Case Name:	Bock v. City of Healdsburg		05/30/2012
Summary:	* Appellant Lorie Bock sued her former employer, respondent City of Healdsburg (Healdsburg or City), alleging that she suffered various forms of discrimination while employed as a meter reader. Bradbury, in turn, reported to City finance director Tamera Haas, who herself reported to City manager Chester Wystepek. City manager Wystepek likewise testified that he was not aware of any problems that appellant had with her feet. (m)), appellant was required to prove, among other things, that "the City of Healdsburg thought that Lorie Bock had a physical condition that limited her ability to walk and/or her ability to work," or that "the City of Healdsburg knew that Lorie Bock had a physical condition that limited her ability to walk and/or her ability to work. (n)), appellant was required to prove, among other things, that appellant had a physical condition "that was known to the City of Healdsburg.
Note:	A Northern California trial judge did not err in instructing the jury on a meter reader's disability discrimination claims, a state appellate court ruled, upholding a jury's determination that the worker's complaints about her aching feet were insufficient to give her employer notice of her disabling medical condition and give rise to a duty to accommodate her.
Citation:	A132200
WCC Citation:	WCC 39012012 CA

Case Name:	Boehm & Assoc vs. WCAB		04/25/2003
Summary:	BOEHM & ASSOCIATES, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD AND INTERNATIONAL UNION OF HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES et al. , Respondents. OPINION HULL, J. - Petitioner Boehm & Associates seeks review of a decision by the Workers' Compensation Appeals Board (Board) restricting or denying recovery on several medical lien claims. The lien claim lists Boehm & Associates as the attorneys for MRCH. Nevertheless, Boehm & Associates filed the instant petition for review in its own name, on behalf of the medical providers. Because the uninsured employer denied industrial causation, the employee was forced to seek payment of medical expenses through Medi-Cal.
Note:	While W&I Code 14124.70 et seq. applies generally to WC liens, it does not apply where the settlement did not include consideration of existing lien claims.
Citation:	108 Cal.App.4th 137
WCC Citation:	WCC 29292003 CA

Case Name:	Bolanos v. Priority Business Services Part 1/2		03/09/2018
Summary:	This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115(a).   IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR .             RENE BOLANOS, Plaintiff and Respondent, .             v. .             PRIORITY BUSINESS SERVICES, INC. , Defendant and Appellant. .             B280139 .             (Los Angeles County Super. .           Priority sent Bolanos to a clinic (selected by Priority) to get a medical checkup the next day. .           Bolanos resumed his practice of checking in with Priority in person or by phone to ask for work. . ” .           Cox similarly testified at trial that at the time Bolanos’s employment with Priority ended, Priority believed Bolanos had resigned.
Note:
Citation:	B280139
WCC Citation:	Los Angeles County Super. Ct. No. BC589714

Case Name:	Bolanos v. Priority Business Services Part 2/2		03/09/2018
Summary:	.           Bolanos additionally submitted itemized billing records supporting his fee request. .           In reply, Bolanos requested an additional $10,697. 08 in fees incurred in connection with the fee motion, supported by an attorney declaration and itemized billing record. .           Conversely, Priority claims that the court should not have excluded the survey of billing rates it submitted. .           “‘A contingent fee must be higher than a fee for the same legal services paid as they are performed. .         Priority again argues that the lodestar should be reduced to reflect Bolanos’s limited success in this litigation.
Note:
Citation:	B280139
WCC Citation:	Los Angeles County Super. Ct. No. BC589714

Case Name:	Bolanos v. WCAB		10/03/2017
Summary:	This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115(a).   IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN .             MARCOS BOLANOS, Petitioner, .             v. .             WORKERS’ COMPENSATION APPEALS BOARD and RAMIRO ZAPATA JIMENEZ et al. , Respondents. .             DIRECTOR OF INDUSTRIAL RELATIONS AS ADMINISTRATOR OF THE UNINSURED EMPLOYERS BENEFITS TRUST FUND, Real Parties in Interest. .             B276784 .             (W. C. A. B. Case No. ADJ587312) .             ORIGINAL PROCEEDINGS to review a decision of the Workers’ Compensation Appeals Board. .             Law Offices of Mark B. Simpkins and Mark B. Simpkins for Petitioner. .           We concur: .           PERLUSS, P. J.
Note:	Taxpayers are on the hook for a man's permanent total disability award after the California 2nd District Court of Appeals shot down the state's attempt to force a property owner to pay the benefits.
Citation:	B276784
WCC Citation:	W.C.A.B. Case No. ADJ587312

