Case Name:	Fenn vs. WCAB		04/21/2003
Summary:	OPINION O'LEARY, J. - James Fenn (Fenn), a firefighter for the City of Anaheim (City), seeks a writ of review after the Workers' Compensation Appeals Board (WCAB or Board) denied his petition for reconsideration. Both Fenn and the City admitted Fenn was a fire engineer for the City who lost time from work because of an industrial injury. Fenn claimed entitlement to federal Fair Labor Standards Act (FLSA) benefits as part of his section 4850 pay. The City contends because Fenn was off work on industrial leave he is not entitled to the time plus one-half premium. Fenn filed a petition for reconsideration with the WCAB, asking that the WCJ's findings and order be rescinded.
Note:	Because actual work necessary to earn FLSA premium, time off due to work injury not count towards benefit rate.
Citation:	107 Cal.App.4th 1292
WCC Citation:	WCC 29282003 CA

Case Name:	Ferguson v. WCAB		04/13/1995
Summary:	JUDY A. FERGUSON, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and RALEY'S SUPERMARKETS, Respondents. Background On September 14, 1988, petitioner Judy A. Ferguson (applicant) slipped and fell on a wet floor while employed as a general merchandise clerk for respondent Raley's Supermarkets (Raley's). Applicant also sought a 50 percent increase in her award under section 4553, alleging serious and willful misconduct by Raley's. It was also undisputed that Raley's knew of the dangerous condition, as other employees had fallen and complained to management. [33 Cal. App. 4th 1618] On October 8, 1991, the WCJ filed his report on reconsideration, recommending that the board deny Raley's petition.
Note:	Increase per 4553 applies to entire award, not just indemnity.
Citation:	33 Cal.App.4th 1613, 60 CCC 275
WCC Citation:	WCC 24091995 CA

Case Name:	Fermer v. Searles Valley Minerals, Inc.		09/03/2010
Summary:	Farmer v. Searles Valley Minerals, Inc. , No. E048827 (Cal. App. Dist. 4 09/03/2010) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO No. E048827 September 3, 2010 MARK FARMER, PLAINTIFF AND APPELLANT, v. SEARLES VALLEY MINERALS, INC. , DEFENDANT AND RESPONDENT. Plaintiff alleged that Becker's "frightening and demeaning supervision began to have a negative effect on [p]laintiff's physical and mental health. "On August 3, 2006, plaintiff saw Dr. Lusk who confirmed the hypertension diagnosis and again extended plaintiff's medical leave. In May 2007, plaintiff's attorney sent SVM a letter that "detailed the numerous statutory violations committed by [SVM] in its treatment of [p]laintiff. "On June 12, 2009, the trial court entered summary judgment in favor of SVM and against plaintiff on plaintiff's first amended complaint.
Note:	A former mining worker created a triable issue of fact about whether his employer terminated him because of depression resulting from his boss'
Citation:	E048827
WCC Citation:	WCC 36632010 CA

Case Name:	Fernandez v. Spayde		06/27/2017
Summary:	This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115(a).   IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX .             BRAYAN FERNANDEZ, Plaintiff and Appellant, .             v. .             ROGER SPAYDE et al. , Defendants and Respondents; .             EVEREST NATIONAL INSURANCE COMPANY, Intervener and Appellant. Ct. No. 56-2014-00449789-CU-PO-VTA) .             (Ventura County) .             Plaintiff Brayan Fernandez and plaintiff-inintervention Everest National Insurance Company (ENIC) (plaintiffs) appeal a summary judgment entered in favor of defendants Roger Spayde and Kristin Spayde. .           Fernandez sued Roger and Kristin Spayde, as owners of the home, for negligence and premises liability. .           We concur: .           PERREN, J. .           Rocky Baio, Judge .           Superior Court County of Ventura .           James S. Link; Law Offices of Daniel Gibalevich, Daniel Andrew Gibalevich; Roberson & Kimball, Blake S. Posner for Plaintiff, Intervener and Appellants.
Note:
Citation:	B276173
WCC Citation:	Super. Ct. No. 56-2014-00449789-CU-PO-VTA

Case Name:	Fernandez vs. Lawson		05/13/2002
Summary:	MIGUEL FERNANDEZ, Plaintiff and Appellant, v. TRUMAN LAWSON, JR. , et al. , Defendants and Respondents. OPINION WOODS, J. - Miguel Fernandez asks this court to reverse the judgment entered upon the trial court's order granting summary judgment for Truman W. Lawson Jr. , Gaile F. Lawson and the Truman W. Lawson Jr. and Gaile F. Lawson Trust (collectively Lawson) on Fernandez's complaint alleging, breach of California Occupational Safety and Health Act (OSHA) regulations and American National Standards Institute (ANSI) safety standards relating to trimming of an approximately 50-foot tall palm tree at Lawson's private residence. With respect to the workers' compensation claim, Lawson pointed out their homeowner's insurance policy provided for workers' compensation insurance and Fernandez submitted a claim. If the jury finds Lascano misrepresented ATS's license status and Fernandez is thereby estopped from claiming he was the employee of Lawson, then Fernandez will be deemed an employee of ATS only and ATS will be treated as an independent contractor. As an independent contractor, ATS, not Lawson would be responsible for compliance with OSHA, unless Fernandez demonstrates Lawson exercised control over the details of the work.
Note:	Reliance on license status of contractor under LC 2750.5 is factual issue for trial.
Citation:	98 Cal.App.4th 388
WCC Citation:	WCC 28502002 CA

