Case Name:	C.C. Myers v. WCAB (Lockwood)		01/27/2012
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT C. C. MYERS, INC. , Petitioner, v. WORKERS COMPENSATION APPEALS BOARD and BRUCE LOCKWOOD, Respondents. In this matter, respondent Bruce Lockwood (Claimant) was injured while working for petitioner C. C. Myers, Inc. (Employer) when a co-worker drove an excavator over Claimants foot. He also received an award of permanent disability benefits in the amount of $170 per week, for a total of $58,862. 50. However, the Board rejected the WCJs rationale and concluded instead that the misconduct was the failure to provide a spotter alone. (Labor Code, § 5904; Cedillo v. W. C. A. B. (1971) 5 Cal. 3d 450, 456; U. S. Auto Stores v. W. C. A. B. (1971) 4 Cal. 3d 469, 476-477. )
Note:
Citation:	C067528
WCC Citation:	WCC 38502012 CA

Case Name:	C.J.L. Construction, Inc. v. Universal Plumbing		08/27/1993
Summary:	C. J. L. CONSTRUCTION, INC. , Cross-complainant and Appellant, v. UNIVERSAL PLUMBING, Cross-defendant and Respondent. Pleadings Philip Navarette (plaintiff) filed an action against Universal Plumbing (UP), C. J. L. Construction, Inc. (CJL), and Louisville Ladder. On August 11, 1992, UP brought a motion for judgment on the pleadings as to CJL's first amended cross-complaint. The properly pleaded material allegations in the declaratory relief cause of action in the amended cross-complaint must be accepted as true. [2] In appeals from a demurrer dismissal of a declaratory relief action, appellate courts normally apply the abuse of discretion standard.
Note:	Third-party defendant may not compel employer's participation as a cross-defendant in certain instances.
Citation:	18 Cal.App.4th 376, 58 CCC 543
WCC Citation:	WCC 24011993 CA

Case Name:	CA Attorneys v. Schwarzenegger		03/19/2010
Summary:	(CASE I) That petition alleges that "CASE is the exclusive collective bargaining representative of legal professionals in State Bargaining Unit 2 . Approximately 3240 members are attorneys, administrative law judges, and hearing officers who are exempt from the Fair Labor Standards Act (FLSA). The independently elected constitutional officers and other elected state-wide officials referenced above were not parties to these matters. On the merits, the court agreed with CASE that section 11873 prohibits the Governor from furloughing SCIF employees. COUNSEL Law Offices of Brooks Ellison and Patrick J. Whalen for Plaintiff and Respondent California Attorneys, Administrative Law Judges and Hearing Officers in State Employment.
Note:	The trial court's conclusion that section 11873, subdivision (c) limits the Governor's authority to impose furloughs on SCIF employees is consistent with the language of the statute, the larger statutory scheme, and the legislative history of the SCIF authorizing legislation.
Citation:	A125292
WCC Citation:	WCC 36102010 CA

Case Name:	CA Comp. & Fire Co. v. IAC (Leventon)		06/12/1961
Summary:	Record Leventon, a timber-faller, sustained an industrial injury on July 29, 1957, which resulted in immediate total paraplegia. Leventon was paid $40 per week for temporary disability by petitioners through October 5, 1959, and $35 per week thereafter until March 22, 1960. On January 27, 1960, hearings were had upon the date at which temporary disability ceased and permanent disability began. The petitioners immediately began to withhold payments to Leventon in order to accumulate $1,000 for payment of the attorney's lien. On May 11, 1960, Leventon's attorney petitioned for partial commutation and for determination of attorney's fees under Labor Code, section 4904. 1.
Note:	Liens must be paid without disturbing scheduled disability payments.
Citation:	193 Cal.App.2d 6, 26 CCC 105
WCC Citation:	WCC 25581961 CA

