Position paper presented at CSIMS 2024 by Hon. Robert G. Rassp, Chairman of the Board of Directors, Friends Research Institute (friendsresearch.org) Disclaimers: The opinions expressed in this article...
CALIFORNIA COMPENSATION CASES Vol. 89, No. 8 August 2024 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board The June 13, 2024 edition of the LexisNexis Workers’ Compensation...
LexisNexis has selected some of the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2024. The first...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board It is well understood that the California Insurance Guarantee Association...
Here’s the third batch of advanced postings for February 2015 issue of Cal. Comp. Cases.
Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.
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CPF Masonry, State Compensation Insurance Fund, Petitioners v. Workers' Compensation Appeals Board, Leonel Omar Cruz, Respondents, lexis.com, Lexis Advance
Serious and Willful Misconduct by Employer—WCAB affirmed WCJ’s finding that injury suffered by applicant laborer to his eye, face, head, cervical spine, and psyche while working in trench that collapsed was caused by employer’s serious and willful misconduct pursuant to Labor Code §§ 4553 and 4553.1, when WCAB found that citations regarding incident from Cal/OSHA and lay testimony were sufficient to support finding of serious and willful misconduct, without expert testimony offered by either party, that fact that notices of violation were issued after applicant’s accident did not defeat serious and willful claim, since there is no...
McFarland Unified School District, PSI, administered by Self Insured Schools of California, Petitioner v. Workers' Compensation Appeals Board, Gabriel McCurtis, Respondents, lexis.com, Lexis Advance
Temporary Disability—Return to Work—Odd Lot Doctrine—WCAB affirmed WCJ’s finding that applicant school superintendent who suffered cumulative industrial injury to his coccyx and lumbar spine was entitled to award of temporary total disability benefits from date of his termination from employment with defendant school district to present and continuing, when applicant, prior to being terminated, had been working modified duty based on medical reports establishing permanent partial disability, applicant’s termination was pursuant to terms of contract under which school district’s board of trustees had power to terminate applicant, applicant’s termination was not for cause, and applicant received cash settlement/severance pay pursuant to contract following termination, and WCAB concluded that...
Andrew Thompson (Deceased), Edith Thompson (Surviving Spouse), Petitioner v. Workers' Compensation Appeals Board, Huhtamaki Americas, Inc., Ace American Insurance Company, adjusted by ESIS, Respondents, lexis.com, Lexis Advance
Death Benefits—Statute of Limitations—Asbestos Claims—WCAB, reversing WCJ in split panel decision, held that applicant widow’s claim for death benefits arising from asbestos-related death of her husband was barred by one-year statute of limitations in Labor Code § 5406.5, when applicant filed application for death benefits more than one year after her husband’s death, and majority of WCAB panel, relying onEarley v. W.C.A.B. (2003) 68 Cal. Comp. Cases 1707 (writ denied), concluded that, unlike circumstances in Arndt v. W.C.A.B. (1976) 56 Cal. App. 3d 139, 128 Cal. Rptr. 250, 41 Cal. Comp. Cases 151, in which...