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June 2014 Case Law Update

06/18/2014
THE BUSINESS OF INSURANCEIn Martinez v. Koga Colorscape & Maintenance 2014 Cal. Wrk. Comp. P.D. LEXIS 173 the WCAB held that an insurer was not allowed argue that it did not provide coverage for an injury solely because the employer made material misrepresentations on its

Category: Industry Insights

Sullivan: November 2016 Case Law Update

11/03/2016
Business of insurance In Farias v. Able Building Maintenance 2016 Cal. Wrk. Comp. P.D. LEXIS 440 the panel majority upheld an arbitrator's decision that an applicant was entitled to self-procure treatment at the employer's expense from the date the claim was

Category: Industry Insights

Levesque v. WCAB

12/17/2020
. In Evans v. Workmen's Comp. App. Bd. 1968 68 Cal. 2d 753 68 Cal. Rptr. 825 441 P.2d 633 we held that the appeals board did not regularly pursue its authority under Labor Code section 5908.5 in rendering a decision after granting reconsideration without specifying in detail the evidence relied

Category: Cases

Iverson v. California Village Homeowners Assoc.

12/17/2020
6300 et seq.fn1 Cal-OSHA regulations. California Village moved for summary judgment inter alia on the ground that Iversen could not rely on Cal-OSHA to support a negligence action because he was an independent contractor and not California Village's employee. The trial court granted California

Category: Cases

Navroth II John

09/01/2023
to such evidence. Id.; cf. Kreling v. Superior Court 1944 25 Cal.2d 305 312 It is a judges duty to consider and pass upon the evidence produced before him and when the evidence is in conflict to resolve that conflict in favor of the party whose evidence outweighs that of the

Category: Panel

March 2013 Case Law Update

03/08/2013
The following is a summary of important updates to California workers' compensation law.INJURYIn Mendoza Villanueva v. Redwood Empire Sawmill 2012 Cal. Wrk. Comp. P.D. LEXIS 649 the WCAB found a sudden and extraordinary employment event for the purposes of LC

Category: Industry Insights

May 2014 Case Law Update

05/07/2014
JURISDICTION AND SUBROGATIONIn Smith v. New York Giants 2014 Cal. Wrk. Comp. P.D. LEXIS 109 the WCAB declined to exercise jurisdiction over a professional football player's claim because his last two employment contracts provided that exclusive jurisdiction for resolving workers

Category: Industry Insights

Moore v. WCAB (Bob Longpre Pontiac)

12/17/2020
petition for a writ of review filed more than 45 days after the filing of an Appeals Board decision after reconsideration. Petition dismissed.On rehearing ordered by Supreme Court after writ of review denied see 45 Cal. Comp. Cases 480. OPINION BY Kaufman J. OPINION Arthur Melvin Moore

Category: Cases

Peck v. WCAB

12/17/2020
in part on the credibility of a witness without a transcript of his or her testimony.II Workers compensation proceedings are not governed by the Evidence Code but the parties must be accorded constitutional due process. Hegglin v. Workmen's Comp. App. Bd. 1971 4 Cal. 3d 162 174-175 36 Cal

Category: Cases

Perez v. WCAB

12/17/2020
compensation for injuries suffered while traveling to or from the workplace. Parks v. Workers' Comp. Appeals Bd. 1983 33 Cal. 3d 585 589 fn. 1 190 Cal. Rptr. 158 660 P.2d 382; Hinojosa v. Workmen's Comp. Appeals Bd. 1972 8 Cal. 3d 150 157 104 Cal. Rptr. 456 501 P.2d 1176. The rule precludes

Category: Cases

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