Legal Opinion

State Compensation Insurance Fund v. Workers' Compensation Appeals Board

California Court of Appeal

Decided August 8, 1995No. B086372PublishedCited by 18 opinions

1Opinion of the Court

Opinion

KLEIN, P. J.

A workers’ compensation judge (WCJ), applying the rebut-table presumption of compensability provided in Labor Code section 5402, 1 barred evidence offered by defendant State Compensation Insurance Fund (SCIF) concerning its admitted noncompliance with the statute and determined that an applicant was 100 percent permanently disabled due to industrial injury. SCIF petitioned for reconsideration, and the Workers’ Compensation Appeals Board (Board) denied reconsideration, upholding the WCJ. SCIF sought review in this court, contending that the WCJ had erred in finding…

2Cases cited4 opinions

  1. DuBois v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1993
  2. Industrial Indemnity Co. v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1985
  3. Griffith v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1989
  4. Rodriguez v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1994

3Cited by18 opinions

  1. Honeywell v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 2005
  2. Farr v. County of NevadaCalifornia Court of Appeal · 2010
  3. People v. DubonCalifornia Court of Appeal · 2001
  4. Gee v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2002
  5. In Re Social Services Payment CasesCalifornia Court of Appeal · 2008

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