Case Name:	Claxton v. Waters		08/30/2004
Summary:	CAROLYN CLAXTON, Plaintiff and Appellant, v. RAY WATERS et al. , Defendants and Respondents. I From February 1995 until her resignation in September 1997, Carolyn Claxton worked as an office assistant for defendant Pacific Maritime Association (PMA). On January 16, 1998, Claxton filed a second and separate workers' compensation claim against PMA for injury to "psyche due to sexual harassment. "On September 15, 1998, Claxton filed this civil action against PMA and Waters alleging, as relevant here, sexual harassment in violation of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq. ). In support of that motion, Claxton submitted declarations by herself and by the attorney who had represented her in the workers' compensation proceedings.
Note:	C&R does not release civil claims unless intent of the parties clearly expressed in the document.
Citation:	Unpublished
WCC Citation:	WCC 30202004 CA

Case Name:	CNA Ins. Co. v. WCAB (Valdez)		07/22/1997
Summary:	CNA Insurance Companies, Petitioner v. Workers Compensation Appeals Board, William Lehrich, DPM, (Geni R. Valdez), Respondents. Applicant alleged that she sustained industrial injuries and her claim was denied by the carrier. The case in chief was settled by C&R for $12,000, WCAB reserving jurisdiction over disputed liens. CNA lost on reconsideration and their Petition for Writ of Review was denied. You are counseled to consult the full case for an accurate citation.
Note:	Official Medical Fee Schedule does not apply to self-procured treatment.
Citation:	62 CCC 1145 (Writ Denied)
WCC Citation:	WCC 28801997 CA

Case Name:	Co. of San Luis Obispo v. WCAB (Barnes)		10/03/2001
Summary:	Finnegan, Marks & Hampton, Ellen Sims Langille, Renee M. Bertenthal for Petitioner County of San Luis Obispo. On remand, the workers' compensation judge (WCJ) awarded Barnes one section 5814 penalty for delay in making the $97. 87 penalty payment. DISCUSSION 'In considering a petition for writ of review of a decision of the WCAB, this court's authority is limited. This court must determine whether the evidence, when viewed in light of the entire record, supports the award of the WCAB. (1996) 44 Cal. App. 4th 128, 139-140 (Ellison) [WCAB can consider size of a delinquency to determine whether the employer acted unreasonably]. )
Note:	$65K penalty on delayed payment $97.87 unreasonable.
Citation:	92 Cal. App. 4th 869
WCC Citation:	WCC 28172001 CA

Case Name:	Coca-Cola Enterprises Inc et al. v. WCAB and Isaac Espinosa		04/25/2011
Summary:	COCA-COLA ENTERPRISES INC. et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and ISAAC ESPINOZA, Respondents. Louis A. Larres Bradford & Barthel, LLP, Counsel for Petitioners Coca-Cola Enterprises Inc. and Sedgwick CMS. )Section 4650, subdivision (d) provides for an automatic 10 percent penalty on a late TTD payment. (1997) 56 Cal. App. 4th 902, 910-912 [penalty for "failure to pay at the correct adjusted statutory rate of TTD"]; Jardine v. Workers' Comp. (1984) 163 Cal. App. 3d 1, 4-5, 7-8 [penalty for payment at permanent partial disability rate rather than permanent total disability rate]; Smith v. Workers' Comp.
Note:	The Workers' Compensation Appeals Board miscalculated the amount of a Labor Code Section 5814 penalty by erroneously concluding that a regulation required the employer to pay maximum temporary total disability benefits unless it had documentation that showed the injured worker's actual pre-injury wages, the California 1st District Court of Appeal ruled.
Citation:	A131011
WCC Citation:	WCC 37552011 CA

Case Name:	Code of Civil Procedure 704.160		01/01/2000
Summary:	(a) Except as provided by Chapter 1 (commencing with Section 4900) of Part 3 of Division 4 of the Labor Code, before payment, a claim for workers' compensation or workers' compensation awarded or adjudged is exempt without making a claim. Except as specified in subdivision (b), after payment, the award is exempt. (1) 'Judgment debtor' or 'support judgment debtor' means a person who is owing a duty of support. (2) 'Judgment creditor' or 'support judgment creditor' means the person to whom support has been ordered to be paid. (3) 'Support' refers to an obligation owing on behalf of a child, spouse, or family; or an amount owing pursuant to Section 17402 of the Family Code.
Note:	Application of temporary disability to satisfy child support award.
Citation:	CCP 704.160
WCC Citation:	WCC 28142000 CA

