Case Name:	Gomez vs. Casa Sandoval; Nokes vs. Placer Savings		05/27/2003
Summary:	OAK 234515; OAK 239085; OAK 240882 CAROL NOKES, Applicant, VS. PLACER SAVINGS BANK; FREMONT COMPENSATION INSURANCE COMPANY; PAULA INSURANCE COMPANY (IN LIQUIDATION); CALIFORNIA COMPENSATION (IN LIQUIDATION); CALIFORNIA INSURANCE GUARANTEE ASSOCIATION; DEFENDANTS. SAC 289506; SAC 289507 The Workers' Compensation Appeals Board (Appeals Board) granted reconsideration to further study the record in these two cases. "Case OAK 234515 for cumulative trauma period from August 1988 to December 8, 1995, wherein California Compensation/CIGA is the only defendant. Since the apportionment of liability has been reduced to a final judgment, CIGA remains liable for the now-insolvent carrier's already-established liability. IT IS FURTHER ORDERED, as the Decision After Reconsideration of the Board (En Banc) in Nokes v. Placer Savings Bank (SAC 289506, 289507), that the Findings, Award and Order of July 24, 2002 is hereby AFFIRMED.
Note:	Limitations on CIGA liability where mix of solvent and insolvent carriers.
Citation:	68 CCC (2003) (En Banc)
WCC Citation:	WCC 29362003 CA

Case Name:	Goni Enterprises v. Dept. of Industrial Relations		04/10/2018
Summary:	This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115(a).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 THREE .             GONI ENTERPRISES, Plaintiff and Appellant, .             v. .             DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF LABOR STANDARDS ENFORCEMENT, Defendant and Respondent. .             B277670 .             Los Angeles County Super. .             California Department of Industrial Relations, Division of Labor Standards Enforcement and Edna Garcia Earley for Defendant and Respondent. INTRODUCTION .             In November 2013, the Office of the State Labor Commissioner (Commissioner) within the California Department of Industrial Relations (Department) cited plaintiff Goni Enterprises, Inc. (Goni) for failing to secure workers’ compensation insurance for its employees. .           NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS .           LAVIN, J.
Note:	A California Appellate Court ruled that an employer could not challenge a lien against its property, imposed because of failure to secure workers’ compensation insurance for its employees, since it had not followed the proper process to challenge a stop order and penalty assessment.
Citation:	B277670
WCC Citation:	Los Angeles County Super. Ct. No. NC059643

Case Name:	Gonzales v. WCAB		12/22/1998
Summary:	CONNIE GONZALES, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and HUNT-WESSON, INC. , Respondents. She petitioned this court for a writ of review of the board's decision [68 Cal. App. 4th 846] on this narrow legal issue. She stipulated she did not have any plans to look for work elsewhere once retired from the employ of Hunt-Wesson, Inc. The referee issued a report finding the petitioner's average weekly earnings for purposes of temporary disability were zero after August 10. 'Average weekly earnings' are determined for both temporary and permanent disability payments according to various provisions of section 4453.
Note:	Worker not entitled to TTD after date of retirement because no earning capacity.
Citation:	68 Cal.App.4th 843, 63 CCC 1477
WCC Citation:	WCC 24891998 CA

Case Name:	Gonzalez v. ATI Systems International		05/20/2011
Summary:	GONZALEZ v. ATI SYSTEMS INTERNATIONAL, INC. ROLAND GONZALEZ, Plaintiff and Appellant, v. ATI SYSTEMS INTERNATIONAL, INC. , Defendant and Respondent. On September 15, 2005, Gonzalez provided ATI with a note from his doctor stating, "Roland Gonzalez is under my care for a serious cardiovascular condition and is temporarily disabled. ATI stated that it had no information as to when, or even if, Gonzalez would be able to return to work. ATI argued that Gonzalez never gave notice that he was eligible to return to work under certain circumstances, and therefore, ATI was not required to engage in an interactive process. In this case, ATI presented evidence that granting Gonzalez an additional unpaid leave of absence would have caused ATI undue hardship.
Note:	An accountant who was fired after he used all the 12 weeks of unpaid leave allowed to him while recovering from a surgery has a valid discrimination claim that should go to trial, the California 2nd District Court of Appeal ruled.
Citation:	B223779
WCC Citation:	WCC 37642011 CA

Case Name:	Gonzalez v. Luzaich Striping, Inc.		04/10/2008
Summary:	INTRODUCTION Plaintiff Ruben Gonzalez appeals from a judgment entered in favor of defendants Luzaich Striping, Inc. and Bruce Freebury (jointly LSI). Freebury personally informed Gonzalez that he was being laid off, and told Gonzalez that he was being let go because "work was slow. "Freebury did not give Gonzalez his final paycheck at the time he informed Gonzalez he was being dismissed. After Gonzalez filed this lawsuit, Luzaich asked an office assistant to prepare a worksheet setting forth Gonzalez's absences during his employment with LSI. Luzaich also offered a "worksheet that [he] had prepared after Mr. Gonzalez presented his claim in this matter" that Luzaich believed "confirmed [his] understanding upon laying [Gonzalez] off that he had a poor attendance record. "
Note:	[Unpublished] Plaintiff does not claim on appeal that he was improperly terminated because of his alleged disability. Rather, plaintiff contends that it is employer's failure to rehire and/or failure to accommodate him in the rehiring process that represents the actionable disability discrimination. This argument is meritless.
Citation:	D050693
WCC Citation:	WCC 33392008 CA

