Case Name:	Kaplan v. Reiner		09/16/2010
Summary:	Kaplan works with the law firm of Graiwer & Kaplan. On September 18, 2009, Kaplan filed a motion for a harassment restraining order ( 527. 6) against Reiner, who was then the opposing counsel on a case. Reiner and a process server barged into the office of Kaplan's husband, attorney Gary Kaplan, who was on the telephone with a client at the time. Reiner then explained that an employee of Kaplan's firm held the door to the offices open for Reiner and the process server to enter. At the hearing on the petition for restraining order, Reiner called Kaplan as a hostile witness.
Note:	The California 2nd District Court of Appeals last week upheld a restraining order filed against a defense attorney who allegedly barged into the inner offices of a Los Angeles applicants' law firm and threw subpoenas onto the desks of two opposing attorneys.
Citation:	B220426
WCC Citation:	WCC 36692010 CA

Case Name:	Karaiskos vs. Metagenics		07/27/2004
Summary:	In that decision, the Court held that the Employment Development Department's (EDD's) lien is an obligation to a state because the EDD is a department of the State of California. Hence, its lien claim is not "covered claim" that CIGA is required to pay. The Court reversed the Appeals Board's decision of July 15, 2002 and remanded the matter here for further proceedings in accordance with the Court's opinion. The California Insurance Guarantee Association is not required to make payment to the Employment Development Department. "WORKERS' COMPENSATION APPEALS BOARD (EN BANC) MERLE C. RABINE, Chairman WILLIAM K. O'BRIEN, Commissioner JAMES C. CUNEO, Commissioner FRANK M. BRASS, Commissioner JANICE J. MURRAY, Commissioner RONNIE G. CAPLANE, Commissioner DATED AND FILED IN SAN FRANCISCO, CALIFORNIA July 27, 2004 ---------------------------- FOOTNOTES .
Note:	Board on Remittitur from Appellate Court holds CIGA exempt from EDD lien.
Citation:	68 CCC 772; En Banc
WCC Citation:	WCC 30162004 CA

Case Name:	Karaiskos vs. Metagenics, etc., et. al.		07/15/2002
Summary:	In Karaiskos v. Metagenics, Inc. (AHM 0070712), the applicant's claim was settled by Compromise and Release (C&R) with the carrier left to litigate EDD's lien. On March 13, 2001, the WCJ found in relevant part that CIGA may be required to make payment to the EDD. As argued by the [EDD], this is actually money that is reimbursed into the account held by a particular applicant. As in Karaiskos, it was subsequently determined that an en banc decision would be appropriate, and the parties were provided an opportunity to file supplemental briefs. As noted in the Karaiskos case, Cal Comp was declared insolvent on September 26, 2000, and CIGA became responsible for its covered claims.
Note:	EDD unemployment compensation disability liens are
Citation:	67 CCC (2002) (En Banc)
WCC Citation:	WCC 28692002 CA

Case Name:	Katzin v. WCAB		04/16/1992
Summary:	Katzin had sought reconsideration of an order by the workers' compensation judge (WCJ) that Katzin pay approximately $15,400 in medical-legal expenses incurred by applicant, Janee Guerra. She later filed and served on Katzin an amended application alleging that Katzin was the employer and that he did business as Professional Designers. Although the letter lists Katzin as a party being served with a copy of the letter, Katzin asserts in his verified petition for writ of review that the reports were not served on him. Katzin states his reason for not appearing at the trial was his mistaken belief that UEF would represent his interests. The WCJ concluded Katzin had adequate notice regarding the content of those reports, however, because one of the defense medical reports served on Katzin by UEF extensively reviewed applicant's medical evidence.
Note:	Employer denied due process b/c no notice of applicant's other industrial injuries.
Citation:	5 Cal.App.4th 703,57 CCC 230
WCC Citation:	WCC 26321992 CA

Case Name:	Keeler v. AIG Domestic Claims		12/19/2011
Summary:	KAREN KEELER et al. , Plaintiffs and Respondents, v. AIG DOMESTIC CLAIMS, INC. , et al. , Defendants and Respondents; GARY JANICH et al. , Objectors and Appellants. INTRODUCTION Karen Keeler brought a class action lawsuit against AIG Domestic Claims, Inc. , and other related companies, on behalf of AIG workers' compensation insurance claims adjusters. FACTUAL AND PROCEDURAL BACKGROUND In August 2008, Karen Keeler filed a class action complaint against AIG Domestic Claims, Inc. , AIG Insurance Company, AIG Claims Services, Inc. , AIG Claims Services, and AIG Corporation (collectively AIG). Keeler was a workers' compensation insurance claims adjuster for AIG. The notice further specified that the release would apply to claims, known or unknown, based on the claims alleged in the complaint, including FLSA claims.
Note:	A Los Angeles trial court did not err when it approved a $1.4 million class action wage-and-hour settlement between AIG and its former adjusters.
Citation:	B226691
WCC Citation:	WCC 38342011 CA

