[09/25] Contra Costa County v. WCAB
In an action challenging a Workers' Compensation Appeal Board's (WCAB) decision awarding a worker a permanent disability rating of 79 percent, which was initially set at 59 percent but was successfully rebutted by the worker, the WCAB's decision resetting the disability rating at 79 percent is reversed where worker's attempted rebuttal did not comport with any of the methods approved in Ogilvie v. WCAB (2011) 197 Cal.App.4th 1262, and is therefore foreclosed by Ogilvie.
[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.