | 
Workers' Compensation | 
 | 
Oct. 5, 2005 | 
