Login


Notice: Passwords are now case-sensitive

Remember Me
Register a new account
Forgot your password?

Case Law Library



 
Case Name: County of Sacramento v. WCAB (Estrada) 01/07/1999
Summary: COUNTY OF SACRAMENTO, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and PAMELA ESTRADA, Respondents. OPINION NICHOLSON, J. - The County of Sacramento sought a writ of review in this court after the Workers' Compensation Appeals Board (the Board) upheld the award of temporary benefits to respondent Pamela Estrada. 1 In March 1992, Estrada was employed by the county as a work project inmate and injured her back on the job. The county, however, objected to this procedure because, by statute, discovery closed on the date of the settlement conference. In addition, she found that the report of Dr. Michael Kasman, submitted by the county, was inadmissible because the county was not entitled to a rebuttal QME.
Note: Judge improperly left open discovery to get supp. med. report after MSC.
Citation: 68 Cal.App.4th 1429, 64 CCC 26
WCC Citation: WCC 25501999 CA
 
 
Case Name: County of Sacramento v. WCAB (McCartney) 07/11/2017
Summary: This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115(a).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 THIRD APPELLATE DISTRICT .             COUNTY OF SACRAMENTO, Petitioner, .             v. .             WORKERS’ COMPENSATION APPEALS BOARD and JONATHON SCOTT MCCARTNEY, Respondents. .             McCartney was diagnosed with actinic keratosis in October 2013. .           In this case, the qualified medical examiner (QME) testified to the following, among other things: .           1. .           MAURO , J. McCartney’s employing entity is a County subdivision (“County of Sacramento Contracts”); as his counsel put it, “It’s a technical thing. )Â
Note:
Citation: C082282
WCC Citation: WCAB No. ADJ9510323
 
 
Case Name: County of Sacramento v. WCAB (Weatherall) 01/11/2000
Summary: COUNTY OF SACRAMENTO, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD AND GLENNIS WEATHERALL, etc. , Respondents. After a June 14, 1995, claim for benefits on behalf of the widow and minor daughter was filed, Sacramento County (County) raised statute of limitation issues and the parties disputed whether a 'cumulative' injury had been pleaded. The Workers' Compensation Judge (WCJ) issued a decision finding in part death was not 'due to a specific job event. ''This trial judge approached the issues in this case from the factual basis established in part by the parties stipulations. (d)(2); see County of Sacramento v. Workers' Comp.
Note: Board must have Good Cause to set aside stipulations of parties.
Citation: 77 Cal. App. 4th 1114, 65 CCC 1
WCC Citation: WCC 3972000 CA
 
 
Case Name: County of San Bernardino v. WCAB 10/04/2007
Summary: Filed 10/4/07 County of San Bernardino v. WCAB 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 THE COUNTY OF SAN BERNARDINO, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and ROBERT SCHROEDER, Respondents. Ruth E. Stringer, Acting County Counsel, and Sandra Grajeda, Deputy County Counsel for Petitioner. Petitioner County of San Bernardino (County), as the affected employer, seeks review and annulment of an order of the Workers' Compensation Appeals Board (Board) affirming the award in favor of applicant Robert Schroeder (applicant). FACTS Applicant was employed as a firefighter and later as a battalion chief by the County of San Bernardino from 1969 until November 7, 1999, his last day on the job.
Note: [Unpublished] Successive, specific industrial injuries to different parts of the body cannot be rated together simply because they share one date of injury.
Citation: E041757
WCC Citation: WCC 32652007 CA
 
 
Case Name: County of San Bernardino v. WCAB (McCoy) 02/29/2012
Summary: COUNTY OF SAN BERNARDINO v. WORKERS' COMPENSATION APPEALS BOARD COUNTY OF SAN BERNARDINO, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and JOHN McCOY, Respondents. Jean-Rene Basle, County Counsel, and Eric K. Yee, Deputy County Counsel, for Petitioner. County of San Bernardino (County) contends that the Workers' Compensation Appeals Board (Board) erred when it awarded benefits to John McCoy for migraine headaches he suffered. FACTUAL AND PROCEDURAL BACKGROUND McCoy worked as an automated systems technician for the County. The workers' compensation judge (WCJ) found that the injuries were not compensable as argued by County.
Note: An employer's use of the good faith personnel action defense in Labor Code 3208.3 barred a technician's claim for migraine headaches.
Citation: E053173
WCC Citation: WCC 38642012 CA
 
