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- Worker's compensation (6)
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- Aetna Life Insurance Co. v. Industrial Acci. Com. (1)
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Articles 1 - 27 of 27
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Gonzales V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Gonzales V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
It was not error to rate a claimant's pre-existing deaf-muteness at half of the standard ratings for deafness and muteness caused by an industrial accident because the claimant had worked for many years with his condition.
Coots V. Southern Pacific Co., Jesse W. Carter
Coots V. Southern Pacific Co., Jesse W. Carter
Jesse Carter Opinions
Where an employee was "blamelessly ignorant" that his moderate dermatitis condition would lead to disability, the statute of limitations under the Federal Employer's Liability Act did not begin to run until he was aware of his worsened condition.
. Chavez V. Industrial Accident Com. [Dissent], Jesse W. Carter
. Chavez V. Industrial Accident Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
The surviving spouse and the children were properly granted benefits consisting principally of unpaid compensation payments that accrued prior to the employee's death. The commission's disapproval of compromise was proper.
Sutton V. Industrial Acci. Com., Jesse W. Carter
Sutton V. Industrial Acci. Com., Jesse W. Carter
Jesse Carter Opinions
An industrial accident commission should not have ordered that an employee's permanent disability be reduced after the statutory five-year period had expired, even though application for the reduction was made prior to expiration.
Lambreton V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Lambreton V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Employee could not amend his application for compensation benefits to seek increased compensation for employer's serious and wilful misconduct because the statute of limitations ran.
Sprague V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Sprague V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
An industrial accident commission properly dismissed petitioner's request for an increased disability rating because petitioner made her request more than six years after the date of her injury, and the commission did not have jurisdiction over it.
Reinert V. Industrial Acci. Com., Jesse W. Carter
Reinert V. Industrial Acci. Com., Jesse W. Carter
Jesse Carter Opinions
An employee seriously injured during a recreational activity that was considered part of her remuneration was entitled to compensation for personal injuries. The injuries occurred during an activity permitted and encouraged by the employer.
State Compensation Ins. Fund V. Mcconnell [Dissent], Jesse W. Carter
State Compensation Ins. Fund V. Mcconnell [Dissent], Jesse W. Carter
Jesse Carter Opinions
It was not abuse of discretion or a procedural violation for the state insurance commissioner to adopt a new method of rating workmen's compensation premiums.
Madin V. Industrial Acci. Com., Jesse W. Carter
Madin V. Industrial Acci. Com., Jesse W. Carter
Jesse Carter Opinions
Employees employed as 24 hour a day caretakers of employer's rental property were injured in the course of employment and entitled to workers' compensation when a bulldozer from an adjacent property went wild and ran into their unit, injuring them.
Pauly V. King [Dissent], Jesse W. Carter
Pauly V. King [Dissent], Jesse W. Carter
Jesse Carter Opinions
A contractor and subcontractor were not liable for injuries sustained in a fall by another subcontractor's roofing employee who failed to exercise reasonable care, and a new trial was not warranted because jury instructions were unambiguous.
Subsequent Injuries Fund V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Subsequent Injuries Fund V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Where a preexisting condition was aggravated, a commission should have rated the combined disability and then assigned a proportion of the combined disability to the later injury and a correlative proportion to the preexisting disability.
Smith V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Smith V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
An applicant was entitled to additional compensation for a permanent disability injury even though he had already received a permanent disability injury because the labor code was liberally interpreted to extend its benefit to the applicant.
Austin V. Riverside Portland Cement Co., Jesse W. Carter
Austin V. Riverside Portland Cement Co., Jesse W. Carter
Jesse Carter Opinions
Company's duty of care to independent contractor's injured employees was that of an invitee because the company chose not to de-energize the power lines near where the employees were required to work at night.
Industrial Indem. Co. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Industrial Indem. Co. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
PROCEEDING to review an order of the Industrial Accident Commission allowing a credit against an award of compensation for personal injuries. Award affirmed in part and annulled in part with directions.
Stivers V. Department Of Employment [Dissent], Jesse W. Carter
Stivers V. Department Of Employment [Dissent], Jesse W. Carter
Jesse Carter Opinions
Employers could not recover unemployment insurance contributions made with protest under California's Unemployment Insurance Act because their agricultural employees worked in their commercial packing-house that was a business serving the public.
Aetna Casualty & Sur. Co. V. Pacific Gas & Elec. Co. [Dissent], Jesse W. Carter
Aetna Casualty & Sur. Co. V. Pacific Gas & Elec. Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Action brought by compensation insurance carrier to recover insured's employee's general tort damages for an industrial injury caused by corporation was barred by special statute setting a one-year statute of limitations.
Employers Mut. Liability Ins. Co. V. Industrial Acci. Com., Jesse W. Carter
Employers Mut. Liability Ins. Co. V. Industrial Acci. Com., Jesse W. Carter
Jesse Carter Opinions
An employee's injuries sustained when he fell to the floor as a result of an idiopathic seizure arose out of his employment where the injuries occurred at work and on his employer's premises.
Garcia V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Garcia V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
The department of employment lien for unemployment disability benefits against a settlement between a worker and a worker's compensation carrier for the worker's alleged industrial disability was prima facie that the lien should attach.
Hawaiian Pineapple Co. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Hawaiian Pineapple Co. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
An award of accident commission was annulled because record was devoid of substantial evidence that employer intended to do harm, had actual knowledge of consequences of failure to provide adequate safety devices, or had knowing disregard for safety.
Mercer-Fraser Co. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Mercer-Fraser Co. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Employees were not entitled to increased benefits for injuries sustained in a construction accident where the employer's construction superintendent's actions constituted negligence rather than willful misconduct.
Sutter Butte Canal Co. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Sutter Butte Canal Co. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
An Industrial Accident Commission (California) order awarding increased compensation to a deceased employee's survivors was annulled because there was not sufficient evidence that death resulted from an employer's serious and willful misconduct.
Liberty Mut. Ins. Co. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Liberty Mut. Ins. Co. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Employee who was injured when he dove into stream located near employer's premises on his free time was not entitled to compensation award under California's Workmen's Compensation Act because his injuries were not incurred in course of employment.
Fireman's Fund Indem. Co. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Fireman's Fund Indem. Co. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
The commission improperly awarded the injured employee compensation because her injury occurred while walking as an off-duty diversion of her own free choice. There was no causal connection between the injury and the employment.
California-Western States Life Ins. Co. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
California-Western States Life Ins. Co. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
No abstract provided.
State Compensation Ins. Fund V. Industrial Acci. Com., Jesse W. Carter
State Compensation Ins. Fund V. Industrial Acci. Com., Jesse W. Carter
Jesse Carter Opinions
An employee who was the aggressor in a fight with his superior during the course of his employment was entitled to recover under workmen's compensation law; fault, serious and wilful misconduct, and contributory negligence did not bar recovery.
Aetna Life Ins. Co. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Aetna Life Ins. Co. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Insurer that had paid unemployment disability benefits to an employee was entitled to a lien against an amount payable to the employee as workmen's compensation under a compromise agreement between the employee and a workmen's compensation carrier.
Bryant V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Bryant V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
State workers' compensation commission had no discretion to partly disallow state unemployment department's proven lien for benefits paid to injured worker based on his periods of temporary and permanent disability.