Case Name:	Coffman v. East Bay Municipal Utility District		09/12/2017
Summary:	WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA .             DAVID COFFMAN, Applicant, .             v. .             EAST BAY MUNICIPAL UTILITY DISTRICT, Defendant. .           Labor Code section 4662 provides that: .           "Any of the following permanent disabilities shall be conclusively presumed to be total in character: .           (a) Loss of both eyes or the sight thereof. .           WORKERS' COMPENSATION APPEALS BOARD .           MARGUERITE SWEENEY .           ICONCUR, .           FRANK M. BRASS .           I DISSENT. (SEE ATTACHED DISSENTING OPINION) .           DEIDRA E. LOWE .           DATED AND FILED AT SAN FRANCISCO, CALIFORNIA .           SEP 12 20'7 DISSENTING OPINION OF COMMISSIONER LOWE  .           I respectfully dissent. .           DEIDRA E. LOWE, COMMISSIONER .           DATED AND FILED AT SAN FRANCISCO, CALIFORNIA .           SEP I' 2 2017
Note:
Citation:	ADJ3821371 (OAK 0345422)
WCC Citation:	ADJ3821371 (OAK 0345422) ADJ3491292 (OAK 0345

Case Name:	Cohen v. CDCR		12/22/2011
Summary:	*fn1 CDCR contends: 1) Cohen was not a qualified individual, because there was no evidence that her attendance would have been sufficient to meet the requirements of her job even with accommodation; and 2) CDCR provided reasonable accommodation for Cohen's disability as a matter of law. In Pope's experience working with Cohen previously, she had found Cohen to be an exceptional clinician. To relieve Cohen from walking around the yard, Cohen and Pope agreed that Pope would interview prisoners and Cohen would do the research in their charts. On May 14, 2010, the jury found that CDCR did not discriminate against Cohen on account of her disability, nor did CDCR retaliate against Cohen. However, CDCR contends that there is no substantial evidence to support the jury's findings that Cohen is a qualified individual and CDCR failed to reasonably accommodate her disability.
Note:	The California Department of Corrections and Rehabilitation failed to reasonably accommodate a staff psychologist's severe anemia by making her walk long distances to the areas where she had to perform her job duties, a California appellate court ruled.
Citation:	B226762
WCC Citation:	WCC 38362011 CA

Case Name:	Cohen v. Memorial Sloan-Kettering Cancer Center		10/28/2008
Summary:	This memorandum is uncorrected and subject to revision before publication in the New York Reports. Edward Cohen, et al. , Respondents, v. Memorial Sloan-Kettering Cancer Center, et al. , Appellants. Submitted by Matthew W. Naparty, for appellants. Corp. , 93 NY2d 914 [1999]; Melber v 6333 Main St. , 91 NY2d 759, 763-64 [1998]). to which the "extraordinary protections of Labor Law 240(1) [do not] extend" (id.
Note:	The presence of two unconnected pipes protruding from a wall was not 'the risk which brought about the need for the [ladder] in the first instance.'
Citation:	00003
WCC Citation:	WCC 34472008 CA

Case Name:	Colantuono v. Lake		03/10/2021
Summary:	Filed 3/10/21 Colantuono v. Lake CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8. 1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8. 1115(b). IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO PATRICK COLANTUONO, Plaintiff and Appellant, E070592 v. (Super. Ct. No. RIC1614958) THOMAS LAKE et al. , OPINION Defendants and Respondents. INTRODUCTION On November 10, 2014, plaintiff and appellant, Patrick Colantuono, incurred an injury when he fell off a residential roof while performing work. The motion was also accompanied by declarations from Thomas and Sandra Lake. Plaintiff also submitted excerpts from the deposition testimony of Thomas Lake.
Note:	A California appellate court ruled that property owners who had hired a contractor to work on their home were shielded from liability to the contractor’s injured employee, pursuant to the Privette doctrine.
Citation:	E070592
WCC Citation:	E070592 unpublished

Case Name:	Coldiron v. Compuware; Gallagher Bassett		03/20/2002
Summary:	At that time, defendants indicated that Compuware Corporation was permissibly self-insured, by and through Gallagher Bassett Services, Inc. We now understand that for the date of the injury, Compuware was insured by Reliance National Insurance, adjusted by Gallagher Bassett Services, Inc. , as its adjusting agent. For more than five years, this case has been proceeding with information that Compuware was self-insured and adjusted by Gallagher Bassett. For over six years, in the present case, it appears Gallagher Bassett Services, Inc. [6] failed to disclose the correct entity for whom it administered applicant's claim. 3/3/99, 2/1/99, and 11/9/98 identifying the 'Carrier' as Gallagher Bassett Services for the employer Compuware Corporation.
Note:	TPA must disclose to parties and WCAB identity of client, and if a carrier anything that would affect actual liable entities. Failure = penalties.
Citation:	67 CCC 289
WCC Citation:	WCC 28472002 CA