Case Name:	CA Comp. Ins. Co. v. IAC		07/26/1948
Summary:	'Petitioner is the insurance carrier for the Canterbury Hotel, that company having been found to have been the employer of decedent. There is no doubt that if the employer-employee relationship existed, the accident was industrial, and that it caused the death of Laurio. The trial referee recommended a finding that decedent was an independent contractor, but the panel of the commission found that the employer-employee relationship existed. [1] 'The evidence on the issue in question is not entirely satisfactory, and the question presented is a very close one. He was told that the nursery could not handle the work but would be glad to recommend a competent man.
Note:	Weak evidence of AWW does not make AWW
Citation:	86 Cal.App.2d 861, 13 CCC 181
WCC Citation:	WCC 23941948 CA

Case Name:	CA Comp. Ins. Co. v. IAC (Moore)		11/17/1954
Summary:	OPINION FOX, J. Petitioner seeks a review and annulment of an award by respondent commission of maximum temporary partial disability benefits. This activity took the form of contacts with several prospective employers and scanning of newspaper ads for offers of work. On March 17, 1954, respondent commission issued a Findings and Award, the pertinent part of which reads as follows: '3. [2] The theory underlying such legislation is, succinctly stated, that industry should bear, in large measure, the burden of industrial accidents. (Johnson v. Cluett Peabody Co. , 2 I. A. C. 10, 13; Jordan v. Decorative Co. 230 N. Y. 522 [130 N. E. 634, 635]; 1 Campbell, Workmen's Compensation, ?
Note:	Unemployment benefits subtracted from wage loss.
Citation:	128 Cal.App.2d 797, 19 CCC 287
WCC Citation:	WCC 25001954 CA

Case Name:	CA Comp. Ins. Co. v. WCAB (Raines)		08/01/1997
Summary:	Applicant suffered industrial injuries on January 27, 1995, and was admitted to the San Bernadino County Hospital and treated until his release four months after the accident. Prior to his release from the hospital an employee of defendant California Compensation Insurance Co. contacted the hospital's collections office to negotiate a pending bill. Under this deal, Defendant paid $654,556. 22 within the agreed time limit a timely fashion, representing 80% of the initial total bill. This principle will help to ensure there has been a true meeting of the minds,' and will avoid unnecessary confusion and litigation. You are counseled to consult the full case for an accurate citation.
Note:	Any agreement to be enforced in workers' compensation proceedings should be reduced to writing.
Citation:	62 CCC 1264
WCC Citation:	WCC 25881997 CA

Case Name:	CA Highway Patrol v. WCAB (Clark)		03/14/1986
Summary:	CALIFORNIA HIGHWAY PATROL, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and JERALD CLARK, Respondents. We will hold that the two terms do not have the same meaning and will annul the order. Jerald Clark commenced his employment as a California Highway Patrol Officer on December 5, 1966, and retired from service on August 6, 1981. Upon petition for reconsideration by the employer, California Highway Patrol, the Board denied the petition. 3212 (police and firemen), 3212. 2 (custodial officers), 3212. 3 (state police), 3212. 4 (campus firemen), 3212. 5 (highway patrol), 3212. 6 (law enforcement investigators), 3212. 7 (other peace officers), 3213 (campus policemen). )
Note:	When judge whose ruling is subject of Petition is unavailable, Board can decide independently.
Citation:	178 Cal.App.3d 1016, 51 CCC 123
WCC Citation:	WCC 27351986 CA

Case Name:	CA State Auto. Assoc. v. WCAB (Martin)		10/16/1998
Summary:	The first was that Applicant was not a Qualified Injured Worker and the second was that Applicant was entitled to retroactive VRMA. The WCJ reversed the RU Determination in part in its FA&O when it deemed that Applicant was, in fact, a QIW and was entitled to VRMA. Defendants petitioned for reconsideration, claiming that Applicant chose to retire and declined Defendants' offer of modified work and, therefore, the awards were not warranted. The WCAB granted reconsideration and issued a decision that adopted the WCJ's report and findings. WRIT DENIED, Defendants' request for a stay of proceedings DENIED, and Applicant's request for Labor Code Sec.
Note:	Applicant's retirement not a waiver of right to voc. rehab. if related to employer's failure to give notice of rights to rehab.
Citation:	63 CCC 1413
WCC Citation:	WCC 28001998 CA

