Case Name:	Tiffany v. Smith		08/31/2012
Summary:	TIFFANY v. SMITH BARBARA TIFFANY, as Executor, etc. , Plaintiff and Respondent, v. DAVID JAMES SMITH et al. , Defendants and Appellants. Smith called Tiffany the day after Tiffany's surgery and asked whether Tiffany would be able to return to work that week. Thereafter, Smith called Tiffany and inquired as to whether he was available to fill in for a few days while Smith was on vacation. The fact that Tiffany could return to work after his injury (and termination) in 2008 was further supported by evidence that Smith asked Tiffany to fill in while Smith was on vacation and considered offering Tiffany part-time employment. Hamwey felt that Smith was discriminating against Tiffany because of the "circumstances that [Tiffany] had with his health event. "
Note:	Sufficient evidence supported a jury's determination that an affluent San Diego doctor had discriminated against a physician with a broken arm by terminating him and then claiming this was done for financial purposes.
Citation:	D058510
WCC Citation:	WCC 39292012 CA

Case Name:	Tiffin v. WCAB (New Idria Mining)		12/15/1972
Summary:	IRA M. TIFFIN, JR. , Petitioner v. WORKMEN'S COMPENSATION APPEALS BOARD OF THE STATE OF CALIFORNIA, NEW IDRIA MINING & CHEMICAL CO. , PACIFIC MUTUAL LIFE INS. Labor Code section 5500. 5 sets forth the statutory procedure for claims for occupational diseases arising from more than one employment. The compromise and release were approved by the referee two days later at a proceeding in which no testimony was taken. The referee extensively reviewed the numerous assertions made by petitioner and recommended that the petition for reconsideration be denied. We find that the record does not support petitioner's assertion that the procedure set forth in section 5500. 5 is oppressive and causes employee settlements.
Note:	Requirement on WCAB to make proper service may be waived by applicant.
Citation:	38 CCC 53
WCC Citation:	WCC 27831972 CA

Case Name:	Tilbury Constructors, Inc. v. State Compensation Ins. Fund		03/07/2006
Summary:	Tilbury alleged that State Fund failed to take any steps to determine that the Occupational Safety and Health Appeals Board had deleted the accident-related determination in the citation issued against Tilbury. Tilbury alleges that State Fund has sought to obtain a credit against its obligations to pay Alfrey's benefits based on the $1. 2 million settlement. In that application for credit, State Fund has taken the position that there was no finding that Tilbury had any fault in the accident. Tilbury further alleges that State Fund failed to provide it with documentation of its subrogation handling for three months after Tilbury's request. *fn2 First, and most importantly, State Fund has not denied Tilbury any benefits due to Tilbury under the insurance policy.
Note:	Insurer's decision not to pursue its subrogation rights does not constitute a breach of contract or a breach of the duty of good faith and fair dealing.
Citation:	137 Cal. App. 4th 466
WCC Citation:	WCC 31462006 CA

Case Name:	Tilley v. CZ Master Ass'n		07/26/2005
Summary:	Tilley obtained worker's compensation benefits from BonaFide on account of his injuries, and sued CZ, along with several other individuals and entities he alleged were responsible for the incident. 4 He resolved his claims against all named defendants other than CZ. In a word, CZ Master Association originally retained BonaFide to man the gates and provide courtesy patrols, not perform law enforcement functions. "IV In addition to determining CZ had no liability to Tilley under the peculiar risk doctrine, we also conclude CZ owed Tilley no independent duty to restrict the parties thrown by its homeowners, or to control the number of non-residents allowed to attend those parties. While Tilley argues that CZ could have regulated parties through use of the CC&R provision prohibiting nuisance, that would not have been effective. Rather than disputing the evidence, Tilley incorrectly asserts the evidence "pre-date[s] the 1997 and 1998 assaults on Mr. Tilley at the [S. ] residence. "
Note:	Party not liable for injuries of independent contractor if its authority does not affirmatively contribute to the injuries.
Citation:	131 Cal.App.4th 464
WCC Citation:	WCC 31102005 CA

Case Name:	Tipler v. City of Palmdale		03/03/2009
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO ELGIN TIPLER, Plaintiff and Appellant, v. CITY OF PALMDALE, Defendant and Respondent. Appellant Elgin Tipler sued respondent City of Palmdale (the City), alleging causes of action related to his departure from employment with the City. FACTUAL AND PROCEDURAL SUMMARY The City's city manager sent Tipler a letter dated August 5, 2002, notifying him that his employment with the City was terminated effective immediately. The City demurred to the complaint on the ground, inter alia, that Tipler was required, but failed, to allege that he had filed the statutorily required government claim (see § 905) with the City. The City again demurred to the first amended complaint on the ground that Tipler had failed to allege compliance with the requirement that he file a government claim with the City.
Note:	A worker failed to show that his open claim tolled the statute of limitations for his future tort action.
Citation:	B205862
WCC Citation:	WCC 35022009 CA

