Case Name:	Newlands v. WCAB		07/16/2008
Summary:	Filed 7/16/08 Newlands v. WCAB CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8. 1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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). IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- JOAN NEWLANDS, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and MARRIOTT VACATION INTERNATIONAL, Respondents. C057437 (W. C. A. B. No. SAC 0322261) The Workers' Compensation Appeals Board (Board) denied the motion for reconsideration of Joan Newlands (employee) without elaboration and adopted the decision of its hearing officer. and thus is not suitable for any specific kind of employment and this again is a permanent work restriction. "On intake, Dr. Sullivan believed the employee had signs of bilateral complex regional pain syndrome.
Note:	[Unpublished] Compensation practice and jurisprudence both acknowledge a status of permanent disability that precedes the point when it is 'permanent and stationary.'
Citation:	C057437
WCC Citation:	WCC 33992008 CA

Case Name:	Newlands v. WCAB (Marriott Vacation International)		07/16/2008
Summary:	NEWLANDS v. WORKERS' COMPENSATION APPEALS BOARD JOAN NEWLANDS, Petitioner, v. Workers' Compensation Appeals Board and MARRIOTT VACATION INTERNATIONAL, Respondents. The Workers' Compensation Appeals Board (Board) denied the motion for reconsideration of Joan Newlands (employee) without elaboration and adopted the decision of its hearing officer. and thus is not suitable for any specific kind of employment and this again is a permanent work restriction. "On intake, Dr. Sullivan believed the employee had signs of bilateral complex regional pain syndrome. SCIF noted the issue without resolving it because the report lacked any indication of permanent disability other than in a stray reference.
Note:	The California Supreme Court will not review a panel decision stating that an applicant has not been temporarily totally disabled since 2005.
Citation:	C057437
WCC Citation:	WCC 37712008 CA

Case Name:	Newton v. WCAB		07/14/1993
Summary:	RICHARD M. NEWTON, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and CAL-WOOD DOOR/WEYERHAEUSER CLAIMS, Respondents. Background Applicant sustained an industrial injury to his back on March 10, 1987, while working for employer as a production woodworker. Without explanation, applicant alleged that his 'psychiatric difficulties were direct result of his earlier industrial' experiences and his participation in VR. The Board held that applicant's claim for psychiatric injury was untimely under sections 5410 and 5804 and therefore barred by the statute of limitations. Here, the record is silent regarding whether employer voluntarily provided any benefits in connection with the alleged psychiatric injury.
Note:	Psychiatric injury 5 yrs.+ after original back injury not barred by statute of limitations.
Citation:	17 Cal.App.4th 147
WCC Citation:	WCC 26661993 CA

Case Name:	NFLPA (Matthews) v. Titans		01/05/2011
Summary:	In response, the National Football League Players Association (NFLPA or Plaintiff) brought suit on behalf of itself and Matthews to vacate the arbitration award. Presently before the Court is Defendants National Football League Management Council (NLFMC) and Tennessee Titans' (collectively Defendants) motion to confirm arbitration award (Doc. During his NFL career, Matthews was employed by the Houston Oilers and its successor in interest, the Tennessee Titans. This ran contrary to the CBA and Matthews' contract with the Titans, and the Titans and the NFLMC filed a grievance against Matthews for "improper[ly] filing and pursuing claims . At issue was whether Matthews violated his player contract with the Titans by "filing a claim for workers' compensation benefits in California and requesting that the claim be processed under California law. "
Note:	Tennessee law should be applied to a football player's California claim, the U.S. District Court for the Southern District of California ruled.
Citation:	10CV1671
WCC Citation:	WCC 37022011 CA

Case Name:	Nickelsberg v. WCAB		08/30/1991
Summary:	We granted review to determine whether a workers' compensation judge had jurisdiction to award petitioner Dieter Nickelsberg (Nickelsberg) temporary total disability indemnity more than five years after the date of his original injury. We conclude, as did the Workers' Compensation Appeals Board (WCAB) and the Court of Appeal, that the workers' compensation judge lacked jurisdiction to award temporary total disability indemnity to Nickelsberg. However, because the WCAB determined that the workers' compensation judge erred in granting Nickelsberg further temporary total disability, it decided to grant reconsideration on its own motion. The WCAB Correctly Determined That the Workers' Compensation Judge Lacked Jurisdiction Under Section 5804 The first theory under which Nickelsberg might be able to recover on his claim for temporary total disability is if the WCAB had jurisdiction to amend his original award. Also, as observed by the Court of Appeal, the WCAB did not reserve jurisdiction to award Nickelsberg further temporary total disability.
Note:	WCJ lacked jurisdiction to award temporary total disability.
Citation:	54 Cal.3d 288
WCC Citation:	WCC 26401991 CA