Case Name:	Gonzalez v. WCAB (Hunt Wesson)		12/22/1998
Summary:	She petitioned this court for a writ of review of the board's decision [68 Cal. App. 4th 846] on this narrow legal issue. She stipulated she did not have any plans to look for work elsewhere once retired from the employ of Hunt-Wesson, Inc. The referee issued a report finding the petitioner's average weekly earnings for purposes of temporary disability were zero after August 10. 'Average weekly earnings' are determined for both temporary and permanent disability payments according to various provisions of section 4453. (1947) 79 Cal. App. 2d 711, 722 [180 P. 2d 972] [earning capacity is 'touchstone' in determining average earnings]. )
Note:	Applicant not entitled to TTD after date of retirement (NOTE: distinguishing cases cited within opinion).
Citation:	68 Cal.App.4th 843
WCC Citation:	WCC 28191998 CA

Case Name:	Gordon v. Symantec Corp.		10/17/2011
Summary:	INTRODUCTION Appellant Sarah Gordon was employed by respondent Symantec Corporation (Symantec) from 2004 until November 2007, when she was terminated from her position as senior principal engineer. Gordon filed a wrongful termination action against Symantec alleging that Symantec's decision to terminate her was based upon her physical disability, which Symantec had accommodated by allowing her to fly business class on flights longer than three hours. For the reasons stated below, we determine that Symantec met its burden on summary judgment to show legitimate, nondiscriminatory reasons for terminating Gordon. Gordon continued to work for Symantec as a contractor until 2004, when she accepted Weafer's offer of employment with Symantec as a senior principal research engineer. While working for Symantec as an employee and as a contractor, Gordon lived in Florida and worked from her home.
Note:	A disabled senior principal research engineer did not present enough evidence for a court to conclude that her employer terminated her because of her disability.
Citation:	H036239
WCC Citation:	WCC 38112011 CA

Case Name:	Gorman v. WCAB		07/19/1982
Summary:	RICHARD GORMAN, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, CITY OF SAN CLEMENTE et al. , Respondents. Richard Gorman (petitioner) was employed as a police officer by the City of San Clemente from 1973 through May 23, 1979. It was adjudicated in 1980 that petitioner had suffered several industrial injuries resulting in permanent partial disability. The Rehabilitation Bureau ordered the defendants to pay temporary disability indemnity pursuant to subdivision (c) of section 139. 5. Defendants appealed to the Board, and both the WCAB trial judge and the Board ruled that the petitioner's right to temporary disability benefits under the Workers' Compensation Act terminated pursuant to section 4853 fn.
Note:	Retired policeman not eligible to continue receiving rehab. TD indemnity.
Citation:	133 Cal.App.3d 998, 47 CCC 745
WCC Citation:	WCC 27031982 CA

Case Name:	Gourley v. City of Napa		03/18/1975
Summary:	OSMER B. GOURLEY, Plaintiff and Appellant, v. CITY OF NAPA, Defendant and Respondent (Opinion by Taylor, P. J. , with Kane and Rouse, JJ. , concurring. )Richard L. Knickerbocker, City Attorney (Santa Monica), Rosario Perry, Deputy City Attorney, Chalmers E. Lones, City Attorney (Signal Hill), Warren J. Lynch, City Attorney (Salinas), and Raymond M. Haight, Assistant City Attorney, as Amici Curiae on behalf of Defendant and Respondent. Pursuant to this statute, the temporary disability payments that would otherwise have been payable to Gourley by the city's workmen's compensation insurer were paid to the city. Upon receipt of this notification, the city terminated payments to Gourley under Labor Code section 4850 and applied to the PERS for disability retirement of Gourley to be effective July 1, 1972. On July 11, 1972, Gourley's attorney wrote to PERS stating that Gourley did not consent to the retirement date sought by the city.
Note:	Fireman cannot be retired with PD benefits and still be receiving full salary with leave of absence.
Citation:	48 Cal.App.3d 156, 40 CCC 888
WCC Citation:	WCC 26901975 CA

Case Name:	Government Code 31720.7 - Blood Borne Disease		12/27/2001
Summary:	The disease so developing or manifesting itself in those cases shall in no case be attributed to any disease existing prior to that development or manifestation. (b) Any safety member, firefighter, county probation officer, or member active in law enforcement described in subdivision (a) permanently incapacitated for the performance of duty as a result of a blood-borne infectious disease shall receive a service-connected disability retirement. (c) The presumption described in subdivision (a) is rebuttable by other evidence. Unless so rebutted, the board is bound to find in accordance with the presumption. (d) -Blood-borne infectious disease,-for purposes of this section, means a disease caused by exposure to pathogenic microorganisms that are present in human blood that can cause disease in humans, including, but not limited to, those pathogenic microorganisms defined as blood-borne pathogens by the Department of Industrial Relations.
Note:	Presumption of industrial causation of blood-borne infectious disease.
Citation:	Gov Code 31720.7
WCC Citation:	WCC 28302001 CA