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Case Law Library

Case Name: 21st Century Insurance Company v. The Superior Court Of San Diego County 08/24/2009
Note: In cases like this, where the insured does not dispute that the settlement adequately compensated her damages, a pro rata apportionment requires the insurer to account for its fair share of the attorney fees by reducing the amount of reimbursement to cover some portion of those fees.
Citation: S154790
WCC Citation: WCC 35582009 CA
Case Name: 99 Cents Only Stores v. WCAB 05/03/2000
Note: Non-attorney not entitled to full attorney rate for depo fees; analysis same as attorney.
Citation: 80 Cal.App.4th 644, 65 CCC 456
WCC Citation: WCC 25602000 CA
Case Name: 99 Cents Only Stores v. WCAB 05/03/2000
Note: Non-attorney, hearing rep.'s fee of $163/hour deemed excessive.
Citation: 80 Cal.App.4th 644
WCC Citation: WCC 26002000 CA
Case Name: A.M. v. Albertsons, LLC. 10/15/2009
Note: Under the FEHA, the failure to accommodate and the failure to engage in the interactive process in determining a reasonable accommodation for a known physical disability are separate claims. Once a reasonable accommodation has been granted, the employer has a duty to provide that accommodation. Failure to do so, even on a single occasion, can support a cause of action for damages sustained by the failure as this is in line with the intent of the FEHA and the public policies behind the provision.
Citation: A122307
WCC Citation: WCC 35722009 CA
Case Name: Abdelrahim v. Guardsmark LLC 11/17/2009
Note: In regards to negligence claims. No civil action will stand where a claimant alleges facts that place the claim squarely within the purview of workers' compensation statutes, and fails to allege facts negating the exclusivity rule.
Citation: B207270
WCC Citation: WCC 35792009 CA
Case Name: Abney vs. Aera Energy; Liberty Mutual 12/08/2004
Note: 5814, as amended, applies to acts prior to effective date if adjudicated after.
Citation: 69 CCC (2004); En Banc
WCC Citation: WCC 30662004 CA
Case Name: Abraham vs. WCAB (City of Buena Park) 12/01/2003
Note: WCAB ruling on PERS disability issue does not alter limitation to bring action within 5 years from date of injury.
Citation: 113 Cal.App.4th 1082
WCC Citation: WCC 29592003 CA
Case Name: Abratte v. WCAB; Co. of Los Angeles 07/11/2000
Note: Public agencies subject to 132a; covers employment benefits.
Citation: 65 CCC 790-NOT PUBLISHED
WCC Citation: WCC 28132000 CA
Case Name: Ackerman v. Poway Unified School District 11/05/2009
Note: [Unpublished] The equitable tolling doctrine does not allow Plaintiff to forego a timely filing of a court action or other proceeding to seek formal redress of injury, within the statutory periods set by the Act.
Citation: D054529
WCC Citation: WCC 35752009 CA
Case Name: Acosta v. Sacramento County Employees' Retirement System 02/19/2010
Note: A public health aide is not entitled to service-connected disability benefits because she has not reached maximum medical improvement.
Citation: C061089
WCC Citation: WCC 35992010 CA
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