Case Name:	Ca.-Western States Life Ins. Co. v. IAC (Baird)		03/07/1963
Summary:	CALIFORNIA-WESTERN STATES LIFE INSURANCE COMPANY Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, VIOLA B. BAIRD et al. , Respondents. Everett A. Corten, Emily B. Johnson, Rupert A. Pedrin, Weingand, Tipton, Kendig & Stockwell, Jaffe, Mallery & Thompson and Herlihy & Herlihy for Respondents. Immediately thereafter during 'a heated discussion' with Mr. Benton, Mrs. Baird collapsed and was taken to a hospital for treatment. Cases 100. petitioner neither became a party to this agreement nor did it participate in any of the negotiations that culminated in the compromise. By this formula petitioner's lien claim was reduced to 1/29th of the $5,500 lump sum payment or $200.
Note:	The original Baird Formula to determine amount of reimbursement to EDD where there is an issue which may defeat entire claim.
Citation:	59 Cal. 2d 257; 28 Cal. Rptr. 872; 28 CCC 77
WCC Citation:	WCC 3661963 CA

Case Name:	Cabral v. Ralphs Grocery Company		11/10/2009
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO No. E044098 November 10, 2009 MARIA CABRAL, PLAINTIFF AND RESPONDENT, v. RALPHS GROCERY COMPANY, DEFENDANT AND APPELLANT. Ralphs sought clarification and the following exchange occurred: "[COUNSEL FOR RALPHS]: Your Honor, may I just inquire?In the motion for judgment notwithstanding the verdict, Ralphs argued that Horn owed no duty to Decedent and that the intervening superseding negligence of Decedent exonerated Ralphs from all liability. Opinion Footnotes *fn1 Although Ralphs Grocery Company and Hen Horn were parties at the trial level, Ralphs is the only named defendant on appeal. *fn2 Although Maria Cabral and her children were parties at the trial level, Maria Cabral is the only named plaintiff on appeal.
Note:	The California Supreme Court declined to adopt an exemption from the general duty of ordinary care for Ralphs, after a negligent driver crashed into one of its trucks that was parked alongside the highway.
Citation:	E044098
WCC Citation:	WCC 37212009 CA

Case Name:	Caesar's Restaurant v. IAC		12/07/1959
Summary:	CAESAR'S RESTAURANT (a Corporation) et al. , Petitioners, v. INDUSTRIAL ACCIDENT COMMISSION and EARL JOHNSON, Respondents. While employed as a cook by Caesar's Restaurant, on August 29, 1958, applicant struck his right elbow against a stack of dishes, causing a bursitis of the elbow tendon. He received medical treatment for the injury but worked until the restaurant was destroyed by fire, November 30th. On that date, Johnson filed an application for adjustment of claim, asking for temporary disability, permanent disability, medical treatment and litigation expenses. The parties then agreed to an examination by a doctor on the commission's medical staff, to take place following the hearing.
Note:	A waiver of a right requires clear intent to relinquish such right.
Citation:	175 Cal.App.2d 850, 24 CCC 297
WCC Citation:	WCC 25751959 CA

