Case Summaries

Case Summaries

Workers' Comp

[04/27] Guerra v. WCAB
In a Workers' Comp case in which claimant died from a pulmonary hemorrhage while taking out the garbage at work, the Workers' Compensation Appeals Board rejection of a doctor's opinion as speculative and ruling that it had not been shown that claimant's death arose out of and in the course of his employment, is annulled and remanded where the death arose out of and in the course of employment.

[04/22] Travelers Cas. & Surety Co. v. WCAB
In an insurer's action seeking seeks to set aside the decision of the Workers' Compensation Appeals Board (WCAB) finding that a worker sustained a psychiatric injury resulting from a sudden and extraordinary employment condition within the meaning of Labor Code section 3208.3(d), the Board's decision is annulled where the accident was not extraordinary within the meaning of section 3208.3 and remanded with instructions to deny worker's claim for psychiatric injury.

[03/22] CA Ins. Guarantee Assoc. v. Workers' Comp. Appeals Bd.
In an action challenging the Workers' Compensation Appeals Board denial of a Legislatively-created insurance guarantee's motion to be dismissed from the underlying workers' compensation cases on the ground that it was authorized to pay only covered claims from which the Legislature expressly excluded any claim to the extent it is covered by any other insurance, Ins. Code sections 1063.1(c)(9) and 1063.2(a), the Board's decision is annulled where the underlying compromise and release agreement did not relieve the primary underlying insurer of its several liability for third party claims.

[01/05] King v. CompPartners, Inc.
In a suit arising out of plaintiff's injury at work, alleging professional negligence, negligence, intentional infliction of emotional distress, and negligent infliction of emotional distress, and seeking general, special, exemplary, and punitive damages, the trial court's sustainment of defendants' demurrer without leave to amend is: 1) affirmed in part as to the demurrer, where the claims are preempted by the Workers Compensation Act (WCA) and the defendants did not owe plaintiffs a duty of care; but 2) reversed as to denial of leave to amend the complaint.

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