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Case Law Library

Case Name: Duncan v. Walmart Stores (Hartford Accident & Indemnity Co.) 12/31/1969
Note: An insurance carrier has the right to reimbursement of the benefits it paid to an injured worker from her recovery from a third party.
Citation: G054220
WCC Citation: Super. Ct. No. 30-2014-00735595
Case Name: Duncan v. WCAB 08/26/2008
Note: A sanction is not a workers' compensation 'benefit' within the meaning of section 3716.2, which limits the Uninsured Employers Benefits Trust Fund's (UEBTF) liability 'only' to 'benefits' that would be paid by an employer properly insured for worker's compensation.
Citation: C056727
WCC Citation: WCC 34152008 CA
Case Name: Duncan v. WCAB (X.S.) 11/25/2009
Note: The cost of living adjustments pursuant to Labor Code section 4659, subdivision (c), for life pensions and total permanent disability indemnity, are added to those payments, per the words of the statute, starting January 1, 2004, and every January 1 thereafter.
Citation: H034040
WCC Citation: WCC 35832009 CA
Case Name: Duthie v. WCAB, McDonnell Douglas Co. 11/27/1978
Note: Preexisting disability must occur at a definite, ascertainable time prior to industrial injury becoming P&S for legal apportionment.
Citation: 86 CA 3d 721, 43 CCC 1214
WCC Citation: WCC 28441978 CA
Case Name: Dutra v. Mercy Medical Center Mt. Shasta 09/26/2012
Note: Workers' compensation exclusivity barred a hospital housekeeper from suing her former employer in tort for allegedly terminating her in retaliation for her pursuit of benefits for an industrial injury.
Citation: C067169
WCC Citation: WCC 39352012 CA
Case Name: Dykes v. WCAB 11/04/2008
Note: [Unpublished] The Supreme Court's decision in Brodie constituted good cause to reopen Dykes's prior disability award, even after it had been affirmed by this court and denied review by the Supreme Court.
Citation: F055891
WCC Citation: WCC 34592008 CA
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