Case Name:	Caimol-Cruz v. Retirement Bd. of San Francisco		03/22/2012
Summary:	OF SAN FRANCISCO CORAZON CAIMOL-CRUZ, Plaintiff and Appellant, v. RETIREMENT BOARD OF THE CITY AND COUNTY OF SAN FRANCISCO, Defendant and Respondent. NOT TO BE PUBLISHED IN OFFICIAL REPORTS MARGULIES, J. Corazon Caimol-Cruz appeals from the denial of her petition for writ of mandate overturning a decision of the Retirement Board of the City and County of San Francisco (the Board) denying her application for a disability retirement. Facts*fn1 Cruz was hired by the City and County of San Francisco as a legal secretary in July 1981 and was assigned to the district attorney's (DA's) office. On the same date, she also filed an application for voluntary service retirement with the stipulation her service retirement would be converted to disability retirement if her disability retirement application was granted. for each year of credited service, if such retirement allowance exceeds 40 percent of his or her average final compensation .
Note:	A legal secretary with a long history of gastrointestinal problems  and of violating office protocols for calling in sick  was not entitled to disability retirement since she had worked for years, despite her medical need for frequent bathroom breaks, and her employer was willing and able to accommodate her.
Citation:	A130992
WCC Citation:	WCC 38772012 CA

Case Name:	Cal-Western States Life Ins. Co. v. IAC		02/02/1962
Summary:	The newly hired controller moved Mrs. Baird out of her private office and into the general office area. Immediately thereafter, during a heated discussion with Mr. Benton, Mrs. Baird collapsed and was removed to a hospital for treatment. Copies of the notice and request for allowance of the lien were filed with the commission and were duly served upon all parties. This argument was rejected in Aetna Life Insurance Co. v. Industrial Accident Commission, 38 Cal. The 1957 amendment specify the exact matters which must be the subject of the findings in regard to a lien claim.
Note:	Board cannot reduce non-party claimant lien w/o specific finding as to applicant's entitlement to benefits.
Citation:	27 CCC 49
WCC Citation:	WCC 25931962 CA

Case Name:	Cal. Dept. of Corrections v WCAB (Decourcey, Jr.)		08/28/2012
Summary:	DEPT. OF CORRECTIONS v. WCAB CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and ROBERT DECOURCEY, JR. , Respondents. The employee's conduct is "special" if it is "extraordinary in relation to routine duties, not outside the scope of employment. "(1964) 61 Cal. 2d 289, 295; Los Angeles Jewish Community Council v. Industrial Acc. (1982) 138 Cal. App. 3d 584, 590 (C. L. Pharris); City of San Diego v. Workers' Comp. The `special mission' exception has been explained by the courts first in Dimming v. WCAB (1972) 37 CCC 211 and then in C L Pharris Sand & Gravel, Inc. v. WCAB (Lindsey) (1982) 47 CCC 1420.
Note:	A corrections officer was not entitled to benefits for injuries he sustained in a car accident while driving to a remote area of the San Bernardino Mountains in order to cover a co-worker's shift on guard duty.
Citation:	E054153
WCC Citation:	WCC 39272012 CA

Case Name:	Cal. State Auto. Ass'n Inter-Insurance Bureau v. WCAB (Hestehauge)		03/22/2006
Summary:	Filed 3/22/06 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and PAUL HESTEHAUGE, Respondents. The Charkinses' insurer, California State Automobile Association Inter-Insurance Bureau (CSAA), filed a petition for writ of review in this court challenging the Appeals Board's determination. On Hestehauge's first day painting at the Charkinses' home, he fell from a ladder placed on top of a scaffold. The Appeals Board granted a petition for reconsideration filed by CSAA, but then took nearly two years to issue a decision. (In-Home, at p. 727; see also State Farm Fire & Casualty Co. v. Workers' Comp.
Note:	Unlicensed house painter not employee of house owners where he did not work 52 hours or earn more than $100 pre-injury.
Citation:	137 Cal. App. 4th 1040
WCC Citation:	WCC 31492006 CA