Case Name:	Tomlin v. WCAB		05/16/2008
Summary:	We granted Officer Tomlin's petition for a writ of review, and we now annul the WCAB's decision denying Officer Tomlin benefits. In addition, Officer Tomlin is an instructor in defense tactics, both for SWAT and for other BHPD police officers. Officer Tomlin otherwise maintains his physical fitness by running, bicycle riding, and weight lifting with other SWAT team members outside of work. The injury required surgery and kept Officer Tomlin out of work until March 16, 2006, when he was able to resume work with modified duties. The issue is not whether Officer Tomlin enjoyed running, or whether Officer Tomlin would be covered by workers' compensation if he had been injured while running solely for pleasure.
Note:	Claimant was required by his employer to maintain physical fitness and pass annual, mandatory physical fitness tests. He was injured when he slipped on a sidewalk while on a three-mile training run for his employer-mandated physical fitness test. Under the facts of this case, claimant's injury is compensable pursuant to section 3600, subdivision (a)(9).
Citation:	B199429
WCC Citation:	WCC 33612008 CA

Case Name:	Toohey v. WCAB		05/04/1973
Summary:	No. 40762 May 4, 1973 THOMAS R. TOOHEY, SR. , PETITIONER, v. WORKMEN'S COMPENSATION APPEALS BOARD AND PABST BREWING COMPANY, RESPONDENTS Brundage & Roseman and Harvey Reichard for Petitioner. On the date of his injury, petitioner was employed by the Pabst Brewing Company. He prepared the bulletin which stated: "Any employee leaving his job during working hours must obtain permission from his supervisor. The consideration that apparently concerned the board is that Toohey left the premises and incurred a type of risk that was not inherent in his work as a bottler. In the present case, the evidence is that the acts of Toohey, although not encouraged, would be tolerated.
Note:	Because act of leaving for lunch was tolerated, injury while off premises is compensable.
Citation:	32 Cal. App. 3d 98
WCC Citation:	WCC 30551973 CA

Case Name:	Torres vs. Parkhouse Tire Service		08/30/2001
Summary:	MANUEL TORRES et al. , Plaintiffs and Appellants, v. PARKHOUSE TIRE SERVICE, INC. , et al. , Defendants and Respondents. Manuel Torres worked for Parkhouse Tire Service, Inc. (Parkhouse), repairing and installing tires. Roy Naas, a sales representative for Parkhouse, approached Torres from behind while he was on his knees working on a tire. 2 Suffering a back injury, Torres did not return to work for Parkhouse. Torres and his wife (plaintiffs) sued Parkhouse and Naas seeking damages for personal injury and loss of consortium.
Note:	In civil action against another employee, injured worker must prove intent to injure.
Citation:	26 Cal.4th 995
WCC Citation:	WCC 28202001 CA

Case Name:	Torretta v. Naltsas		09/15/2010
Summary:	Plaintiff and appellant John L. Torretta (Torretta) appeals from a judgment entered following the trial court's order granting the motion of summary judgment filed by defendant and respondent Steven Naltsas, M. D. (Naltsas). Torretta was referred to Naltsas by Dr. Rocco Fussello, his primary care physician, for treatment of his psoriasis. From 2005 through 2006, Naltsas tried several medications to treat Torretta's psoriasis, but Torretta continued to suffer psoriasis flare-ups. B. Torretta Injures His Hip at Work On February 14, 2007, Torretta, a finish carpenter, was working for CBS Studios (CBS) in its production shop. Specifically, Naltsas claimed that Torretta was aware of the possible link between his avascular necrosis and the steroid injections given by Naltsas by May 2007, when Torretta saw Dr. Fell.
Note:	A one-year statute of limitations barred a carpenter's suit against his private treating dermatologist, because he waited too long to file the suit after his workers' compensation physicians told him that his corticosteroid injections caused his severe hip condition, the 2nd District Court of Appeal ruled.
Citation:	B219421
WCC Citation:	WCC 36682010 CA

Case Name:	Transactron, Inc. v. WCAB (Spears)		03/18/1977
Summary:	The women's rest room was located near the end of the passageway extending from the lobby in a work area confined to employees. The door to the rest room was marked, but from the lobby would appear to a person as just another door. The corridor leading to the rest room was private and would not ordinarily be used by uninvited persons. (1960) 25 Cal. Comp. Cases 194, and Howard v. W. C. A. B. (1966) 31 Cal. Comp. Cases 358. Cases 194; Howard v. W. C. A. B. , supra, 31 Cal. Comp. Cases 358; Morgan v. W. C. A. B. (1971) 36 Cal. Comp. Cases 325; Madin v. Industrial Acc.
Note:	The role of employment in an act of violence is inconsequential when it merely provides a place where the assailant can find the victim.
Citation:	68 Cal.App.3d 233
WCC Citation:	WCC 31171977 CA