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Carter, Triseena

06/01/2021
for Writ of Review as defendant was still within the statutory period to seek review before the California Supreme Court. Defendant further argues that the statutory penalty was inapplicable because there was an ongoing dispute regarding the amount of outstanding permanent disability benefits and

Category: Panel

Godinez, Rick

02/01/2021
earnings calculations In 1962 the Supreme Court handed down a series of decisions dealing with the question of average earnings. California Comp. & Fire Co. v. Industrial Acc. Com. Stevens 57 Cal.2d 600 21 Cal.Rptr. 551 371 P.2d 287; California Comp. & Fire Co. v. Industrial Acc. Com. Colston 57

Category: Panel

Tututi Dalila

08/01/2023
closed its district offices for filing as of March 17 2020 in response to the spread of the novel coronavirus COVID-19. 3 In light of the district offices closure the Appeals Board issued an en banc decision on March 18 2020 stating that all filing deadlines are extended to the next day when the

Category: Panel

Santiago, Juan

02/01/2021
. The Appeals Boards March 18 2020 In Re COVID-19 State of Emergency En Banc Misc. No. 260 Order does not authorize the designation of service of final decisions orders or awards. Rather it suspends only the portion of WCAB Rule 10628 that requires service by the WCAB by regular mail. Cal

Category: Panel

Szceszinski, Thomas

12/01/2020
below we will deny reconsideration. The Supreme Court has made clear The employers duty under Labor Code section 5401 to provide a claim form and notice of potential eligibility for benefits arises when it has been notified in writing of an injury by the employee 5400 or has

Category: Panel

Aguilerra, Miguel

11/01/2021
Daub generally appeared on behalf of Defendant-employer Supreme Valley AG Inc. insured by Star Insurance administered by Meadowbrook Insurance. Notice of Representation 4172019. On May 17 2019 Defendants HMN Inc. by Security National declared its readiness to proceed. They requested a Status

Category: Panel

Loera, Carlos

12/01/2021
. In Lauher the Supreme Court clarified its definition of discrimination noting that in its previous decisions in Smith supra and Barns v. Workers Comp. Appeals Bd. 1989 216 Cal.App.3d 524 the Court held that an employers action which caused detriment to the employee because of an

Category: Panel

Chandok Meena

03/01/2023
purpose of the statute is to encourage the employment of the disabled as part of a complete system of workmens compensation contemplated by our Constitution. Patterson 1952 39 Cal.2d 83 17 Cal.Comp.Cases 142; Ferguson v. Indus. Acc. Comm. 1958 50 Cal.2d 469 475. The Supreme Court in

Category: Panel

Charletta, Joseph

03/01/2021
compelling an employer to ignore the realities of 6 doing business by reemploying unqualified employees or employees for whom positions are no longer available. Lauher supra 30 Cal.4th at pp. 1298-1299 citations omitted. In Lauher the Supreme Court clarified its definition for

Category: Panel

Williams Thomas David

12/01/2022
. She then goes to the parts of the Supreme Court pulling language from the same case that it must be beyond gross negligence and that the willful misconduct actually be an actual intent to harm or death or act with disregard of the consequences of their failure to act Mercer Fraser Co v IAC Soden

Category: Panel

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