Case Summaries
Workers' Comp
[04/26] CA Dept. of Corrections and Rehabilitation v. State Personnel Board (Moya)
The Public Safety Officers Procedural Bill of Rights Act excepts internal workers' compensation fraud investigations from the one-year limitations period established in Government Code section 3304(d)(1).
[04/22] County of Sacramento v. WCAB
An award by the Workers' Compensation Appeals Board (Board) is annulled and remanded, where the factual basis of the evaluator's opinion, as revealed in her reports and deposition, do not constitute substantial evidence supporting her conclusion that the worker's psychiatric injury was not substantially caused by personnel actions.
[04/09] Kealhoa v. Office of Workers Compensation Programs
Evidence that a claimant planned his suicide does not necessarily preclude compensation under the Longshore and Harbor Workers' Compensation Act because the proper inquiry is whether the claimant's work-related injury caused him to attempt suicide, so claimant's petition for review of the Benefits Review Board's decision is granted, and the matter is remanded for the Board or the Administrative Law Judge to apply the proper chain of causation test, and not the irresistible impulse test.
[03/22] In the Matter of Howard
In an action to determine whether claimant's Alford plea should be given preclusive effect in a subsequent workers' compensation proceeding, the decision of the Workers' Compensation Board appealed from and the order of the Appellate Division brought up for review are affirmed, because it cannot be said that the guilty plea necessarily resolved the issue raised in the workers' compensation proceeding.