Case Name:	Caldo v. Metalclad Insulation		06/11/2007
Summary:	Ct. No. CGG-02-412325) Two days after a jury verdict in his favor in his asbestos-related personal injury action against defendants Metalclad Insulation Company (Metalclad) and John Crane Inc. (Crane), Anthony Cadlo (Cadlo) died. These outside vendors, also referred to as contractor-suppliers, were Metalclad, Thorpe Insulation (Thorpe), Fenco, and Armstrong Contracting and Supply (ACandS). Ay did not know how much insulation supplied to the LBNS in 1960, 1965, and 1967 came from Metalclad. Ay said that, in the 1960's, Metalclad supplied asbestos insulation to and performed insulation contract work on ships at the LBNS, but Thorpe, Fenco, and ACandS did not. Trueblood's Testimony Metalclad employee Donald Trueblood testified that between 1933 and 1973 Metalclad was involved in the installation and sale of asbestos-containing insulation materials.
Note:	The court in the published portion of its opinion In the published portion of this opinion rejected the defendants' attack on future and noneconomic damages.
Citation:	151 Cal. App. 4th 1311
WCC Citation:	WCC 32292007 CA

Case Name:	California Association of Medical Products Suppliers v. Maxwell-Jolly		09/16/2011
Summary:	CALIFORNIA ASSOCIATION OF MEDICAL PRODUCTS SUPPLIERS v. MAXWELL-JOLLY CALIFORNIA ASSOCIATION OF MEDICAL PRODUCTS SUPPLIERS, Plaintiff and Appellant, v. DAVID MAXWELL-JOLLY, as Director, etc. , et al. CERTIFIED FOR PUBLICATION LAMBDEN, J. Appellant California Association of Medical Products Suppliers (CAMPS) appeals from the trial court's denial of its petition for a writ of mandate and complaint for declaratory and injunctive relief. The regulations set upper billing limits for providers of durable medical equipment and certain medical supplies to Medi-Cal recipients. BACKGROUND Before the UBL The UBL as finally adopted in 2004 targeted dispensed medical supplies, incontinence medical supplies, and durable medical equipment. The same assumption applies to Medi-Cal payment of the weighted average of the negotiated contract price plus a 38% markup for incontinence medical supplies.
Note:	The California Department of Health Care Services did not act outside its authority when it adopted upper billing limit regulations in 2004 to close a significant Medi-Cal loophole, the 1st District Court of Appeal concluded.
Citation:	A126749
WCC Citation:	WCC 38022011 CA

Case Name:	California ex rel. Alzayat v. Hebb Part 1/2		12/31/1969
Summary:	MAHMOUD ALZAYAT, Plaintiff and Appellant, .             v. .             GERALD HEBB et al. , Defendants and Appellants. Alzayat v. Hebb et al. , supra, E060593. )]  ‘”Moreover, the allegations must be liberally construed with a view to attaining substantial justice among the parties. ”  [Citation. .           Relying on State of California ex rel. Metz v. Farmers Group, Inc. (2007) 156 Cal. App. 4th 1063 (Metz) and State of California ex rel.
Note:	An opinion out of the 4th District Court of Appeals shows a method attorneys can use to go after employers who lie on workers’ compensation forms: through a civil suit under California’s Insurance Frauds Prevention Act, said the applicants’ attorney who filed the case.
Citation:	E066471
WCC Citation:	Super. Ct. No. 1204627

Case Name:	California ex rel. Alzayat v. Hebb Part 2/2		12/31/1969
Summary:	the sole and exclusive remedy of the employee or his or her dependents against the employer” (Lab. )  On appeal from a judgment finding them liable, the defendants argued the relator’s claims were barred by the workers’ compensation exclusivity rule.   (Thompson, at pp. The parties agree that Alzayat eventually received workers’ compensation benefits for his back injury. Alzayat v. Hebb et al. (Dec. 17, 2015, E060593) [nonpub. As noted, ante, in footnote 2, Alzayat concedes he was already fully compensated for his back injury.
Note:	An opinion out of the 4th District Court of Appeals shows a method attorneys can use to go after employers who lie on workers’ compensation forms: through a civil suit under California’s Insurance Frauds Prevention Act, said the applicants’ attorney who filed the case.
Citation:	E066471
WCC Citation:	Super. Ct. No. 1204627