Case Name:	Bonner v. WCAB		11/29/1990
Summary:	KATHLEEN E. BONNER, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and State Compensation Insurance Fund, Respondents. In addition to petitioner and office manager Moodie, the employer had three other employees, Diana Resnick, Chris Bolton, and Anita Bottari. Petitioner, office manager Moodie, and employer Bonner each had a set of keys to the office. After a person entered the office door, a deadbolt lock customarily was secured by hand in order to relock the door. On October 17, 1986, the day of petitioner's accident, Moodie was the first to arrive at the office in the morning.
Note:	Board's failure to specify evidence relied upon, reasons for determination warrants reversal.
Citation:	225 Cal.App.3d 1023, 55 CCC 470
WCC Citation:	WCC 27341990 CA

Case Name:	Bontempo vs. WCAB		04/30/2009
Summary:	On April 14, 2003, Bontempo filed an Application for Adjudication of Claim with the Board, based on the knee injury (claim no. VNO 0471122). The hearing was taken off calendar when the parties decided to have Bontempo seen by an agreed medical examiner, Mason Hohl, M. D. , who examined and interviewed Bontempo and issued a report in November 2005. For claim no. VNO 0471122, the parties stipulated that on March 28, 2003, Bontempo, while employed by the City, "sustained industrial injury to his right knee. "Based on these findings, the hearing officer awarded Bontempo $49,256. 25 for the orthopedic claim (266. 25 times $185) and $39,600 for the pulmonary claim (180 times $220). G. Request for Reconsideration On January 18, 2008, Bontempo submitted a petition for reconsideration.
Note:	Alleging issues of permanent disability and apportionment on the pre-trial conference statement is sufficient to raise the issue of 4658(d)(2) increase at trial and on review.
Citation:	B207660
WCC Citation:	WCC 35192009 CA

Case Name:	Boughner v. Comp USA		06/02/2008
Summary:	WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA OPINION AND DECISION AFTER RECONSIDERATION (EN BANC) SCOTT BOUGHNER, Applicant, vs. COMP USA, INC. ; and ZURICH NORTH AMERICA, Defendant. The APA specifically provides that "Article 8 (commencing with Section 11350) shall not apply to the Division of Workers' Compensation. "of Accountancy (1992) 2 Cal. 4th 999, 1014-1015; Life Care Centers of America v. CalOptima (2005) 133 Cal. App. 4th 1169, 1183. )v. Superior Court (1976) 16 Cal. 3d 392, 411] (internal citations and quotation marks omitted); see also Yamaha Corp. of America v. State Bd. 8, § 10341; Gee v. Workers' Comp.
Note:	[En Banc] Applicant failed to carry his burden of demonstrating that the AD's adoption of the 2005 PDRS was arbitrary and capricious, or inconsistent with section 4660(b)(2).
Citation:	SFO 0491230
WCC Citation:	WCC 33782008 CA

Case Name:	Bowen v. WCAB		06/24/1999
Summary:	In 1992, the Marlins drafted [73 Cal. App. 4th 18] Bowen and Mack advised Bowen of this fact by telephone. Mack and Bowen entered into negotiations and eventually reached an oral agreement as to bonus, salary, the farm team Bowen would play for, and the term of employment. In reaching its decision, the WCAB failed to follow its own previous decisions and appellate workers' compensation law cases. It is noteworthy that neither the WCAB nor the Marlins contend that since the Marlins had not yet signed the contract there was no contract formed in California when Bowen signed it. [1b] Applying the reasoning of GATX-Fuller here, we conclude that the Marlins was the offeror when it sent contracts to Bowen in California, and Bowen was the offeree when he signed and returned them from California.
Note:	Employee hired in CA is covered by CA work comp laws regardless of contract.
Citation:	73 Cal.App.4th 15, 64 CCC 745
WCC Citation:	WCC 4201999 CA

Case Name:	Boxer, Elkind and Gerson v. WCAB		09/01/1998
Summary:	Boxer, Elkind and Gerson, Petitioner v. Workers' Compensation Appeals Board, Galaxy Lighting, Inc. , Northbrook Property and Casualty Insurance Company, St. Paul Fire & Marine Insurance Company, State of California/Subsequent Injuries Fund, Donna Cansino, Respondents. They claimed that the WCJ erred in relying on Goler v. W&J Sloane Co. (1979) 44 Cal. Cases 1065 (WCAB en banc), due to the fact that the present case was above average complexity, legitimating a higher award of attorney's fees. Cases 1065 (WCAB en banc), which the WCJ found was not overruled by Pilkenton and Tomlinson. The WCAB denied reconsideration of the matter, for the reasons proffered in the WCJ's report, which the WCAB adopted without further comment.
Note:	No grossly disproportionate attorney's fees in disability cases of similar complexity.
Citation:	63 CCC 1156
WCC Citation:	WCC 27121998 CA