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Case Law Library - CA

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  • Case name:
    Facundo-Guerrero v. WCAB
    Date:
    06/02/2008
    Note:
    There is nothing unconstitutional about Labor Code section 4604.5(d). The Legislature has legal authority to enact a law limiting petitioner's right to receive chiropractic treatment.
    Citation:
    A119814
    WCC citation:
    WCC 33772008 CA
  • Case name:
    Faigin v. Signature Group Holdings, Inc.
    Date:
    12/05/2012
    Note:
    Fremont General's former general counsel won a $1.35 million breach of employment contract suit against its successor, after an appellate court agreed that he was terminated without good cause.
    Citation:
    B224598
    WCC citation:
    WCC 39552012 CA
  • Case name:
    Fain v. WCAB
    Date:
    11/13/2008
    Note:
    The widow of a Fresno police detective was unable to prove that her husband's fatal brain cancer arose from his work.
    Citation:
    F056026
    WCC citation:
    WCC 34622008 CA
  • Case name:
    Farmer Bros. Coffee v. WCAB (Ruiz)
    Date:
    10/17/2005
    Note:
    Immigration status is irrelevant to the issue of liability.
    Citation:
    133 Cal. App. 4th 533; 35 Cal. Rptr. 3d 23
    WCC citation:
    WCC 31242005 CA
  • Case name:
    Farmers Ins. Exchange vs. WCAB (Sanchez)
    Date:
    12/19/2002
    Note:
    Only particular item of fraud barred; claimant still entitled to benefits; employer cannot take credit for restitution against benefits.
    Citation:
    104 Cal.App.4th 684
    WCC citation:
    WCC 28992002 CA
  • Case name:
    Farmer v. Lodi Memorial Hospital Assn. Inc.
    Date:
    10/24/2012
    Note:
    A former hospital worker's wrongful termination claim failed as a matter of law because she did not timely exhaust her administrative remedies, and she was an at-will employee.
    Citation:
    C068489
    WCC citation:
    WCC 39452012 CA
  • Case name:
    Farris vs. Industrial Wire et. al.
    Date:
    07/27/2000
    Note:
    5814 penalty applies to entire underlying species when failure / refusal to pay 4650 penalty.
    Citation:
    65 C.C.C. 824 WCAB En Banc Decision, 65 CCC 824
    WCC citation:
    WCC 3592000 CA
  • Case name:
    Faust v. California Portland Cement Company
    Date:
    05/10/2007
    Note:
    Employee provided sufficient information to the employer to advise it of his need for leave pursuant to the CFRA, and that the employer did not give notice to employee of his right to leave under the CFRA, leading to the reversal of a decision in favor of the employer.
    Citation:
    150 Cal. App. 4th 864
    WCC citation:
    WCC 32232007 CA
  • Case name:
    Faust vs. City of San Diego
    Date:
    12/11/2003
    Note:
    Burden of proof in presumptive cancer cases.
    Citation:
    68 CCC (2003)
    WCC citation:
    WCC 29622003 CA
  • Case name:
    Federal Mogul v. WCAB
    Date:
    09/27/1973
    Note:
    Official Medical Fee Schedule does not apply to self-procured treatment.
    Citation:
    38 CCC 584 (Writ Denied)
    WCC citation:
    WCC 28791973 CA
  • Case name:
    Fenn vs. WCAB
    Date:
    04/21/2003
    Note:
    Because actual work necessary to earn FLSA premium, time off due to work injury not count towards benefit rate.
    Citation:
    107 Cal.App.4th 1292
    WCC citation:
    WCC 29282003 CA
  • Case name:
    Ferguson v. WCAB
    Date:
    04/13/1995
    Note:
    Increase per 4553 applies to entire award, not just indemnity.
    Citation:
    33 Cal.App.4th 1613, 60 CCC 275
    WCC citation:
    WCC 24091995 CA
  • Case name:
    Fermer v. Searles Valley Minerals, Inc.
    Date:
    09/03/2010
    Note:
    A former mining worker created a triable issue of fact about whether his employer terminated him because of depression resulting from his boss'
    Citation:
    E048827
    WCC citation:
    WCC 36632010 CA
  • Case name:
    Fernandez vs. Lawson
    Date:
    05/13/2002
    Note:
    Reliance on license status of contractor under LC 2750.5 is factual issue for trial.
    Citation:
    98 Cal.App.4th 388
    WCC citation:
    WCC 28502002 CA
  • Case name:
    Ferreira v. Homeport Insurance Co,
    Date:
    07/23/2012
    Note:
    A California appellate court ruled that the widow of a longshoreman who had failed to finalize a tentative agreement with his employer's insurance carrier for his industrial injury before his death could not sue the carrier for breaching the terms of the proposed agreement or for her emotional distress arising from the carrier's refusal to honor its terms.The court also said that the carrier could not sue the worker's estate for a lien on a recovery in any action against a third-party for the worker's industrial accident.
    Citation:
    A129546
    WCC citation:
    WCC 39152012 CA
  • Case name:
    Fidelity & Cas. Co. of NY v. WCAB (Harris)
    Date:
    03/31/1980
    Note:
    Board may take further evidence only on issue being reconsidered; must give notice, opportunity to present evidence to parties.WCAB decides if good cause exists per S. 5803 to rescind a C&R agreement.
    Citation:
    103 Cal.App.3d 1001, 45 CCC 381
    WCC citation:
    WCC 27391980 CA
  • Case name:
    Fidelity & Cas. Co. of NY v. WCAB (Ratzel)
    Date:
    07/05/1967
    Note:
    A parties recourse in objecting to rating is to cross-examine expert and rebuttal evidence.
    Citation:
    252 Cal.App.2d 327, 32 CCC 271
    WCC citation:
    WCC 25391967 CA
  • Case name:
    Fields v. State of California
    Date:
    09/20/2012
    Note:
    A prison cook killed in a car accident while driving to work after a doctor's appointment related to her workers' compensation claim was not within the scope of her employment at the time of her death.
    Citation:
    F063128
    WCC citation:
    WCC 39392012 CA
  • Case name:
    Fireman's Fund Indem. Co. v. Industrial Accident Comm'n
    Date:
    04/28/1932
    Note:
    Injury not compensable where employee is injured while picking up paycheck at place/ time within employees discretion
    Citation:
    123 Cal.App. 142
    WCC citation:
    WCC 30541932 CA
  • Case name:
    Fireman's Fund Insurance Co. v. WCAB
    Date:
    01/29/2010
    Note:
    Where the law is unsettled regarding CIGA's liability, a party negotiating with CIGA should ordinarily be entitled to rely on CIGA's reasoned evaluation of its own authority.
    Citation:
    C062019
    WCC citation:
    WCC 35952010 CA

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