| Relevant Case Law
Note: 4651.2 applies only to rehab programs initiated by employer or ins. carrier
Note: Judge erred by not discussing basis of opinion as to an employee's psychiatric injury.
Note: Selection of factors for disability rating and percentage are sole discretion of WCAB.
Note: On review, test of substantiality must be based on entire record, not isolated evidence.
Note: WCAB exceeded authority by modifying attorneys fees without attorney notice and opportunity to be heard.
Note: Referee's failure to make specific findings of disabling extent and effect of factors was waived by failure to raise in petition.
Note: WCAB should request counsel for info to determine fee if record lacks basis to value services.
Note: Board fails to 'state evidence relied upon/reasons for decision' by simply incorporating original decision; review not appropriate.
Note: Procedural deficiencies in Order of Recon. do not render it invalid; party benefiting from order may not complain of deficiencies on appeal.
Note: Board must specifically state criteria relied upon in Reg. 10779 in awarding/altering atty. fee.
Note: Board's failure to specify evidence relied upon, reasons for determination warrants reversal.
Note: No automatic denial upon expiration of statutory period when claim file is lost by Board through no fault of applicant.
Note: [Unpublished] Successive, specific industrial injuries to different parts of the body cannot be rated together simply because they share one date of injury.
Note: [Unpublished] A medical opinion is not substantial evidence if it is based on an inadequate history, speculation or guess.
Note: [Unpublished] The WCAB did not make a finding whether a drug testing policy itself discriminated against employee for sustaining an industrial injury and if so, whether employer demonstrated that its conduct was necessary and directly linked to the realities of doing business. Under 132a, the WCAB was required to make this inquiry.
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