Case Name:	P. v. Machesky		03/12/2010
Summary:	The court placed Machesky on five years' probation, conditioned on, among other things, she perform 400 hours of volunteer work. On May 18 the store's workers' compensation insurance carrier, Springfield Insurance Company (Springfield), began paying temporary total disability benefits to Machesky. While at Dodge's office, Machesky stated on a patient questionnaire that she had never suffered any prior work-related injuries. After the car accident, Machesky told emergency room doctors at Scripps Memorial Hospital that she had mild neck pain. In November 2001 Machesky experienced pain in the middle of her back while pushing carts and missed 12 days of work.
Note:	A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no other reasonably arguable appellate issue.
Citation:	D055509
WCC Citation:	WCC 36092010 CA

Case Name:	Pac. Employers Ins. Co. v. IAC		06/26/1959
Summary:	PACIFIC EMPLOYERS INSURANCE COMPANY (a Corporation), Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION and TOM L. STROER, Respondents. On July 29, 1957, Stroer, employed as a carpenter, sustained an admitted industrial injury to his back. The employer's insurance carrier, the petitioner, voluntarily furnished medical care, and paid compensation, until February 17, 1958. The commission awarded Stroer maximum temporary partial disability payments for the period February 17, 1958, through July 6, 1958. The insurance carrier does not complain of the finding that during the period in question the employee was temporarily partially disabled.
Note:	Where partial TD accounts for total wage loss then wages lost is only req. finding.
Citation:	52 Cal.2d 417
WCC Citation:	WCC 24981959 CA

Case Name:	Pac. Indem. Co. v. Industrial Accident Comm'n		06/08/1945
Summary:	19289, 19290 June 8, 1945 PACIFIC INDEMNITY COMPANY (A CORPORATION), PETITIONER, v. INDUSTRIAL ACCIDENT COMMISSION, SALOME VALLEZ ET AL. , RESPONDENTS. PROCEEDINGS to review orders of the Industrial Accident Commission awarding compensation for death. There was other evidence indicating that the fatal accident occurred somewhat later. I, § 196, p. 188; 27 Cal. Jur. § 90, p. 392; Larson v. Industrial Acc. The industrial nature of the Vallez boys' trip is significant only in that it brings this phase of the case within the rule of Western Pacific R. R. Co. v. Industrial Acc.
Note:	Evidence supports determination that was injury sustained in course and scope of employment.
Citation:	26 Cal. 2d 509
WCC Citation:	WCC 30491945 CA

Case Name:	Pacific Gas & Elec. Co. v. IAC		07/17/1961
Summary:	PACIFIC GAS AND ELECTRIC COMPANY, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, SALLY MARY DREW et al. , Respondents. OPINION DOOLING, J. Petitioner seeks review and the annulment of an award and decision made by the Industrial Accident Commission. The award was based on a finding that the employee's death was the result of the industrial injury 'combined with a non-industrial cancer. 'X-rays taken on February 23, 1958, revealed a fracture of the seventh dorsal vertebra of his thoracic spine. The succeeding article 4 deals exclusively with payments to be made to the dependents of employees following the employee's death.
Note:	4663 has no reference to benefits owed worker's dependents.
Citation:	56 Cal.2d 219
WCC Citation:	WCC 25531961 CA

Case Name:	Pacific Gas & Electric vs. WCAB (Bryan)		01/09/2004
Summary:	A101872 WCAB No. BAK 135832 Pacific Gas & Electric Company (PG&E) contends the Workers' Compensation Appeals Board (WCAB) erred when it awarded benefits to respondent Clifford Bryan for work-related psychiatric injury. As a "collector" he went to the homes of delinquent customers to either collect money or turn off the gas and electric service. Having concluded the WCAB improperly relied on certain factors when making its decision, we turn to the issue of prejudice. The case is remanded to the WCAB so it can reconsider the matter in light of this opinion. While we remand the case to the WCAB to so it can reconsider its decision, we state no opinion on what decision the WCAB should reach.
Note:	Financial status of business not an 'actual event' of employment.
Citation:	114 Cal.App.4th 1174
WCC Citation:	WCC 29652004 CA

Case Name:	Painter v. WCAB		03/27/1985
Summary:	OPINION SONENSHINE, J. Donna B. Painter has petitioned for a writ of review after the Workers' Compensation Appeals Board (WCAB) denied her petition for reconsideration. Painter filed a petition for reconsideration before the WCAB, contending the judge erred by relying exclusively on the conclusions of Dr. Schwartz. Due to illness, the trial judge did not prepare a report on reconsideration for use by the WCAB. [1] Section 5908. 5 requires the WCAB decision to 'state the evidence relied upon and specify in detail the reasons for the decision. 'The WCAB also argues lack of compliance with section 5908. 5 resulted in no prejudice because Painter is aware of the evidentiary basis for the board's decision.
Note:	Board fails to 'state evidence relied upon/reasons for decision' by simply incorporating original decision; review not appropriate.
Citation:	166 Cal.App.3d 264
WCC Citation:	WCC 26971985 CA

