[07/22] Dept. of Corrections and Rehabilitation v. Workers' Compensation Appeals Board
In a writ of review challenging the failure of the WCAB to address its claim that the hearing officer failed to adjudicate a deceadent's widow's petition to determine her entitlement to special death benefits under the public employees' retirement system (PERS), Gov. Code section 21537, 21541, the decision of the WCAB upholding the finding of its hearing officer that there was an industrial cause for the death of decedent and the award of a workers' compensation death benefit to widow, is annulled and the matter is remanded with directions to join the PERS Board as a defendant and calculate the coordinated death benefits within each board's purview.
[06/29] Angelotti Chirporactice, Inc. v. Baker
In a suit claiming Senate Bill 863, which was enacted to combat an acute "lien crisis" in its workers' compensation system, violated the Takings Clause, the Due Process Clause and the Equal Protection Clause of the US Constitution, the district court's judgment is: 1) affirmed as to dismissal of plaintiffs' claims under the Takings Clause and Due Process Clause challenging California Senate Bill 863; 2) vacated as to the grant of preliminary injunction; and 3) reversed as to denial of defendants' motion to dismiss plaintiffs' Equal Protection Clause claim.
[05/28] South Coast Framing, Inc. v. Workers' Compensation Appeals Bd.
In a case in which the family of decedent was awarded workers' compensation death benefits after he died from the combination of drugs prescribed following a fall at work, the Court of Appeal's judgment overturning the award is reversed where there was sufficient evidence that the drugs prescribed for the work injury contributed to the death.
[05/13] Lozano v. Workers' Compensation Appeals Bd.
In a writ of review brought by the widow and children of a deceased firefighter after the WCAB denied reconsideration of the decision of the workers' compensation judge finding that the cancer presumption of Labor Code section 3212.1 did not apply to petitioner's claim, the decision of the WCAB is annulled where an amendment to the Labor Code section 3212.1, enacted by Senate Bill 1271 on February 19, 2008 and effective on January 1, 2009, which would extend the cancer presumption to firefighters like the one in this case, is applicable to the claim for workers' compensation benefits filed on November 3, 2009, because the amendment effected a procedural change, and accordingly the presumption is properly applied in the post-enactment adjudication of this claim.