 
Case Name: County of San Diego v. WCAB (Pike) 03/06/2018
Summary: Filed 3/6/18 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA .             COUNTY OF SAN DIEGO, Petitioner, .             v. .             WORKERS' COMPENSATION APPEALS BOARD and KYLE PIKE, Respondents. .             D072648 .             (WCAB No. ADJ7811907) .             Petition for writ of review from an order of the Workers' Compensation Appeals Board. .             Thomas E. Montgomery, County Counsel, and David E. Shamsky, Deputy County Counsel, for Petitioner. D. The County's petition for reconsideration .           The County filed a petition for reconsideration. .           WE CONCUR: .           HUFFMAN, Acting P. J.
Note:
Citation: D072648
WCC Citation: WCAB No. ADJ7811907
 
 
Case Name: County of San Joaquin v. WCAB and James Davis 02/27/2006
Summary: STK164337 & STK164334) COUNTY OF SAN JOAQUIN, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and JAMES DAVIS, Respondents. The County of San Joaquin (County) petitions this court for a writ of review of the Workers' Compensation Appeals Board's (Board) decision that James Davis (Davis) is a maximum wage earner for purposes of calculating his temporary and permanent disability indemnity benefits. Fifty-five year-old Davis was employed as an attorney at State Fund and paid a monthly salary of $7,299. Subdivision (c)(2) contemplates an hourly rate of pay and neither the County nor State Fund paid Davis an hourly rate. Here, there were no "aggregate earnings" because as a state worker,*fn 6* Davis did not earn wages from the County.
Note: An attorney injured in the course of his jury duty was properly compensated at an amount reflecting his maximum earning capacity, rather than the $5 per day wage for jury duty.
Citation: 147 Cal. App. 4th 1459
WCC Citation: WCC 32092006 CA
 
 
Case Name: County of San Joaquin vs. WCAB (Sepulveda) 04/21/2004
Summary: COUNTY OF SAN JOAQUIN et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD et al. , Respondents. Paragraph 6 recites "PERMANENT DISABILITY INDEMNITY" of $2,442. 87 will be deducted, "LEAVING A BALANCE of $ $21,55713, less approved attorney fee . Vons Companies, Inc. v. WCAB (1998) 63 Cal. Comp. Cases 276 (Vons) is a Court of Appeal opinion not published in the California Official Reports. DISPOSITION The WCAB decision is annulled and the cause is remanded for proceedings consistent with this opinion. County of San Joaquin shall recover costs on this appeal.
Note: Carrier may take credit for PDAs not specifically set forth in C&R.
Citation: 117 Cal.App.4th 1180
WCC Citation: WCC 29842004 CA
 
 
Case Name: County of San Luis Obispo v. WCAB (Martinez) 09/29/2005
Summary: The County of San Luis Obispo (County) petitions for a writ of review to determine the lawfulness of a decision of the Workers' Compensation Appeals Board (WCAB) finding the County discriminated against its employee, Art Martinez, for sustaining a work-related injury. )*fn1 The County contends it permissibly took Martinez off work because his medical restrictions were inconsistent with the requirements of his job. Based on Dr. Kissel's revised opinion, the County permitted Martinez to return to work on February 23, 2003. The WCAB also erred by focusing on what the County knew at the time it returned Martinez to work. The WCAB also found discrimination because the County did not obtain an additional medical opinion before it terminated Martinez.
Note: To establish discrimination, an employee must show that he was singled out for disadvantageous treatment because of his injury.
Citation: 133 Cal. App. 4th 641
WCC Citation: WCC 31272005 CA
 
 
Case Name: County of San Mateo v. WCAB 07/13/1982
Summary: COUNTY OF SAN MATEO, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and WENDY R. WARREN, Respondents. This petition by the County of San Mateo challenges an award of enhanced disability benefits granted under the authority of Labor Code section 4850. fn. The county paid temporary disability benefits, but at the normal rate of $154 per week, not at a rate equal to Ms. Warren's salary. Petitioner relies heavily upon the decision in Collins v. County of Los Angeles (1976) 55 Cal. App. 3d 594 [126 Cal. Rptr. 541]. He sought writ of mandate to compel the county to pay him his full salary in lieu of temporary disability payments.
Note: Not entitled to full salary leave of absence when injury occurred after nonmedical resignation.
Citation: 133 Cal.App.3d 737, 47 CCC 739
WCC Citation: WCC 26791982 CA
 
211 Results Page 19 of 22