Case Name:	Barragan vs. WCAB, Hartford		10/19/1987
Summary:	SANDRA BARRAGAN, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and HARTFORD ACCIDENT AND INDEMNITY COMPANY, Respondents (Opinion by Best, J. , with Hamlin, Acting P. J. , and Ivey, J. , concurring. )By arrangements made through Galen College, Barragan began her externship program in the Rehabilitation Services Department at Saint Agnes Hospital. As Barragan sat down to take the blood pressure, her back popped, and she lost the feeling in her legs. Mrs. Miller did not offer Barragan a job and, in fact, had no authority to do so without administrative approval. The objective actions of Barragan and Saint Agnes Hospital clearly indicate that these parties intended an arrangement in which Barragan performed services for the hospital and the hospital provided training and instruction to Barragan to enable her to earn her diploma.
Note:	Worker who receives instruction and training in lieu of monetary remuneration is an employee.
Citation:	195 Cal.App.3d 637
WCC Citation:	WCC 29781987 CA

Case Name:	Barrett Business Services, Inc v. Workers' Compensation Appeals Board and Rafael Rivas		03/22/2012
Summary:	Barrett Business Services, Inc v. Workers' Compensation Appeals Board and Rafael Rivas, No. B233168 (Cal. App. Dist. 2 03/22/2012) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE B233168 March 22, 2012 BARRETT BUSINESS SERVICES, INC. , PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD AND RAFAEL RIVAS, RESPONDENTS, (Los Angeles County W. C. A. B. Case No. ADJ2596770) PROCEEDING to review a decision of the Workers' Compensation Appeals Board. A compromise and release of the workers' compensation claim of applicant Rafael Rivas contained an incorrect address for Rivas. His employer, Barrett Business Services, Inc. (Barrett), sent a $17,000 check to Rivas at the incorrect address. Thus the Workers' Compensation Administrative Law Judge's order and award correctly found that Barrett was liable to pay settlement proceeds of $17,000 to Rivas. Barrett petitioned to the Workers' Compensation Appeals Board (WCAB) for reconsideration of that order and award.
Note:	An employer must send an injured worker a second $17,000 settlement check after the first check was signed and cashed by an unknown party.
Citation:	B233168
WCC Citation:	WCC 38722012 CA

Case Name:	Barrueta v. Ralphs Grocery Company		08/16/2012
Summary:	Mark Barrueta v. Ralphs Grocery Company No. B233152 (Cal. App. Dist. 2 08/16/2012) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR B233152 August 16, 2012 MARK BARRUETA, PLAINTIFF AND APPELLANT, v. RALPHS GROCERY COMPANY, DEFENDANT AND RESPONDENT. ISI hired the ODO's specifically to work as armed security guards at various facilities of defendant Ralphs Grocery Company (Ralphs) during the "Southern California Supermarket Strike of 2003-2004" (strike), which lasted from October 2003 to February 2004. provided services to Ralphs Grocery Company through [ISI]; 3. )"These declarants testify, almost identically, that they were directed to perform grocery store duties by the Ralphs store managers. The store managers testify that Ralphs told them that the off-duty peace officers were not to perform grocery store duties.
Note:	A trial court judge did not abuse his discretion in declining to grant class certification to a group of off-duty and retired peace officers who worked as security guards at various California grocery stores during a labor strike on their claims that they were misclassified as independent contractors.
Citation:	B233152
WCC Citation:	WCC 39202012 CA

Case Name:	Bartholomew v. SeaRiver Maritime, Inc.		03/16/2011
Summary:	BARTHOLOMEW v. SEARIVER MARITIME, INC. ALAN BARTHOLOMEW, Plaintiff and Appellant, v. SEARIVER MARITIME, INC. , Defendants and Respondents. This appeal arises from the asbestos-related injuries sustained by plaintiff Alan Bartholomew, a ship repair worker employed by West Winds, Inc. (West Winds), while working on various ships owned by defendant SeaRiver Maritime, Inc. (SeaRiver). Bartholomew brought suit against SeaRiver as a vessel owner under the Longshore and Harbor Workers' Compensation Act (33 U. S. C. 901, et seq. On April 4, 2007, Bartholomew filed a complaint seeking damages for his asbestos exposure against numerous defendants, including SeaRiver. Subsequently, in response to written discovery propounded by SeaRiver, Bartholomew reiterated that he was unable to name a specific SeaRiver vessel.
Note:	California's 1st District Court of Appeal has clarified the role of a maritime presumption about ship repair contractors in Longshore and Harbor Workers' Compensation Act suits against vessel owners, a defense attorney said.
Citation:	A127424
WCC Citation:	WCC 37282011 CA

Case Name:	Bassett-McGregor v. WCAB		11/09/1988
Summary:	Applicant was referred to Dr. William Owen by Dr. Virgil Reyes in 1979 for another opinion on her rapid heartbeat. In 1982, Dr. Owen told her to cut down on her hours because he felt the problem was related to her job. Applicant did not recall being under any unusual stress that morning, but remembered that it was 'extremely hot' at Kelly's. She returned to work full-time in January 1985 in her former capacity and continued to conduct sales in the field. 3 Dr. Reyes did indicate that he did not report the disability as a workers' compensation claim.
Note:	Amending claim for specific injury to one of cumulative injuries does not change date of filing.
Citation:	205 Cal.App.3d 1102, 53 CCC 502
WCC Citation:	WCC 27591988 CA

