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WCAB Lost Sight of LC 4663 Apportionment Language in Lindh

In City of Petaluma v. WCAB and Lindh, (A153811, Filed 12/10/18), the California Court of Appeal, First Appellate District, rejected Applicant’s claim that apportionment of permanent disability may not reflect a previously...more

New and Further Disability Does Not Extend Temporary Disability Rights

In County of San Diego v. WCAB and Kyle Pike, (D072648, filed 3/6/18), the California Court of Appeal, Fourth Appellate District, rejected Applicant’s claim that temporary disability benefits are payable more than five years...more

Proving a Sudden and Extraordinary Employment Injury Must be Rock Solid

In State Compensation Insurance Fund v. WCAB and Jose Guzman, (H044300, filed 1/30/18, publication order 2/23/18), the California Court of Appeal, Sixth Appellate District, rejected Applicant’s argument that a psychiatric...more

Employee’s Decision To Forego Certain Damages Against Third-Party Does Not Diminish Employer’s Recovery Rights

In Duncan v. Wal-Mart Stores, Inc. (Cert. for Pub. on 12/13/17, No. G054220), the California Court of Appeal held that a plaintiff-employee is not entitled to reduce her employer’s lien to recover paid temporary disability,...more

California Court Declines to Accept Broad Exception To Going & Coming Rule

In Morales-Simental v. Genentech, Inc. (A145865, filed 9/22/17, publication order 10/19/17), the California Court of Appeal, First Appellate District rejected the plaintiffs’ broad interpretation of the “special errand”...more

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