Case Name:	California Horse Racing Board v. WCAB and Snezek		07/31/2007
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- CALIFORNIA HORSE RACING BOARD et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and MARTIN SNEZEK, Respondents. C053595 (WCAB No. SAC335207) The California Horse Racing Board (CHRB) and the State Compensation Insurance Fund (the Fund) (collectively petitioners) have petitioned for a writ of review from an order of the Workers' Compensation Appeals Board (WCAB) upholding a decision by which real party in interest Martin Snezek was awarded work-related disability benefits for a heart attack. He also opined that Snezek had a 29 percent overall impairment of his heart and would need life-long treatment. The Fund and the CHRB filed a petition for reconsideration, contending that Snezek was not covered by the statutory heart trouble presumption. Filed 7/31/07 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- CALIFORNIA HORSE RACING BOARD et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and MARTIN SNEZEK, Respondents.
Note:	Qualifying as a peace officer is not enough. To be entitled to the heart trouble presumption, the member must also fit the job description and be employed by one of the law enforcement agencies specified in the earlier portions of section 3212.5, Labor Code.
Citation:	153 Cal. App. 4th 1169
WCC Citation:	WCC 32412007 CA

Case Name:	California Ins. Guarantee Assn. v. WCAB		10/31/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD et al. , Respondents. The California Insurance Guarantee Association (CIGA)*fn1 petitions for writ of review of the decision of the Workers' Compensation Appeals Board (WCAB). The parties stipulated that "Contractors Labor Pool is the general employer and Carri Construction is one of the special employers. The WCAB agreed with the WCJ's decision that there was no evidentiary basis to find that the SCIF policy was "other insurance" under section 1063. 1(c)(9) and denied CIGA reconsideration. DISCUSSION Standard of Review A decision by the WCAB that is based on factual findings which are supported by substantial evidence should be affirmed by the reviewing court.
Note:	[Unpublished] The existence and relevant terms of the SCIF policy were shown by secondary evidence.
Citation:	B205025
WCC Citation:	WCC 34552008 CA

Case Name:	California Insurance Guarantee Association v. Burwell		01/05/2017
Summary:	United States District Court Central District of California .             CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Plaintiff, .             v. .             SYLVIA MATHEWS BURWELL, Secretary of Health and Human Services; .             UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES; and .             CENTER FOR MEDICARE & MEDICAID SERVICES, Defendants. These individuals were also insured under several workers’ compensation policies administered by the California Insurance Guarantee Association (“CIGA”). Factual Background  .           CIGA is a statutorily-created association of insurers admitted to transact certain classes of insurance business in California. § 1063. 1(c)(4), and (2) any claims that are not “within the coverage of an insurance policy of the insolvent insurer,” id. See generally Medicare Program; Right of Appeal for Medicare Secondary Payer Determinations Relating to Liability Insurance (Including SelfInsurance), No-Fault Insurance, and Workers’ Compensation Laws and Plans, 80 Fed.
Note:
Citation:	2:15-cv-01113-ODW (FFMx)
WCC Citation:	2:15-cv-01113-ODW (FFMx)

