Case Name:	City of Fresno v. 21st District Agricultural Assn.		02/28/2018
Summary:	This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115(a).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 FIFTH APPELLATE DISTRICT .             CITY OF FRESNO, Plaintiff and Appellant, .             v. .             21ST DISTRICT AGRICULTURAL ASSOCIATION, Defendant and Respondent. .             F073957 .             (Super. Ct. No. 14CECG02830) .             OPINION .             APPEAL from a judgment of the Superior Court of Fresno County. The City of Fresno (City) entered into a written contract with the 21st District Agricultural Association, Big Fresno Fair (District) whereby the City agreed to provide onsite police protection and law enforcement services to the Big Fresno Fair (contract). .           _____________________ HILL, P. J. .           WE CONCUR: .           _____________________ GOMES, J.
Note:
Citation:	F073957
WCC Citation:	Super. Ct. No. 14CECG02830

Case Name:	City of Fresno v. WCAB		09/25/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT CITY OF FRESNO, Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and LILLIE WILSON, Respondents. The City of Fresno (City) petitions for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB) contending the WCAB applied the incorrect permanent disability rating schedule (PDRS). BACKGROUND Lillie Wilson injured herself lifting a case of bottled water while working for the City on June 25, 2003. The City admitted the accident caused injury to Wilson's lower back, but disputed whether she also injured her spine, lower extremities, right hip, and psyche. Sufficient evidence therefore existed for the WCAB to find a pre-2005 "indication of permanent disability" warranting the use of the 1997 PDRS.
Note:	[Unpublished] Sufficient evidence existed for the WCAB to find a pre-2005 'indication of permanent disability' warranting the use of the 1997 PDRS.
Citation:	F055670
WCC Citation:	WCC 34302008 CA

Case Name:	City of Fresno v. WCAB (O'Brien)		08/26/2011
Summary:	COUNTY OF FRESNO v. WORKERS' COMPENSATION APPEALS BOARD COUNTY OF FRESNO et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and PATRICK O'BRIEN, Respondents. NOT TO BE PUBLISHED IN OFFICIAL REPORTS OPINION THE COURT* The County of Fresno (Fresno)*fn1 petitions for a writ of review from an order of the Workers' Compensation Appeals Board (WCAB). While the WCAB applied a somewhat different analysis here, the Supreme Court has since clarified that neither application of the COLA is correct. BACKGROUND Patrick O'Brien was employed by Fresno as a deputy sheriff when, on April 25, 2003, he was struck by a drunk driver and ejected from his vehicle. *fn3 On June 30, 2010, the WCAB denied reconsideration, adopting and incorporating the WCJ's reasoning as its own.
Note:	The 5th District Court of Appeal remanded a cost-of-living adjustment case back to the Workers' Compensation Appeals Board, in light of the state Supreme Court's recent ruling on the issue.
Citation:	F060628
WCC Citation:	WCC 37962011 CA

Case Name:	City of Jackson v. WCAB (Rice)		04/26/2017
Summary:	Filed 4/26/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) .             CITY OF JACKSON, Petitioner, .             v. .             WORKERS’ COMPENSATION APPEALS BOARD and CHRISTOPHER RICE, Respondents. .             C078706 .             (WCAB No. ADJ8701916) .             ORIGINAL PROCEEDING; petition for writ of review. .             Lenahan, Lee, Slater & Pearse and Charles S. Templeton for Petitioner. .             Mastagni Holstedt, Eric D. Ledger and Edward W. Lester for Respondent Christopher Rice. .           We concur: .           /s/ Hoch, J.
Note:
Citation:	C078706
WCC Citation:	WCAB No. ADJ8701916

Case Name:	City of La Mesa v. California Joint Powers Ins. Authority		07/18/2005
Summary:	CITY OF LA MESA, Plaintiff and Appellant, v. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY, Defendant and Respondent. [131 Cal. App. 4th 68] OPINION JONES, P. J. - City of La Mesa (City) appeals a summary judgment in favor of California Joint Powers Insurance Authority (JPIA) in its action to recover the balance of City's "equity account" held by JPIA. City disputes the enforceability of Article 24(a) of the joint powers agreement, which provides that members' deposits shall not be returned upon withdrawal. 1 BACKGROUND Joint Powers Authority Agreement Since 1949, the Joint Exercise of Powers Act has permitted two or more municipalities to form a joint powers authority which they agree will exercise any power that each municipality has power to exercise individually. JPIA was originally called the Southern California Joint Powers Insurance Authority.
Note:	Government Code section 6512.2, which authorizes contractual limitations onthe return of any surplus deposits, applies retroactively.
Citation:	131 Cal.App.4th 66
WCC Citation:	WCC 31432005 CA

