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Subsequent Injuries Benefits Trust Fund v. Workers Compensation Appeal Board
The Subsequent Injuries Benefits Trust Fund has the burden of proof for credit for Social Security Disability Insurance and other monetary payments received by applicants.
Workers' Compensation 2DCA/6 Jul. 17, 2024
Modification: 3 Stonedeggs, Inc. et al. v. Workers' Compensation Appeals Board et al.
Employee who was injured while driving into town from temporary work camp was covered under the Commercial Traveler rule despite employer expectation that employees avoid driving into town.
Workers' Compensation 3DCA May 28, 2024
3 Stonedeggs, Inc. et al. v. Workers' Compensation Appeals Board et al.
Employee who was injured while driving into town from temporary work camp was covered under the Commercial Traveler rule despite employer expectation that employees avoid driving into town.
Workers' Compensation 3DCA May 14, 2024
Zurich American Insurance Co. v. Workers' Compensation Appeals Board
Under Labor Code Section 5909, the Workers' Compensation Appeals Board no longer has jurisdiction to consider a deemed-denied petition for reconsideration after 60 days have passed.
Workers' Compensation 2DCA/7 Dec. 19, 2023
Vann v. City and County of San Francisco
Workers' compensation was exclusive remedy for firefighter injured on the job in accident caused by municipal bus driver in scope of his employment because they were co-employees of the city.
Workers' Compensation 1DCA/2 Dec. 13, 2023
Velasquez v. Workers' Compensation Appeals Bd.
Salvation Army was not employer for workers' compensation where injured party was hurt while participating in work therapy component of treatment program that was a condition of his sentence.
Workers' Compensation 2DCA/6 Dec. 7, 2023
Perez v. Galt Joint Union Elementary School District
Elementary school volunteer was an "employee" whose sole remedy for her injury at a spelling bee was workers' compensation because the school district previously passed a resolution rendering volunteers employees.
Workers' Compensation 3DCA Oct. 6, 2023
Jimenez v. Mrs. Gooch's Natural Food Markets, Inc.
Where employer's provision of first aid occurred as part of its employer role, workers' compensation was exclusive remedy for decedent-employee's family.
Workers' Compensation 2DCA/3 Sep. 21, 2023
California Dept. Corrections & Rehabilitation v. Workers' Compensation Appeals Board
Industrial disability leave cannot be increased by one half in cases of serious and willful employer misconduct because it is not "compensation" under Division 4 of the Labor Code.
Workers' Compensation 4DCA/2 Aug. 15, 2023
People v. Czirban
Court's jurisdiction over restitution order issued in criminal case did not provide court with authority to review Workers' Compensation Appeals Board's order approving deduction of attorney fees from settlement agreement.
Workers' Compensation 6DCA Apr. 29, 2022
California Correctional Peace Officers Assn. v. Workers' Comp. Appeals Bd.
Notice satisfied due process requirements where petitioner had notice of the hearing date, time, and presiding administrative law judge despite no specific indication the hearing would be telephonic.
Workers' Compensation 3DCA Jan. 31, 2022
See's Candies, Inc. v. Superior Court (Ek)
Where wife allegedly contracts COVID-19 at her workplace and husband contracts it and dies, her ensuing claim against her workplace was not preempted by Workers' Compensation Act exclusivity provisions.
Workers' Compensation 2DCA/1 Dec. 22, 2021
Oakes v. Progressive Transportation Services
The cost-shifting provisions of Code of Civil Procedure 998 should be applied before labor code provisions governing the distribution of a judgment.
Workers' Compensation 2DCA/2 Nov. 12, 2021
Applied Materials v. Workers' Comp Appeals Board
Worker's posttraumatic stress disorder due to alleged sexual exploitation by her treating physician was compensable as industrial injury as a consequence of medical treatment provided by her employer.
Workers' Compensation 6DCA Jun. 3, 2021
Gund v. County of Trinity
Plaintiffs who responded to 911 call for assistance of unknown nature were engaged in 'active law enforcement service'; thus, workers' compensation was their exclusive remedy for the injuries they sustained.