Case Name:	California Insurance Guarantee Association v. WCAB (Oracle)		02/06/2012
Summary:	CALIFORNIA INSURANCE GUARANTEE ASSOCIATION v. WORKERS' COMPENSATION APPEALS BOARD CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and NEXT ENTERPRISES, Respondents; ORACLE IMAGING et al. , Real Parties in Interest. ASHMANN-GERST, J. Petitioner California Insurance Guarantee Association (CIGA) seeks review of a ruling by the Workers' Compensation Appeals Board (WCAB) that recognized claims asserted by real parties in interest Oracle Imaging, N-Care and Nations Surgery Center (collectively medical providers) as "covered" claims under Insurance Code section 1063. 1. *fn1 The claims were asserted by real party in interest Pinnacle Lien Services (Pinnacle) on behalf of the medical providers. BACKGROUND Anastasia Jenkins filed a workers' compensation claim against her employer, whose workers' compensation insurance carriers became insolvent during the pendency of the proceedings. It was not disputed that any insurance payments were to be made by checks payable directly to the medical provider, under its tax identification number. And because the law contemplates that a medical provider's lien will be satisfied out of insurance proceeds, we conclude that a medical lien arises "under the insurance policy. "
Note:	Pinnacle Lien Services could pursue lien claims against the California Insurance Guarantee Association.
Citation:	B231491
WCC Citation:	WCC 38622012 CA

Case Name:	California Nurse Life Care Planning v. WCAB		11/13/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT No. F055530 November 13, 2008 CALIFORNIA NURSE LIFE CARE PLANNING, INC. , PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD, DYNASTY FRAMING, INC. This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115. OPINION THE COURT*fn1 California Nurse Life Care Planning, Inc. (CNLCP) petitions for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB). On April 23, 2005, CNLCP filed a Notice and Request for Allowance of Lien with the WCAB in the amount of $22,357. 44 for the expense associated with preparing the Life Care Plan. The WCJ concluded the Life Care Plan was neither a medical-legal expense under section 4621, subdivision (a)*fn3 nor a valid cost under section 5811. DISCUSSION CNLCP contends the WCAB erred in refusing to award reimbursement for the Life Care Plan because it was both a reasonably required medical-legal expense and a reimbursable cost under the WCAB's discretionary powers.
Note:	A lien claimant is not entitled to a reimbursement for a $24,424 life care plan because it was unrelated to the relevant workers' compensation claim.
Citation:	F055530
WCC Citation:	WCC 34612008 CA

Case Name:	California School Employees Association v. Tustin Unified School District		03/12/2007
Summary:	Ct. No. 05CC10946) OPINION CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION, TUSTIN CHAPTER NO. 450, Plaintiff and Appellant, v. TUSTIN UNIFIED SCHOOL DISTRICT et al. , Defendants and Respondents. Joan Featherstone is a classified employee of the Tustin Unified School District (School District). The California School Employees Association and its Tustin Chapter No. 450 (together, the CSEA) challenged that practice on the ground those employees were not substitute employees because they were already employed by the school district and, hence, were not employed to replace Featherstone while she was temporarily absent. If, as the School District contends, a school district may use any existing classified employee as a substitute under section 45196 and deduct that employee's pay from the absent employee's salary, then a school district would receive the benefits of both options without the burdens of either. However, section 45196 does prohibit the School District from deducting from the absent employee's salary the amount paid to the employees performing the absent employee's tasksunless the School District hired those employees "to fill [the absent employee's] position during his [or her] absence. "
Note:	Section 45196 does not permit a school district to deduct the salaries of teachers already employed by the district from the salary of a teacher who is on disability leave.
Citation:	148 Cal. App. 4th 510
WCC Citation:	WCC 32102007 CA

Case Name:	California School Employees Association, et al., v. Colton Joint Unified School District, et al.		01/26/2009
Summary:	California School Employees Association v. Colton Joint Unified School District, No. E044388 (Cal. App. Dist. 4 01/26/2009) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO No. E044388 January 26, 2009 CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION ET AL. , PLAINTIFFS AND RESPONDENTS, v. COLTON JOINT UNIFIED SCHOOL DISTRICT ET AL. , DEFENDANTS AND APPELLANTS. The California School Employees Association (CSEA) and Haynes, petitioners and respondents on appeal (petitioners), contend that the Colton Joint Unified School District and the school board (collectively Colton) improperly deducted both vacation leave and differential leave under section 45196 concurrently. We agree with petitioners and the superior court that Colton could not deduct vacation leave and differential leave concurrently. The CSEA contends Colton, while collecting Haynes's workers' compensation benefits, miscalculated her vacation leave and differential leave. (California School Employees Assn. , Tustin Chapter No. 450 v. Tustin Unified School Dist.
Note:	The Colton Joint Unified School District improperly deducted vacation and differential leave concurrently while a bus driver received workers' compensation benefits.
Citation:	E044388
WCC Citation:	WCC 34842009 CA