Case Name:	City of LA v. IAC (Fraide)		08/27/1965
Summary:	COUNSEL Roger Arnebergh, City Attorney, Bourke Jones and Edwin F. Shinn, Assistant City Attorneys, and J. David Hanson, Deputy City Attorney, for Petitioner. Since February 1948 the city has paid Fraide a disability pension from the City of Los Angeles Fire and Police Pension Fund. Article XVII of the City of Los Angeles Charter establishes a system of pensions for city firemen and policemen. In that case the commission had granted the city a credit for the disability [63 Cal. 2d 245] pensions paid. 375 [199 P. 508]; Stan v. California Golf Club (1943) 8 Cal. Comp. Cases 209 [wages]; Brooks v. City of Los Angeles 61 L. A. [I. A. C. ] 227-108 [wages required by ordinance]. )
Note:	Employer entitled to no more than a partial credit against its workmen's compensation liability commensurate with the proportion of its tax payments to the fund.
Citation:	63 Cal.2d 242, 30 CCC 243
WCC Citation:	WCC 24501965 CA

Case Name:	City of LA vs. IAC (Clark)		04/19/1963
Summary:	CITY OF LOS ANGELES, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, WILLIAM A. CLARK et al. , Respondents. COUNSEL Roger Arnebergh, City Attorney, Bourke Jones, Edwin F. Shinn, Assistant City Attorneys, and J. David Hanson, Deputy City Attorney, for Petitioner. The charges were for X-rays, examination and report and are not contested by Clark or the city. He was not brought in as a witness by means of the subpoena issued at the instance of the city. To be sure, the city owed him no more than the customary witness fee, but he was not claiming that the city owed him anything.
Note:	Physician testimony at hearing is a medical-legal expense above witness fee.
Citation:	215 Cal.App.2d 310, 28 CCC 94
WCC Citation:	WCC 3691963 CA

Case Name:	City of Laguna Beach v. CIGA		03/03/2010
Summary:	We therefore conclude that the trial court properly invoked the Denny's rule when it granted summary judgment and concluded that the appellant City of Laguna Beach (City) cannot obtain reimbursement from respondent California Insurance Guarantee Association (CIGA) under section 1063. 1, subdivision (c)(13). In addition, because Reliance was insolvent, the City sought reimbursement from CIGA. The City's action The City sued CIGA and Continental and requested a declaration that they owe the City reimbursement. Finally, the City contends that CIGA failed to meet its burden of proof. We agree that the initial burden of proof rested on CIGA, not the City.
Note:	CIGA need not reimburse a permissibly self-insured employer for benefits paid to an employee for cumulative injury if the employer's liability is based in part on a period of time when the employer was self-insured and chose not to buy excess insurance for the particular risk.
Citation:	B214027
WCC Citation:	WCC 36062010 CA

Case Name:	City of Long Beach vs. WCAB (Garcia)		01/31/2005
Summary:	City of Long Beach v. Workers' Compensation Appeals Board, No. B173437 (Cal. App. Dist. 2 01/31/2005) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE No. B173437 January 31, 2005 CITY OF LONG BEACH, PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD AND DAVE A. GARCIA, RESPONDENTS. CERTIFIED FOR PUBLICATION INTRODUCTION Dave A. Garcia, a police officer employed by petitioner the City of Long Beach (the City), contracted kidney cancer during his employment. Garcia's Claim and Hearing Before the WCJ Garcia became employed as a police officer for the City on February 12, 1991. On January 20, 2002, while still employed by the City as a police officer, 35-year-old Garcia was diagnosed with kidney cancer. The WCAB denied reconsideration, citing the WCAB's en banc decision in Faust v. City of San Diego (2003) 68 Cal. Comp. Cases 1822.
Note:	A mere showing of absence of medical evidence is insufficient to rebut the peace officer's cancer presumption.
Citation:	126 Cal. App. 4th 298
WCC Citation:	WCC 30752005 CA

Case Name:	City of Los Angeles v. WCAB		10/25/2007
Summary:	Rockard J. Delgadillo, City Attorney, Valentin F. Dinu, Managing Attorney, Karl L. Moody, Deputy City Attorney, for Petitioner. Jose had received the bonus since his employment with City began in 1985 and he had maintained his CPA license for years before he was hired by City. Some of the training offered by City may have been credited toward a CPA license, but City did not offer sufficient classes for CPA licensure. c. Personal Self-improvement In a similar situation, City of Los Angeles v. Workers' Comp. (City of Los Angeles, at pp.
Note:	The commercial traveler doctrine and the special mission exception were incorrectly applied by the lower court in finding that the decedent's death was in the course of his employment and so, the decision is reversed.
Citation:	157 Cal. App. 4th 78
WCC Citation:	WCC 32712007 CA