Case Name:	Ferreira v. Homeport Insurance Co,		07/23/2012
Summary:	CO. EVA JEAN FERREIRA, Individually and as Executor, etc. , Plaintiff, Cross-defendant and Appellant, v. HOMEPORT INSURANCE COMPANY, et al. , Defendants, Cross-complainants and Appellants. Plaintiff Eva Ferreira, who filed this suit as an individual and as executor of her late husband's estate, appeals from a final judgment for defendants Homeport Insurance Company, Stevedore Services of America and SSA Marine. Once the U. S. Department of Labor approved the settlement, Homeport was to pay Ferreira $370,000 over and above any compensation benefits previously paid for the 2003 injury. Homeport agreed to withdraw any claims for subrogation or lien rights to recovery obtained by Ferreira against the Port of Stockton or the ship involved in the 2003 mishap. Since Mr. Ferreira died on July 27, 2007, Ferreira argued the cross-complaint was untimely.
Note:	A California appellate court ruled that the widow of a longshoreman who had failed to finalize a tentative agreement with his employer's insurance carrier for his industrial injury before his death could not sue the carrier for breaching the terms of the proposed agreement or for her emotional distress arising from the carrier's refusal to honor its terms.The court also said that the carrier could not sue the worker's estate for a lien on a recovery in any action against a third-party for the worker's industrial accident.
Citation:	A129546
WCC Citation:	WCC 39152012 CA

Case Name:	Fidelity & Cas. Co. of NY v. WCAB (Harris)		03/31/1980
Summary:	Through his attorney Harris agreed to sign and on May 6, 1975, signed a compromise and release agreement with Fidelity on WCAB Form 15 (Rev. On August 15, 1975, the compromise and release agreement of May 6, 1975, as raised, was approved by the WCAB. Fidelity answered and the WCAB judge, on August 21, 1978, submitted a report and recommendation on the petition for reconsideration. On September 29, 1978, Fidelity wrote to the WCAB seeking clarification of the issues then pending before the board by virtue of its order granting reconsideration. The WCAB then requested from the permanent disability rating board a rating of the objective disability factors contained in Dr. Hickey's report.
Note:	Board may take further evidence only on issue being reconsidered; must give notice, opportunity to present evidence to parties.WCAB decides if good cause exists per S. 5803 to rescind a C&R agreement.
Citation:	103 Cal.App.3d 1001, 45 CCC 381
WCC Citation:	WCC 27391980 CA

Case Name:	Fidelity & Cas. Co. of NY v. WCAB (Ratzel)		07/05/1967
Summary:	THE FIDELITY & CASUALTY COMPANY OF NEW YORK, Petitioner, v. THE WORKMEN'S COMPENSATION APPEALS BOARD and HUGO W. RATZEL, Respondents. The applicant, born January 24, 1910, was employed as a steel fitter by Standard Steel Corporation. For present purposes we shall assume, without deciding, that they contain evidence of objective factors of disability as contended by the appeals board. Through inadvertence the referee's instructions and the recommended rating were not served on the petitioner until after the award issued. It said (p. 188): 'As this disability was not included in the permanent disability rating, the award to that extent is not sufficient.
Note:	A parties recourse in objecting to rating is to cross-examine expert and rebuttal evidence.
Citation:	252 Cal.App.2d 327, 32 CCC 271
WCC Citation:	WCC 25391967 CA

Case Name:	Fields v. State of California		09/20/2012
Summary:	Kenneth Fields v. State of California F063128 /20/2012 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT KENNETH FIELDS, PLAINTIFF AND APPELLANT, v. STATE OF CALIFORNIA, DEFENDANT AND RESPONDENT. Fields v. State of California CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8. 1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8. 1115(b). Fields filed a personal injury action against Gadbois's estate and the State of California (State), Gadbois's employer. Fields contended that Gadbois was acting within the scope of her employment as an employee of the State at the time of the accident. Accordingly, we conclude that the State is not liable for any injuries Gadbois caused to Fields when she drove to work from her workers' compensation appointment.
Note:	A prison cook killed in a car accident while driving to work after a doctor's appointment related to her workers' compensation claim was not within the scope of her employment at the time of her death.
Citation:	F063128
WCC Citation:	WCC 39392012 CA

Case Name:	Fireman's Fund Indem. Co. v. Industrial Accident Comm'n		04/28/1932
Summary:	Pete Novak applied to the respondent Commission to fix the amount of his compensation growing out of an injury received. At the time of the accident the camp was fifteen miles distant from Lassco. After the accident he was put on the truck and the truck continued on its way to Lassco. Awards in favor of the claimant were annulled in Parker v. Pont, 105 L. T. 493, Enterprise Foundry Co. v. Industrial Acc. 1025]; Rock County v. Industrial Com. , 185 Wis. 134 [200 N. W. 657]; Lamm v. Silver Falls Timber Co. , 133 Or.
Note:	Injury not compensable where employee is injured while picking up paycheck at place/ time within employees discretion
Citation:	123 Cal.App. 142
WCC Citation:	WCC 30541932 CA