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Workers' Comp

[01/11] Pacific Operators Offshore, LLP v. Valladolid
In an appeal from a judgment of the appeals court vacating an administrative dismissal of respondent's Outer Continental Shelf Lands Act (OCSLA) claim for benefits as a surviving spouse, judgment is affirmed where a claimant seeking benefits under the OCSLA must establish a substantial nexus between the injury and extractive operations on the shelf.

[12/13] In the Matter of Elrac, Inc. v. Exum
In an appeal from a judgment of the appellate division permitting arbitration of a claim by plaintiff-employee for uninsured motorist benefits, judgment is affirmed because a self-insured employer whose employee is involved in an automobile accident may be liable to that employee for uninsured motorist benefits, notwithstanding the exclusivity provision of the Workers' Compensation Law.

[10/31] County of Kern v. Workers' Comp. Appeals Bd
In an appeal from a judgment of the trial court affirming an administrative decision in a claim for worker's compensation, judgment is affirmed where a volunteer firefighter with a local nonprofit firefighting organization was a county employee for purposes of workers' compensation coverage under Labor Code section 3361.1.

[09/13] Motheral v. Workers' Compensation Appeals Board
In a petition for review of a judgment of the defendant-Board denying reconsideration of an administrative decision calculating petitioner's disability benefits based solely on his full-time employment at minimum wage, Lab. Code section 4653, judgment is reversed where section 4454 mandates the inclusion of the market value of petitioner's living quarters, utilities, and car allowance.

[08/11] Baker v. Workers' Compensation Appeals Bd.
In dispute involving the proper calculation of cost of living adjustments under Labor Code section 4659(c), judgment of the appeals court is reversed where through the operative language of Section 4659(c), the Legislature intended that such adjustments be calculated and applied prospectively commencing on the January 1 following the date on which the injured worker first becomes entitled to receive, and actually begins receiving, such benefit payments.

[04/20] Edward Carey Const. v. State Comp. Ins. Fund
In an action for breach of contract and the implied covenant of good faith and fair dealing after denial of workers compensation benefits by defendant, summary judgment in favor of defendant is reversed because causes of action claimed by plaintiff are not barred by workers compensation exclusivity.

[04/18] U.S. Fidelity v. Lee Investments
In diversity action by plaintiff-insurance company seeking rescission of a workers compensation policy, judgment of the district court denying motion to dismiss is affirmed because court had subject matter jurisdiction where exclusive jurisdiction was not vested by state law in a compensation agency.

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