Case Name:	Facundo-Guerrero v. WCAB		06/02/2008
Summary:	He filed a writ of review with this court after a Workers' Compensation Appeals Board (WCAB) decision determined that he was entitled to benefits covering only 24 chiropractic treatments, as specified by section 4604. 5(d). We reject all of these constitutional challenges to section 4604. 5(d), and affirm the decision of the WCAB. A hearing was held before a WCAB judge (WCJ) on February 16, 2007,*fn2 and an initial decision was issued on March 9. The WCAB granted reconsideration and adopted the September 5 decision of the WCJ as its own. In Costa, an electrician filed a claim for benefits with the WCAB and requested an expedited hearing because he was in " 'dire need of medical treatment, including home care. '
Note:	There is nothing unconstitutional about Labor Code section 4604.5(d). The Legislature has legal authority to enact a law limiting petitioner's right to receive chiropractic treatment.
Citation:	A119814
WCC Citation:	WCC 33772008 CA

Case Name:	Faigin v. Signature Group Holdings, Inc.		12/05/2012
Summary:	FAIGIN v. SIGNATURE GROUP HOLDINGS, INC. ALAN W. FAIGIN, Plaintiff and Appellant, v. SIGNATURE GROUP HOLDINGS, INC. , Defendant and Appellant. Signature Group Holdings, Inc. , formerly known as Fremont Reorganizing Corporation (FRC), appeals a judgment awarding Alan W. Faigin $1,347,000 in damages for breach of an implied-in-fact agreement to terminate his employment only for good cause. When the FRC board of directors considered hiring a new management group, Faigin informed the directors and major shareholders of his objections to the proposal. The new management group was formally appointed to FRC in December 2007, including a President, a Chief Executive Officer and a General Counsel replacing Faigin in those positions. FRC argued that any employment relationship between Faigin and FRC must be based on FRC's conduct rather than Fremont General's conduct.
Note:	Fremont General's former general counsel won a $1.35 million breach of employment contract suit against its successor, after an appellate court agreed that he was terminated without good cause.
Citation:	B224598
WCC Citation:	WCC 39552012 CA

Case Name:	Fain v. WCAB		11/13/2008
Summary:	Fain v. Workers' Compensation Appeals Board, No. F056026 (Cal. App. Dist. 5 11/13/2008) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT No. F056026 November 13, 2008 DIANNA FAIN, PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD AND CITY OF FRESNO POLICE DEPARTMENT, RESPONDENTS. Code, § 3212. 1. *fn2 ) Not finding sufficient basis upon which to invoke the presumption, we agree with the WCAB. BACKGROUND Bruce Fain (Fain) worked as a police officer for the City of Fresno (Fresno) from May 29, 1972, until August 17, 2006. Fain subsequently passed away and his wife pursued his workers' compensation claim. Adopting the WCJ's findings, the WCAB did not find any evidence Fain was ever exposed to a known carcinogen while working for Fresno as a police officer.
Note:	The widow of a Fresno police detective was unable to prove that her husband's fatal brain cancer arose from his work.
Citation:	F056026
WCC Citation:	WCC 34622008 CA

Case Name:	Farmer Bros. Coffee v. WCAB (Ruiz)		10/17/2005
Summary:	Federal Preemption Petitioner contends that sections 3351 and 1171. 5 have been preempted by the employment provisions of the IRCA (8 U. S. C. § 1324a). It is also a crime to knowingly accept a false immigration document for purposes of satisfying the requirements of the statute. "Article VI of the Constitution provides that the laws of the United States shall be the supreme Law of the Land; . Consideration of issues arising under the Supremacy Clause start[s] with the assumption that the historic police powers of the States [are] not to be superseded by . of Breyer, J. ; see also, Bank One Chicago, N. A. v. Midwest Bank & Trust Co. (1996) 516 U. S. 264, 277-279, fn.
Note:	Immigration status is irrelevant to the issue of liability.
Citation:	133 Cal. App. 4th 533; 35 Cal. Rptr. 3d 23
WCC Citation:	WCC 31242005 CA

Case Name:	Farmer v. Lodi Memorial Hospital Assn. Inc.		10/24/2012
Summary:	FARMER v. LODI MEMORIAL HOSPITAL ASSN. INC. SANDY FARMER, Plaintiff and Appellant, v. LODI MEMORIAL HOSPITAL ASSOCIATION, INC. , Defendant and Respondent. This appeal arises after the trial court granted defendant Lodi Memorial Hospital Association's motion for summary judgment in plaintiff Sandy Farmer's action for damages due to alleged wrongful termination. She alleged that while working for the Lodi Memorial Hospital (Hospital) she developed "a digestive disorder and in addition began suffering from depression[. ]"Farmer objected that the handbook itself had not been placed into evidence by the Hospital.
Note:	A former hospital worker's wrongful termination claim failed as a matter of law because she did not timely exhaust her administrative remedies, and she was an at-will employee.
Citation:	C068489
WCC Citation:	WCC 39452012 CA