Case Name:	Kelley v. Conco Companies et al.		06/06/2011
Summary:	KELLEY v. CONCO COMPANIES PATRICK C. KELLEY, Plaintiff and Appellant, v. THE CONCO COMPANIES et al. , Defendants and Respondents. CERTIFIED FOR PUBLICATION BRUINIERS, J. Patrick Kelley was an apprentice ironworker employed by respondent The Conco Companies (Conco). To get work, Kelley would contact companies such as Conco directly and, once hired, he would inform the union and obtain a dispatch slip. Rather, Conco discharged Kelley because he had been suspended by the union and Kelley has not produced evidence that would support an inference that Conco contributed to the union's decision to suspend Kelley. Kelley testified that a coworker had expressed concern to Kelley about the incident and Kelley saw that coworker talk to Gallegos before Gallegos spoke to Kelley.
Note:	An employer can be liable under the Fair Employment and Housing Act for coworkers' retaliatory conduct toward an employee who complained about what he believed was same-sex sexual harassment, California's 1st District Court of Appeal concluded.
Citation:	A126865
WCC Citation:	WCC 37692011 CA

Case Name:	Kelly v. County of Los Angeles		07/26/2006
Summary:	Kelly's Employment with the County of Los Angeles Consta Kelly began working as a licensed vocational nurse (LVN) for the Rancho Los Amigos Medical Center (RLAMC), a Los Angeles County hospital, in 1979 and concurrently became a member of the Los Angeles County Employees Retirement Association (LACERA). The plan was silent as to whether the objective was to retrain Kelly for placement in another position with Los Angeles County or in private employment. Kelly's and Los Angeles County's Petitions for Writ of Mandate Seeking to Compel LACERA to Find Kelly Permanently Disabled Both Kelly and Los Angeles County filed petitions for writ of mandate in the trial court pursuant to Code of Civil Procedure section 1085 seeking to compel LACERA to reverse its ruling and find Kelly eligible for a disability retirement. Neither Kelly nor Los Angeles County appealed from the judgment. To be sure, the written vocational rehabilitation plan agreed to by RLAMC and Kelly is silent as to whether the plan's objective includes retraining Kelly for placement in a position with Los Angeles County.
Note:	That the employee lacked employment-related income following the cessation of her vocational rehabilitation benefits was due to her own inaction, rather than the result of a termination.
Citation:	141 Cal.App.4th 910
WCC Citation:	WCC 31712006 CA

Case Name:	Kemps v. Beshwate		12/30/2009
Summary:	Facts and Procedural History Defendant and respondent Richard A. Beshwate represented a defendant, Timothy Young, in a multiple-murder case in Tulare County. Kemps is the owner of Sierra Valley Medico, Inc. , apparently a company providing medical examinations in workers' compensation cases. Respondents contend, in essence, that they thought Kemps was the office manager for Dr. Heller, that various of them spoke to Kemps prior to the trial, and that Weber served her with a trial subpoena. The parties agree, however, that when Kemps failed to appear to testify, Beshwate applied for and obtained a warrant for her arrest. Kemps opposed the motion, contending that respondents' conduct was not protected activity because it was unlawful as a matter of law.
Note:	The absolute privilege from tort liability, except for claims of malicious prosecution, established by Civil Code section 47, subdivision (b), applies to statements made to the authorities in order to obtain the arrest of a person, even where that person has no connection whatsoever to any pending litigation.
Citation:	F056377
WCC Citation:	WCC 35882009 CA

Case Name:	Kenai Drilling, etc. v. WCAB		04/20/1998
Summary:	Kenai Drilling, National Union Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Harold Vastbinder, Respondents. Applicant was injured while working for Defendant Kenai Drilling Co. on November 7, 1992. Findings & Award issued on December 11, 1995, ruling that Applicant was entitled to Temporary Disability from February 23, 1994 to February 8, 1995. Applicant claimed that VRMA payments were due at the Temporary Total Disability rate following Defendant's delay pursuant to LC 4642. WCAB granted Applicant's Petition for Reconsideration, but denied Defendant's Petition.
Note:	Employer liable for retroactive maintenance allowance when they failed to given applicant notice of right to rehab.; duty extends to employers despite applicant's representation by attorney.
Citation:	63 CCC 643
WCC Citation:	WCC 27981998 CA

Case Name:	Kennedy v. MUFG Union Bank		01/15/2020
Summary:	.             E070775 .             (Super. Ct. No. CIVDS1615472) .             OPINION .             APPEAL from the Superior Court of San Bernardino County. INTRODUCTION .           Plaintiff and appellant, Denise Kennedy,filed a civil action against defendants and respondents, MUFG Union Bank (Union Bank) and Vicki Gomez (collectively, defendants), which alleged various claims arising out of her former employment with Union Bank. While on disability leave, her position was eliminated as part of a regionwide restructuring by Union Bank. Plaintiff alleged she was an African-American woman who had been employed as a customer service manager for Union Bank for over 14 years. She stated that it was her understanding that she remained an employee of Union Bank until the time of her resignation.
Note:	A California appellate court upheld the dismissal of a bank employee’s claims for disability discrimination, finding her voluntary resignation as part of a workers’ compensation settlement precluded any claim of wrongful termination.
Citation:	No. E070775
WCC Citation:	No. E070775