Cases That Shaped CA Comp Law in 2004

Saturday, January 1, 2005 | 0

The following is a list of the major cases, from Significant Panel decisions to the Supreme Court that shaped California workers' compensation law in 2004. Each of these decisions are in the WorkCompCentral case law database. To find any of these cases, input the case title (or part of it) into any Global Search field generally found in the upper right of most main pages. In the next screen click on Cases to retrieve your desired title:

_Willette vs. AU Electric (#2), 69 CCC (2004); En Banc (12/16/04): Recon denied as not from final order; if neither party agree with panel QME, judicial determination necessary; No determination on weight of UR report vs. PTP or QME reports.

_Lujan vs. Minagar, 2004 Cal.App. 4th XX (12/09/04): Retaliatory discharge action lies for who MIGHT report a safety violation.

_Grom vs. Shasta Wood Products, 69 CCC (2004); Panel (12/08/04): 'Cure and relieve' means 'cure or relieve.'

_Abney vs. Aera Energy; Liberty Mutual, 69 CCC (2004); En Banc (12/08/04): 5814, as amended, applies to acts prior to effective date if adjudicated after.

_Sandhagen vs. Cox & Cox Construction, SCIF, 69 CCC 1452; En Banc (11/16/04): UR deadlines are mandatory - failure to meet deadline precludes use of UR procedure for med treatment dispute in question.

_Leinon vs Fishermen's Grotto (#2), 69 CCC 1449; En Banc (11/16/04): When indemnity becomes due under 4650 does not depend on whether denial was 'wrong' under 5402.

_Godinez vs. Buffets, Inc.; SRS, 69 CCC 1311; Panel (10/04/04): Timeliness of voc rehab appeal for injuries prior to 1/1/04 governed by former Labor Code section 4645(d).

_Smith vs. Churn Creek Const.; SCIF, 69 CCC 1012 (06/01/04): Though the ACOEM Guides were in effect but not presumed correct, burden still on treating physician to justify treatment request with evidence-based medicine.

_Hartford Casualty Ins. Co. vs. Mt. Hawley Ins. Co., 123 Cal. App. 4th 278 (10/21/04): Where a general contractor is not liable to a subcontractor under an indemnity provision, so the general contractor's own insurer is not liable to the subcontractor's insurer for an employment injury.

_General Casualty et. al., etc. vs. WCAB, CIGA, 123 Cal. App. 4th 202 (10/20/04): Where the workers' compensation carrier for the general employer has become insolvent, and where there are no specific exclusions from the workers' compensation policy of the special employer, the policy provided by the insurer of the special employer constitutes coverage.

_Willette vs. AU Electric Corp., 68 CCC 1298; En Banc (10/03/04): Five part procedural test on utilization review objections; UR reports were admissible because they are specifically required in the statutory scheme under LC 4610 and are therefore relevant on issues involving medical care, disapproving their prior holding in Czarnecki.

_Scheftner vs. Rio Linda School District, 68 CCC 1281; En Banc (10/04/04): Submission orders and orders closing discovery, that issued prior to the enactment of SB 899 on April 19, 2004, are 'existing' orders that cannot be reopened due to the prohibition set forth in Section 47.

_Leinon vs. Fishermen's Grotto, Mid-Century Insurance Company, 68 CCC 1460 (En Banc) (08/25/04): No 4650 penalty due if denied claim later determined compensable and benefits paid within 14 days after Award.

_Claxton v. Waters, Unpublished (08/30/04): C&R does not release civil claims unless intent of the parties clearly expressed in the document.

_Fremont Comp Ins Co vs. Sierra Pine, Ltd., 121 Cal. App. 4th 389 (08/04/04): Carrier has subrogation rights independent of work comp beneficiary.

_Martinez vs. Jack Neal & Son, Inc., 68 CCC 775; En Banc (07/27/04): CIGA not liable for 5814 penalties of insolvent carrier.

_Karaiskos vs. Metagenics, 68 CCC 772; En Banc (07/27/04): Board on Remittitur from Appellate Court holds CIGA exempt from EDD lien.

_Leo's Assoc. Inc. v. DIR, 120 Cal.App.4th 628 (07/12/04): Penalties enforced for lack of insurance even though reinstated retroactively.

_Islas vs. D & G Manufacturing Co., Inc., 120 Cal.App.4th 571 (07/09/04): Definition of 'power press' is one of fact for trier of fact.

_SCIF v. WCAB, CIGA, 119 Cal.App.4th 998 (06/24/04): 'Disability' for statute of limitations in 5500.5 may be either temporary or permanent disability.

_Mitchell vs. The Union Central Life Insurance Co., 118 Cal.App.4th 1331 (05/26/04): C&R does not release third party liability unless evidence shows it was the intent of the parties.

_Messinese vs. Automatic Heating; SCIF, 68 CCC 480; Panel (05/21/04): Child support orders against past and future indemnity enforceable without WCJ signature.

_Waste Management vs. Superior Court, 119 Cal. App. 4th 105 (06/01/04): Parent not liable to employee of subsidiary for injury/death where parent lacked control.

_Vine vs. Bear Valley Ski Co., 118 Cal.App.4th 577 (05/11/04): Employee cannot escape assumption of risk doctrine for injury not covered by work comp.

_County of San Joaquin vs. WCAB (Sepulveda), 117 Cal.App.4th 1180 (04/21/04): Carrier may take credit for PDAs not specifically set forth in C&R.

_Mason vs. Lake Dolores Group, 117 Cal.App.4th 822 (04/09/04): Injury that occurs after reporting to work but before 'clocking in' is not AOE/COE.

_Salazar vs. Diversified Paratransit, 117 Cal. App. 4th 318 (03/30/04): FEHA gives injured worker cause of action against employer for non-employee sexual harassment.

_CIGA vs. WCAB; EDD, 117 Cal.App.4th 350 (03/30/04): EDD lien is not a 'covered claim' for purposes of CIGA liability.

_Millbauer vs. Boostan; UEF, 69 CCC 246; En Banc (03/10/04): Pronouncement of procedures to be used in future cases are not final orders from which reconsideration may be taken.

_Lett vs. LACMTA; Travelers, 68 CCC 250; Panel (03/05/04): Payment of attorney fees under LC 5710 is not dependent on applicant signing the transcript.

_Pebworth vs. WCAB, 116 Cal.App.4th 913 (03/09/04): 4646 settlement of VR benefits available for injuries prior to 1/1/03.

_Gradle vs. Doppelmayer USA, 116 Cal.App.4th 276 (02/27/04): Cal-OSHA standards admissible to prove negligence per se against third party.

_Roth vs. L.A. Door, 115 Cal.App.4th 1249 (02/24/04): Self insured employer cannot subrogate vs. CIGA nor insured of insolvent carrier.

_L.A. Co. Professional Peace Officers Assoc. v. Co. of L.A., 115 Cal.App.4th 866 (02/11/04): Accrued vacation time does not count towards 4850 calculation.

_Crown Appliance vs. WCAB (Wong), 115 Cal.App.4th 620 (02/05/04): Substantial evidence supporting finding of discrimination will not be reversed on appeal; attorney fees for meritless appeal proper.

_Lockheed Litigation Cases, 115 Cal.App.4th 558 (02/02/04): An expert opinion must be based on matter that provides a reasonable basis for the opinion.

_Pacific Gas & Electric vs. WCAB (Bryan), 114 Cal.App.4th 1174 (01/09/04): Financial status of business not an 'actual event' of employment.

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