Case Name:	California Self-Insurers\' Security Fund v. The Superior Court of Orange County (Activcare Living)		01/26/2018
Summary:	CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE .   FILED: 01/26/2018 .   CALIFORNIA SELF-INSURERS' SECURITY FUND et al. , Petitioners,   .   v. .   THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; ACTIVCARE LIVING et al. , Real Parties in Interest .   G054981 .   (Super. Ct. No. 30-2013-00690574) .   OPINION .         Original proceedings; petition for a writ of mandate to challenge an order of the Superior Court of Orange County, William D. Claster,  Judge.   Petition granted.   *                    *                    *   .       Petitioners California Self-Insurers’ Security Fund (the Fund) and Nixon Peabody LLP (Nixon Peabody or the firm) seek a writ of mandate directing the trial court to vacate its order disqualifying Nixon Peabody from representing the Fund in the instant case. (City of Santa Barbara v. Superior Court (2004) 122 Cal. App. 4th 17, 23-24;3 Frazier v. Superior Court (2002) 97 Cal. App. 4th 23, 30. .                                                                                 MOORE, J.
Note:	A California appellate court ruled that a law firm was not automatically disqualified from representing the state Self-Insurers’ Security Fund in an action for reimbursement.
Citation:	G054981
WCC Citation:

Case Name:	California v. Industrial Accident Commission and Gust Erickson		04/19/1957
Summary:	2d 355 April 19, 1957 STATE OF CALIFORNIA, SUBSEQUENT INJURIES FUND, PETITIONER, v. INDUSTRIAL ACCIDENT COMMISSION AND GUST ERICKSON ET AL. , RESPONDENTS PROCEEDING by the Subsequent Injuries Fund to review an award of the Industrial Accident Commission apportioning liability against several named employers and the Subsequent Injuries Fund. We have concluded that respondent Industrial Accident Commission erroneously applied the section retrospectively, and that the award should be annulled. In the subsequent proceedings the commission found, in accordance with statutory law, that "said date accordingly constitutes the date of injury herein. "The employe initiated proceedings before the Industrial Accident Commission to obtain an award solely against Central Eureka Mining Company, one of his employers during the period when he was contracting silicosis. *fn5 The issue of constitutionality is discussed in the companion case of Subsequent Injuries Fund v. Industrial Acc.
Note:	The question here is not what the Legislature might have done with respect to providing for retrospective application of the portions of section 5500.5, which are here involved, but what it did do. It used no language showing that it intended retrospective effect and, therefore, under the rules carefully stated and followed in the Aetna case, no such effect will be given under the guise of construction.
Citation:	48 Cal. 2d 355
WCC Citation:	WCC 33591957 CA

Case Name:	CALSTAR v. SCIF		05/13/2011
Summary:	The medical treatment costs subject to the workers' compensation system include medical treatment travel expenses, as expenses incidental to medical treatment. Judicial review of WCAB decisions or other judicial relief is available only from the appellate court or California Supreme Court. In addition to this court's lack of any subject matter jurisdiction over this dispute, most of the causes of action alleged by CALSTAR here seek remedies not available under California law. CALSTAR therefore has no claim for compensation for its services other than the compensation available through the workers' compensation system. Therefore, CALSTAR cannot seek recovery under causes of action such as breach of implied contract, quantum meruit, unjust enrichment, or open book account.
Note:	The defendants' demurrers are sustained, as the trial court lacks subject matter jurisdiction.
Citation:	FCS036792
WCC Citation:	WCC 37622011 CA