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Case Name Barba v. Wal-Mart Transportation
Date 03/01/2010
Note [Unpublished] An employer's action for reimbursement against a third party tortfeasor is limited to recovery for damages proximately caused by the injury.
Citation B213376
WCC Citation WCC 36052010 CA
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN ROBERT JOSEPH BARBA, SR. , Plaintiff and Respondent, v. WAL-MART TRANSPORTATION, LLC, et al. , Defendants and Appellants. After several weeks of physical therapy and follow-up visits with Dr. Tuazon, he referred Barba to Dr. Bruce Brown. Dr. Brown recommended Barba continue physical therapy and taking his medication and cleared Barba to return to work, but restricted to light duty. After more physical therapy Barba was returned to full duty in late 2005 even though, according to Barba, he was still in pain in his "back area," again defined by Barba to include his shoulder. *fn5 Dr. Sohn, who examined Barba on February 7, 2007, concluded Barba's shoulder injury had been caused by the accident.

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