Case Summaries

Workers' Comp

[01/11] Pacific Operators Offshore, LLP v. Valladolid
In an appeal from a judgment of the appeals court vacating an administrative dismissal of respondent's Outer Continental Shelf Lands Act (OCSLA) claim for benefits as a surviving spouse, judgment is affirmed where a claimant seeking benefits under the OCSLA must establish a substantial nexus between the injury and extractive operations on the shelf.

[12/13] In the Matter of Elrac, Inc. v. Exum
In an appeal from a judgment of the appellate division permitting arbitration of a claim by plaintiff-employee for uninsured motorist benefits, judgment is affirmed because a self-insured employer whose employee is involved in an automobile accident may be liable to that employee for uninsured motorist benefits, notwithstanding the exclusivity provision of the Workers' Compensation Law.

[10/31] County of Kern v. Workers' Comp. Appeals Bd
In an appeal from a judgment of the trial court affirming an administrative decision in a claim for worker's compensation, judgment is affirmed where a volunteer firefighter with a local nonprofit firefighting organization was a county employee for purposes of workers' compensation coverage under Labor Code section 3361.1.

[09/13] Motheral v. Workers' Compensation Appeals Board
In a petition for review of a judgment of the defendant-Board denying reconsideration of an administrative decision calculating petitioner's disability benefits based solely on his full-time employment at minimum wage, Lab. Code section 4653, judgment is reversed where section 4454 mandates the inclusion of the market value of petitioner's living quarters, utilities, and car allowance.

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