[03/23] People v. Riddles
Conviction of workers' compensation insurance fraud in violation of Insurance Code section 11760(a) and restitution order are affirmed where: 1) a workers' compensation insurer may recover, as restitution under Penal Code section 1202.4, the premiums it would have earned in the absence of misrepresentations by an insurance applicant; and 2) the court did not err in imposing a fine.
[01/20] Metro Machine Corporation v. DOWCP
In a petition for review of an order of the Benefits Review Board affirming decisions of an ALJ granting a claim for medical benefits under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. section 907, the petition is denied where: 1) the only error the ALJ committed was in failing to apply the 'naturally or unavoidably results' standard to the fracture claim; and 2) remand for application of that standard would be a futile exercise, given that there was no issue presented regarding avoidability.
[11/22] Gage v. Workers' Compensation Appeals Board
In a workers' compensation action brought by petitioner, a deputy sheriff who sustained a job-related injury, the Workers' Compensation Appeals Board's decision denying penalties for the unreasonable delay of advance disability pension payments is annulled and remanded where: 1) such payments qualify as compensation under Labor Code section 3207; 2) such penalties available under Labor Code section 5814 are available for unreasonable delay or denial of the payment of compensation; and 3) no other provision of the Labor Code excludes such payments from the penalty provisions of section 5814.
[11/15] Lee v. West Kern Water Dist.
In a case involving the applicability of the workers' compensation exclusivity rule, which governs the matter of when an injured worker can bring a civil action against the employer and when he or she is instead limited to the remedy of a workers' compensation award, brought by a former employee against a water district and four coemployees, alleging assault and intentional infliction of emotional distress after the coemployees staged a mock robbery with plaintiff as the victim, the trial court's judgment is: 1) reversed as to the grant of defendants' motion for a new trial where the jury instructions were not erroneous, and alternative grounds for affirmance proposed by defendants lack merit; and 2) affirmed as to the order denying the motion for judgment notwithstanding the verdict.