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Case Summaries

Workers' Comp

[01/20] Metro Machine Corporation v. DOWCP
In a petition for review of an order of the Benefits Review Board affirming decisions of an ALJ granting a claim for medical benefits under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. section 907, the petition is denied where: 1) the only error the ALJ committed was in failing to apply the 'naturally or unavoidably results' standard to the fracture claim; and 2) remand for application of that standard would be a futile exercise, given that there was no issue presented regarding avoidability.

[11/22] Gage v. Workers' Compensation Appeals Board
In a workers' compensation action brought by petitioner, a deputy sheriff who sustained a job-related injury, the Workers' Compensation Appeals Board's decision denying penalties for the unreasonable delay of advance disability pension payments is annulled and remanded where: 1) such payments qualify as compensation under Labor Code section 3207; 2) such penalties available under Labor Code section 5814 are available for unreasonable delay or denial of the payment of compensation; and 3) no other provision of the Labor Code excludes such payments from the penalty provisions of section 5814.

[11/15] Lee v. West Kern Water Dist.
In a case involving the applicability of the workers' compensation exclusivity rule, which governs the matter of when an injured worker can bring a civil action against the employer and when he or she is instead limited to the remedy of a workers' compensation award, brought by a former employee against a water district and four coemployees, alleging assault and intentional infliction of emotional distress after the coemployees staged a mock robbery with plaintiff as the victim, the trial court's judgment is: 1) reversed as to the grant of defendants' motion for a new trial where the jury instructions were not erroneous, and alternative grounds for affirmance proposed by defendants lack merit; and 2) affirmed as to the order denying the motion for judgment notwithstanding the verdict.

[08/17] Kerrigan v. MSPB
In an appeal of a final decision of the Merit Systems Protection Board dismissing, for lack of jurisdiction, his claim that his workers' compensation benefits were improperly terminated in retaliation for protected whistleblowing activity, the Board's decision is affirmed where, although the Board incorrectly held that 5 U.S.C. section 8128(b) bars its review of petitioner's appeal, petitioner failed to make a nonfrivolous allegation that his protected disclosure was a contributing factor in the agency's action.

[08/11] Truck Insurance Exchange v. WCAB
In a worker's comp case in which employer received notification of the injury the day after it happened by a workers compensation claim was not submitted to insurer until more than seven years later, the order excluding laches as an affirmative defense is affirmed where laces does not apply because notice to or knowledge of a workplace injury on the part of the employer is deemed to be notice to or knowledge of the insurer.

[06/22] State Compensation Insurance Fund v. WCAB
In an action seeking review of a decision of the Workers' Compensation Appeals Board regarding the medical necessity of proposed treatment requested by an employee of the California Highway Patrol (CHP), involving Labor Code Section 4610.6, which created a new procedure--independent medical review (IMR)--that an injured worker may use to challenge an employer's timely denial, delay or modification of a request for authorization of proposed medical treatment, the Board's decision is reversed where the 30-day time limit in section 4610.6(d), is directory and, accordingly, an untimely IMR determination is valid and binding upon the parties as the final determination of the director.

[05/11] SSA Terminals and Homeport Ins. Co. v. Carrion
In an action brought by a claimant seeking disability benefits under the Longshore and Harbor Workers' Compensation Act, an employer/insurer's petition for review of a decision by the Benefits Review Board is denied where: 1) the claimant timely filed his claim against his employer; 2) claimant's knee injury was a permanent, rather than a temporary, disability; and 3) the doctrines of exhaustion and waiver were inapplicable because claimant presented his claim of permanent disability well before the conclusion of the administrative process and neither the employer nor the agency was blindsided by the argument.

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