Case Name:	Farmers Ins. Exchange vs. WCAB (Sanchez)		12/19/2002
Summary:	FARMERS INSURANCE GROUP OF COMPANIES/TRUCK INSURANCE EXCHANGE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and MICHAEL SANCHEZ, Respondents. His employer's insurer, Farmers Insurance Group of Companies/Truck Insurance Exchange, seeks a credit against the life pension in the workers' compensation action in order to satisfy the restitution order. Farmers petitioned to bar all further workers' compensation benefits pursuant to the fraud conviction, or in the alternative, for credit. Page 4} could be barred if Farmers had filed such a request within five years of the date of injury. Allowing Farmers a credit against Sanchez's lifetime pension would be tantamount to modification or compromise of the criminal restitution order We therefore decline Farmers' request.
Note:	Only particular item of fraud barred; claimant still entitled to benefits; employer cannot take credit for restitution against benefits.
Citation:	104 Cal.App.4th 684
WCC Citation:	WCC 28992002 CA

Case Name:	Farris vs. Industrial Wire et. al.		07/27/2000
Summary:	BACKGROUND Applicant sustained an admitted cumulative industrial injury to both upper extremities from September 1, 1989 through August 17, 1997, while employed by Industrial Wire Products, the insured of defendant. It also argued that, because applicant did not seek reconsideration of the Findings and Award, he had waived his right to seek additional penalties. In relevant part, the WCJ first found that applicant was entitled to a ten-percent section 4650(d) penalty "on all payments of permanent disability delayed herein. "(1979) 23 Cal. 3d 815, 826 [44 Cal. Comp. Cases 321, 328] (emphasis added); see also Avalon Bay Foods v. Worker's Comp. Thus, when "an award is readily severable into the different classes or categories of compensation as defined by the Workers Compensation Act (Lab.
Note:	5814 penalty applies to entire underlying species when failure / refusal to pay 4650 penalty.
Citation:	65 C.C.C. 824 WCAB En Banc Decision, 65 CCC 824
WCC Citation:	WCC 3592000 CA

Case Name:	Faust v. California Portland Cement Company		05/10/2007
Summary:	Ct. No. BC321660) MICHAEL FAUST, Plaintiff and Appellant, v. CALIFORNIA PORTLAND CEMENT COMPANY, Defendant and Respondent. Plaintiff and appellant Michael Faust (Faust) appeals a judgment following a grant of summary judgment in favor of his former employer, defendant and respondent California Portland Cement Company, a California corporation (Portland). Bill Buchanan, a fellow employee who was supposed to drive Faust to the work site, did not pick up Faust, requiring Faust to walk to the site. However, the issue here is not whether Faust duly requested leave -- Portland admitted Faust "provided verbal notice sufficient to make [Portland] aware he needed leave pursuant to the California Family Rights Act. "In any event, Faust presented evidence that Portland did not contact any of the persons designated by Faust and that Portland did not pursue any accommodation of Faust's disability.
Note:	Employee provided sufficient information to the employer to advise it of his need for leave pursuant to the CFRA, and that the employer did not give notice to employee of his right to leave under the CFRA, leading to the reversal of a decision in favor of the employer.
Citation:	150 Cal. App. 4th 864
WCC Citation:	WCC 32232007 CA

Case Name:	Faust vs. City of San Diego		12/11/2003
Summary:	WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. SDO 244774 WALTER FAUST, Applicant, vs. CITY OF SAN DIEGO, Permissibly Self-Insured, Defendant(s). BACKGROUND Applicant, Walter Faust, was employed as a firefighter by the City of San Diego from February 1972 until his retirement on July 4, 1998. Applicant reported his history of exposure to Dr. Jay: "Mr. Walter Faust stated that he was employed by the City of San Diego Fire Department as a fire fighter from February 1972 until his retirement on July 4, 1998. Mr. Faust stated that during the course of his employment with the City he has fought many fires. Dr. Fung reported applicant's history of exposure: "In terms of exposures, Mr. Faust states that he was first employed of February 4, 1972, by the City of San Diego as a firefighter.
Note:	Burden of proof in presumptive cancer cases.
Citation:	68 CCC (2003)
WCC Citation:	WCC 29622003 CA

Case Name:	Federal Mogul v. WCAB		09/27/1973
Summary:	FEDERAL MOGUL CORPORATION, NATION SEAL DIVISION, a corporation and THE TRAVELERS INSURANCE COMPANY, Petitioners v. THE WORKMENS COMPENSATION APPEALS BOARD OF THE STATE OF CALIFORNIA; BETTY L. WHITWORTH; J. DeWITT FOX, M. D. ; EDWARD I. WISOTSKY, M. D. ; AFTON C. TAYLOR, M. D. and LIBERTY MUTUAL INSURANCE COMPANY. Betty L. Whitworth, after trial, was found to have sustained industrial injuries. The claims were originally denied and the carriers did not provide any medical treatment. The carriers petitioned for reconsideration but were denied because they failed to produce any evidence that the medical charges were excessive. You are counseled to consult the full case for an accurate citation.
Note:	Official Medical Fee Schedule does not apply to self-procured treatment.
Citation:	38 CCC 584 (Writ Denied)
WCC Citation:	WCC 28791973 CA