Case Name:	Batterton v. Dutra Group		01/23/2018
Summary:	.   FOR PUBLICATION .   UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT .   CHRISTOPHER BATTERTON, Plaintiff-Appellee, .   v. .   DUTRA GROUP, Defendant-Appellant. They are not proved, and we intimate no view as to whether punitive damages may ultimately turn out to be appropriate. .   The plaintiff, Christopher Batterton, was a deckhand on a vessel owned and operated by the defendant, Dutra Group. While Batterton was working on the vessel in navigable waters, a hatch cover blew open and crushed his left hand. The lack of a mechanism for exhausting the pressurized air made the vessel unseaworthy and caused permanent disability and other damages to Batterton.
Note:	Despite a split among the federal appellate circuits, the U.S. 9th Circuit Court of Appeals is sticking to its view that a seaman can receive an award of punitive damages on an unseaworthiness claim.
Citation:	15-56775
WCC Citation:

Case Name:	Batton v. Alten Construction, Inc.		04/08/2013
Summary:	Batton sued the general contractor, defendant Alten Construction, Inc. (Alten), for damages, asserting claims for negligence, negligence per se, and breach of contract (on a third party beneficiary theory). Alten contended Batton's negligence causes of action failed because Alten "owed no duty of care to [Batton] having contractually and impliedly delegated that duty to [Batton's] employer, [Galletti]. "As to the breach of contract cause of action, Alten argued Batton lacked standing to pursue third party beneficiary recovery. Batton submitted excerpts of deposition testimony by employees of Alten and Kwan Wo about the construction of the stairway and other matters. Batton agrees the stairway was not a latent hazardous condition of which Alten had a duty to warn Batton, and he does not seek to impose liability on that basis.
Note:	The employee of an independent contractor hired to perform work on a construction project presented sufficient evidence that the contractor on the project retained control over the stairwell where the employee fell to preclude summary judgment under the Privette doctrine.
Citation:	A135146
WCC Citation:	WCC 39992013 CA

Case Name:	Baur vs. WCAB and City of Stockton		08/21/2009
Summary:	In this case, petitioner Lance Baur, a police officer employed by respondent City of Stockton (the city), was injured on the job during an altercation with suspect Richard Thomas Beck. FACTUAL AND PROCEDURAL BACKGROUND Officer Baur was employed by the city in August 2003 when he was injured on the job by suspect Beck. As a result of Baur's injuries, the city provided Baur with $74,408. 79 in workers' compensation benefits. In settlement of the lawsuit, CIGA agreed to pay $50,000 to Baur, and the city agreed to release its lien. Baur objected to the credit, claiming the city has no credit rights in this matter for the same reasons .
Note:	Municipality that paid workers' compensation benefits is entitled to a credit whether the tortfeasor's insurer was a solvent company or CIGA and whether the recovery was for general or special damages.
Citation:	C061042
WCC Citation:	WCC 35562009 CA

Case Name:	Bautista v. State of California		12/06/2011
Summary:	BAUTISTA v. STATE MARGARITA ALVAREZ BAUTISTA et al. , Plaintiffs and Appellants, v. STATE OF CALIFORNIA et al. , Defendants and Respondents. The complaint alleges there is a constitutional duty on the part of the state to create a workers' compensation system that adequately protects the safety of farm workers in California. DISCUSSION This appeal presents two constitutional issues affecting the viability of appellants' lawsuit against the state and the named state agencies. Labor Code section 3300, subdivision (a) of the Workers' Compensation Act defines employer as, among others, "[t]he State and every State agency. "The individual plaintiffs include Margarita Alvarez Bautista, Ana Rosa Bautista, Socorro Rivera, Mauricia Calvillo, and Natividad Carrillo.
Note:	The 2nd District Court of Appeal issued a published decision affirming the dismissal of a lawsuit contending that the state of California failed to protect farm workers from heat-related illnesses.
Citation:	B226102
WCC Citation:	WCC 38302011 CA

Case Name:	Bawaan v. Civil Service Commission of Los Angeles County		09/11/2012
Summary:	JANET BAWAAN, Plaintiff and Appellant, v. CIVIL SERVICE COMMISSION OF LOS ANGELES COUNTY, Defendant and Respondent; COUNTY OF LOS ANGELES, Real Party in Interest and Respondent. The court concluded, based on its independent review of the evidence presented during appellant's three-day administrative hearing before the Los Angeles County Civil Service Commission (the Commission) that appellant was properly medically released from her position with the Department of Mental Health (the Department) for the County of Los Angeles (the County) in 2003 because the evidence demonstrated that she had been totally disabled and unable to work in any capacity since 1995. By letter dated October 31, 2003, the Department informed appellant that effective that date, she was medically released "without prejudice" under Los Angeles County Civil Service Rule 9. 08. The notice reiterated that appellant had been medically released without prejudice under Los Angeles County Civil Service Rule 9. 08, effective October 31, 2003, and reiterated the reasons expressed in the 2003 letters. Although the rules at issue are Civil Service Rules, promulgated by the County, the normal rules of statutory construction apply.
Note:	A municipal employer could rely on competent medical and legal evidence to conclude that an employee with severe, long-standing and debilitating psychiatric conditions was unable to perform her regular duties or any alternate position, and was not required to await resolution of her workers' compensation claim before medically releasing her from employment.
Citation:	B230200
WCC Citation:	WCC 39312012 CA