Case Name:	Palestini v. General Dynamics Corp.		06/07/2002
Summary:	LOUIE PALESTINI et al. , Plaintiffs and Appellants, v. GENERAL DYNAMICS CORPORATION et al. , Defendants and Respondents. Luce, Forward, Hamilton & Scripps, Charles A. Bird and Timothy R. Pestotnik for Defendant and Respondent General Dynamics Corporation. 3 From March 1982 to June 1992, Louie Palestini worked as a plastics fabricator, group leadman, and supervisor at General Dynamics's manufacturing plants in San Diego. Hughes, joined by General Dynamics, filed a general demurrer to the section 3602(b)(2) cause of action on the ground it was barred by the exclusive remedy provisions of the Workers' Compensation Act (§ 3200 et seq. ). The amended complaint alleges that Louie Palestini was employed by General Dynamics through June 1992, and was employed by Hughes through January 1994.
Note:	Facts sufficiently pled in complaint to allege fraudulent concealment exception to exclusive remedy.
Citation:	99 Cal.App.4th 80
WCC Citation:	WCC 28592002 CA

Case Name:	Palm Medical Group, Inc. v. State Compensation Insurance Fund		03/25/2008
Summary:	CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE PALM MEDICAL GROUP, INC. , Plaintiff and Appellant, v. STATE COMPENSATION INSURANCE FUND, Defendant and Appellant. Ct. No. 421984) Palm Medical Group, Inc. (Palm), an occupational medical clinic located in Fresno, was denied admission into the preferred provider network (PPN) operated by State Compensation Insurance Fund (SCIF), a California public enterprise fund operating throughout the state as a nonprofit workers' compensation insurer. SCIF is the largest workers' compensation insurance carrier in the State of California. [¶] (b) State Compensation Insurance Fund's reasons for rejection of Palm Medical Group's application for admission to the Preferred Provider Network were arbitrary and unreasonable?"The jury answered "no" to subparagraph (a) and "yes" to subparagraph (b), and was directed to question number three which read, "Do you find by a preponderance of the evidence that if fair procedures had been provided by State Compensation Insurance Fund in connection with Palm Medical Group's 2001-2002 application for admission to State Compensation Insurance Fund's Preferred Provider Network, that Palm Medical Group should have been admitted into the Preferred Provider Network?"
Note:	Defendant 'possessed power so substantial over the market for the treatment of occupational injuries in the Fresno area in 2001-2002 that the failure to admit an ordinary, competent medical provider to its PPN would significantly impair that provider's ability to practice occupational medicine in the Fresno area and, so, Defendant owed Plaintiff a duty of fair procedure in acting on its application to the PPN.
Citation:	A114651
WCC Citation:	WCC 33302008 CA

Case Name:	Palmer v. BNSF Railway Co.		09/30/2010
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) No. C057964 September 30, 2010 SHAWN M. PALMER, PLAINTIFF AND APPELLANT, v. BNSF RAILWAY COMPANY, DEFENDANT AND RESPONDENT. Plaintiff Shawn M. Palmer, a railroad switchman, was injured as he climbed down from a tanker car while wearing a device used to remotely control locomotives. He sued his employer, defendant BNSF Railway Company, for personal injury under the Federal Employers' Liability Act (FELA), 45 U. S. C. § 51 et seq. However, the court also found that a "cause of action for negligence under the FELA is preempted by the [FRSA]. This appeal presents questions of law involving the interplay between federal statutes, and we review the granting of summary judgment de novo.
Note:	The Federal Railroad Safety Act did not bar a railroad switchman's Federal Employer's Liability Act suit.
Citation:	C057964
WCC Citation:	WCC 36742010 CA

Case Name:	Palmer v. WCAB		06/23/1987
Summary:	WALLACE EARL PALMER, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and ALUMINUM COMPANY OF AMERICA, Respondents (Opinion by Woods, P. J. , with Kingsley and McClosky, JJ. , concurring. )In the application, '9/24/48 - 11/11/78' was typed in a blank space below which were the words '(Date of Injury). 'In his November 29, 1978, report, Dr. Urabec stated that 'Robert Palmer' complained of slight irritation due to industrial smoke exposure and occasional wheezing due to industrial steam exposure. On August 15, 1984, applicant filed a petition to reopen pursuant to sections 5410, 5803, and 5804. The WCJ concluded, however, that in the interest of justice each party should be allowed the opportunity to establish the legal date of injury.
Note:	Case remanded to determine when applicant knew or should have known disability was work-related.
Citation:	192 Cal.App.3d 1241
WCC Citation:	WCC 25331987 CA