Case Summaries

Case Summaries

Workers' Comp

[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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