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Case Law

Case law is law that is based on judicial decisions that interpret and apply statutes and regulations. Therefore, case law is ever changing.  Prior to relying on a case please confirm that it remains the current standard or most recent law.  

Please note that cases also have differing authority. For example, Workers’ Compensation Appeals Board panel decisions are not binding.  

Whereas a California Appellate Court case is cited as Cal.App. and is citable and binding authority on the Appeals Board.  A California Supreme Court case is cited as Cal. and is citable and binding authority. In addition, Workers’ Compensation Appeals Board en banc decisions cited as Cal. Comp. are also binding. Binding decisions mean that the holding in the case is precedent and Workers’ Compensation Judges are bound to follow the holding in the decision. If the decision is not binding, Workers’ Compensation Judges are not required to follow the holding in the case, but may use the holding as guidance in reaching their decision.

The following cases are reprinted from LexisNexis with permission. Copyright 2021 LexisNexis. All rights reserved.

• Anderson vs. Jaguar/Landrover of Ventura (July 24, 2012) (panel decision) 2012 WL 4788501; 2012 Cal.Wrk.Compensation P.D. LEXIS 327
• Bonnie M. Allen vs. Workers’ Compensation Appeals Board (2008) 73 Cal Comp Cases 1631
• Braewood Convalescent Hospital vs. Workers’ Compensation Appeals Board (1983) 34 Cal.3d 159
• Brodie vs. Workers’ Compensation Appeals Board (2007) 40 Cal.4th 1313
• City of Jackson vs. Workers’ Compensation Appeals Board (2017) 11 Cal App 5th 109
• City of Petaluma vs. Workers’ Compensation Appeals Board (2018) 29 Cal.App.5th 1175
  
• City of Santa Clara vs. Workers’ Compensation Appeals Board (2020) 49 Cal.App.5th 605
  
• E.L. Yeager Construction vs. Workers’ Compensation Appeals Board (2006) 145 Cal.App.4th 922
  
• Escobedo vs. Marshalls (2005) 70 Cal. Comp. Cases 604
  
• Kos vs. Workers' Compensation Appeals Board(2008) 73 Cal. Comp. Cases 529
  
• Pearson Ford vs. Workers' Compensation Appeals Board (2017) 16 Cal. App. 5th 889 
  

Statutes and Regulations

• California Labor Code § 3208
  
• California Labor Code § 3208.1
• California Labor Code § 4662
• California Labor Code § 4663
  
• California Labor Code § 4664
  
• Government Code § 11135
  
• Title 8 California Code of Regulations § 10682
  
• Title 8 California Code of Regulations §41

Resources

• Glossary of workers' compensation terms for injured workers
• “Implicit Gender Bias Among US Resident Physicians,” BMC Medical Education 19, 396 (2019)
• Implicit Racial/Ethnic Bias Among Health Care Professionals and Its Influence on Health Care Outcomes: A Systematic Review, Am. J. Public Health 2015 Dec.
• Greenwood, Carnahan & Huang, “Patient-physician gender concordance and increased mortality among female heart attack patients,” PNAS August 21, 2018
• “The Impact of Unconscious Bias in Healthcare: How to Recognize and Mitigate It,” The Journal of Infectious Diseases, Volume 220, Issue Supplement_2, 15 September 2019, Pages S62–S73
• Implicit Bias and Barriers to Quality Care
• Implicit Association Test
• Gender Bias in Medicine
• Implicit Bias and Patients’ Perceptions of Care
• Implicit Bias in Health Care Delivery

October 2021