Case Name:	Nicky Blair's Restaurant v. WCAB		08/29/1980
Summary:	NICKY BLAIR'S RESTAURANT et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and JUAN J. MACIAS, Respondents. The circumferential hypesthesia he has does not follow any root or dermatome distribution and is not from an organic standpoint. In other words, Dr. Patzakis apparently would have concurred in Dr. Rose's 1975 permanent disability evaluation, had he been asked. [¶] There is no question that applicant is more disabled than indicated by the previous permanent disability rating he received. (1962) 205 Cal. App. 2d 275, 277-278 [23 Cal. Rptr. 147]; Clark v. W. C. A. B. (1980) 45 Cal. Comp. Cases 499. )
Note:	Certain allegations in doctor's report are not 'good cause' to reopen a case.
Citation:	109 Cal.App.3d 941
WCC Citation:	WCC 26441980 CA

Case Name:	Niedle v. WCAB		02/27/2001
Summary:	ANTONETTE NIEDLE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, STATE OF CALIFORNIA; LA SALSA HOLDING COMPANY et al. , Respondents. FACTUAL AND PROCEDURAL SUMMARY Antonette Niedle sustained a work-related injury while employed by La Salsa Holding Company (LSHC). The parties agreed on a vocational rehabilitation plan for Niedle to complete the course units necessary for a teaching credential. Niedle appealed the decision of the Rehabilitation Unit to the WCJ contending the statute violated her constitutional right to travel. Niedle contends that the statute violates her constitutional right to travel, thereby requiring strict scrutiny.
Note:	Cost effective restrictions on out-of-state voc. rehab. plans do not violate const. right to travel.
Citation:	87 Cal.App.4th 283, 66 CCC 223
WCC Citation:	WCC 24432001 CA

Case Name:	Nielsen v. Stewart		07/24/2017
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 THIRD APPELLATE DISTRICT (San Joaquin) .             DANE E. NIELSEN, Plaintiff and Appellant, .             v. .             ADAM STEWART et al. , Defendants and Respondents. .             C082925 .             (Super. Ct. No. STK-CV-UF-2016-0004040) .             Plaintiff Dane Nielsen, representing himself in both the trial and appellate courts, appeals after the trial court sustained defendants’ demurrer on statute of limitations grounds and dismissed his legal malpractice case. BACKGROUND .             On April 26, 2016, Nielsen filed a complaint against defendants: law firm Moorad, Clark & Stewart (the law firm) and attorneys Adam Stewart and Albert Clark. .           We concur: .           /s/ Hull, Acting P. J.
Note:
Citation:	C082925
WCC Citation:	Super. Ct. No. STK-CV-UF-2016-0004040

Case Name:	Nielson Contracting v. Applied Underwriters		05/03/2018
Summary:	Filed 5/3/18 CERTIFIED FOR PUBLICATION  COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA .             NIELSEN CONTRACTING, INC. et al. , Plaintiffs and Respondents, .             v. .             APPLIED UNDERWRITERS, INC. et al. , Defendants and Appellants. .             D072393 .             (Super. Background .           In 2012, Applied Underwriters, Inc. (Applied) provided quotes to Nielsen for Applied's patented workers' compensation program known as "EquityComp. ".           The Request to Bind also required Nielsen to sign a separate agreement (the RPA) with another one of Applied's subsidiaries, Applied Underwriters Captive Risk Assurance Company, Inc. (AUCRA). .           The Insurance Commissioner also observed: .           "By its own admission [Applied] designed EquityComp and the RPA to circumvent workers' compensation policy.
Note:	A California appellate court ruled that a disgruntled EquityComp customer could not be compelled to arbitrate its fraud claims against the program providers, since the arbitration agreement the customer had signed was not enforceable.
Citation:	D072393
WCC Citation:	D072393

Case Name:	Nittel v. WCAB (San Jose Sharks)		06/22/2011
Summary:	Adam Nittel suffered numerous job-related injuries during his career as a professional hockey player for the San Jose Sharks. His case was tried and the workers' compensation judge (wcj) found Nittel sustained injury arising out of the course of his employment to various body parts. The wcj noted Nittel provided credible testimony as to his playing professional hockey in the National Hockey League as a right wing. Nittel argues, and the Sharks conceded during oral argument, that his contract with the Sharks was a "two-way" contract. The case is remanded to award Nittel compensation in accordance with the decision of the worker's compensation judge.
Note:	The Sharks failed to give Nittel Labor Code 4061 notice, which meant that the 1997 Permanent Disability Rating Schedule should apply to his claim.
Citation:	G044580
WCC Citation:	WCC 37762011 CA