Workers' Compensation CASC Aug. 28, 2020
County of Santa Clara v. Workers' Comp. Appeals Bd.
Permanent disability should have been apportioned between industrial and nonindustrial causes because of respondent's preexisting pathology.
Workers' Compensation 6DCA May 29, 2020
Modification: Meadowbrook Ins. Co. v. Workers' Comp. Appeals Bd.
Title 8, Section 9795.3 provided an applicable fee schedule and the interpreting service provider failed to timely request second review of the workers' compensation carrier's refusal to pay.
Workers' Compensation 3DCA Dec. 24, 2019
Meadowbrook Ins. Co. v. Workers' Comp. Appeals Bd.
Title 8, Section 9795.3 provided an applicable fee schedule and the interpreting service provider failed to timely request second review of the workers' compensation carrier's refusal to pay.
Workers' Compensation 3DCA Nov. 25, 2019
California Insurance Guarantee Assn. v. San Diego County Schools
Workers' Compensation Appeals Board's exclusive jurisdiction does not extend to contract-based disputes between a self-insured employer and its excess carrier; thus, trial court had jurisdiction.
Workers' Compensation 4DCA/3 Oct. 31, 2019
Travelers Property Casualty v. Workers' Comp. Appeals Bd.
Under Insurance Code Section 116633, an agreement between insurers of general and special employers regarding injuries to special employees does not need to be signed in order to be enforceable.
Workers' Compensation 2DCA/1 Oct. 3, 2019
Skelton v. Workers Comp. App. Bd.
An employee is not entitled to temporary disability indemnity if her wage loss is from her using up her paid time off to attend medical appointments after returning to work.
Workers' Compensation 6DCA Sep. 18, 2019
Rodriguez v. Workers' Comp. Appeals Bd.
Government Code Section 21174, not Section 21171, provides the applicable time limitation for a CalPERS member to request determination of industrial causation, and petitioner complied with this time limitation.
Workers' Compensation 6DCA Aug. 29, 2019
Allied Signal Aerospace v. Workers' Comp. Appeals Bd.
Workers Compensation Appeals Board lacked jurisdiction to review the medical necessity and reasonableness of home healthcare because it was a threshold jurisdictional issue.
Workers' Compensation 2DCA/2 Jun. 7, 2019
Global Linguist Solutions, LLC v. Abdulraouf Abdelmeged
Petitions for review of compensation orders arising under the Defense Base Act should be filed in the circuit where the relevant district director is located.
Workers' Compensation 9th Jan. 17, 2019
City of Petaluma v. Workers' Comp. App. Bd.
A disability award that is limited due to apportionment of a work-related injury and the existence of a preexisting condition is proper when based on substantial medical evidence.
Workers' Compensation 1DCA/1 Dec. 12, 2018
Barri v. WCAB
The constitutional guarantee of substantive due process extends to fundamental rights; appellant's right to 'timely process untainted liens' affecting his practice not such a right.
Workers' Compensation 4DCA/3 Oct. 23, 2018
Department of Corrections v. W.C.A.B.
Section 4660 should be used when administrative judge makes determination of overall permanent disability.
Workers' Compensation 3DCA Sep. 27, 2018
King v. CompPartners, Inc.
When an injury arises out of and in the course of utilization review - a statutorily required part of the workers' compensation claims process - it is compensable under the Workers' Compensation Act.
Workers' Compensation 4DCA/2 Aug. 24, 2018
Tripplett v. Workers' Compensation Appeals Bd.
Workers' Compensation Appeals Board did not err in rejecting a claim due to lack of jurisdiction, where neither professional football player claimant nor his agent was in California when relevant contract signed.
Workers' Compensation 4DCA/3 Jul. 26, 2018
County of San Diego v. Workers' Compensation Appeals Board
Temporary disability benefits may not be awarded for time periods that extend beyond five years from the date of a worker's injury.
Workers' Compensation 4DCA/1 Mar. 7, 2018