Case Name:	City of Pomona v. Heiselt		10/19/2012
Summary:	CITY OF POMONA v. HEISELT THE CITY OF POMONA, Plaintiff and Respondent, v. LEONARD HEISELT, Defendant and Appellant. INTRODUCTION Defendant and appellant Leonard Heiselt appeals from an order granting a permanent injunction pursuant to Code of Civil Procedure, section 527. 8*fn1 . S. Johnson testified that she went to the restroom, and when she exited it she saw City of Pomona Police Department Officer Brian Hagerty, assigned to plaintiff's crime prevention unit, in the hallway. Millard submitted a declaration in support of the injunction stating that defendant went into the human resources department in City Hall "unannounced and without any scheduled appointment. "There is evidence that multiple employees expressed concern that defendant would return to City Hall, armed, and seek to injure them.
Note:	The California 2nd District Court of Appeals on Friday upheld a permanent injunction that bars a former Pomona police officer with a history of angry confrontations with workers' compensation claims managers from possessing firearms and visiting City Hall.
Citation:	B234603
WCC Citation:	WCC 39482012 CA

Case Name:	City of Richmond v. Comm. on State Mandates		05/28/1998
Summary:	CITY OF RICHMOND, Plaintiff and Appellant, v. COMMISSION ON STATE MANDATES, Defendant and Respondent; DEPARTMENT OF FINANCE, Real Party in Interest and Respondent. Dwight L. Herr, County Counsel (Santa Cruz), Ronald R. Ball, City Attorney (Carlsbad), Michael G. Colantuono, City Attorney (Cudahay), William B. Conners, City Attorney (Monterey), Jonathan B. In 1992, David Haynes, a police officer for the City of Richmond (Richmond), was killed in the line of duty. Richmond filed a test claim with the Commission on State Mandates (the Commission), contending chapter 478 created a state-mandated local cost. It reads, 'if the Commission on State Mandates determines that this act contains costs mandated by the state, .
Note:	Provides a coordination or offset for workers' comp. death benefits when benefit under PERS is payable.
Citation:	64 Cal.App.4th 1190, 63 CCC 733
WCC Citation:	WCC 24651998 CA

Case Name:	City of San Diego v. WCAB, Molnar		06/20/2001
Summary:	CITY OF SAN DIEGO, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and STEPHEN E. MOLNAR, Respondents. COUNSEL Casey Gwinn, City Attorney, Anita M. Noone, Assistant City Attorney, and Robert J. Mulcahy, Deputy, for Petitioner. Thereafter, Molnar submitted a claim for workers' compensation benefits to his employer, the City of San Diego (the City), which is self-insured for workers' compensation purposes. The City denied the claim on the ground that the going and coming rule applied to preclude recovery for his injuries. Pursuant to one such policy and a memorandum of understanding between the San Diego Police Officers Association and the San Diego Police Department, Molnar received overtime compensation for testifying on an off-duty day.
Note:	Police officer commuting to testify precluded by 'going and coming' rule.
Citation:	89 Cal.App.4th 1385
WCC Citation:	WCC 28542001 CA

Case Name:	City of Santa Ana v. WCAB		04/22/2008
Summary:	Filed 4/22/08 City of Santa Ana v. WCAB (Smith) 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 CITY OF SANTA ANA, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and DONALD K. SMITH, Respondent. Defendant City of Santa Ana (City) seeks review of an order of the Workers' Compensation Appeals Board (WCAB or Board) denying reconsideration of the award to Donald K. Smith (applicant). FACTS Applicant is a 69-year-old retired firefighter who worked for City from 1968 to December 19, 1989, his last day on the job. Accordingly we find that City did establish the statute of limitations defense with regard to applicant's skin cancer claim.
Note:	[Unpublished] Because applicant was not diagnosed with having any heart condition until 2003, his claim filed a few months thereafter is not time barred under Labor Code sections 5404 and 5412.
Citation:	E043714
WCC Citation:	WCC 33482008 CA

Case Name:	City of Santa Ana v. WCAB		01/25/1982
Summary:	CITY OF SANTA ANA, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and THOMAS E. TAYLOR, Respondents. OPINION KAUFMAN, J. Petitioner, City of Santa Ana (city), seeks review and annullment of orders of the Workers' Compensation Appeals Board (Board) that, in effect, award respondent Thomas E. Taylor (applicant) permanent disability benefits on a disability rating of 56 percent based upon its determination that the applicant is limited to 'light work. 'The applicant was employed as a police officer by the city which is legally uninsured. Industrial injury was admitted by the city in respect to one of the claims and disputed in the other. It is little wonder that the WCAB trial judge did not submit rating instructions based on a 'light work' restriction.
Note:	On review, test of substantiality must be based on entire record, not isolated evidence.
Citation:	128 Cal.App.3d 212, 47 CCC 59
WCC Citation:	WCC 26121982 CA

Case Name:	City of Sebastopol v. WCAB (Braga)		08/28/2012
Summary:	CITY OF SEBASTOPOL v. WORKERS' COMPENSATION APPEALS BOARD CITY OF SEBASTOPOL, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and WILLIAM BRAGA, Respondents. City contends, regardless of the fact Braga lost no time from work, section 4658(d)(3)(A) entitled City to decrease his permanent disability indemnity (PDI) by 15 percent because City made him a timely return to work offer. Comp. P. D. LEXIS 9 (Audiss), the WCAB adopted the position urged by City. City filed a timely petition for review of the WCAB decision. City also argues that the WCAB's interpretation of section 4658(d)(A)(3) penalizes City for accommodating Braga in order to keep him on the job.
Note:	A Northern California city was not entitled to benefit from the Labor Code's 'bump-up, bump-down' incentive for employers to return injured employees to work when the applicant missed no time on the job.
Citation:	A134803
WCC Citation:	WCC 39262012 CA

Case Name:	City of South Pasadena v. Public Employment Relations Board (Snider)		02/26/2021
Summary:
Note:	A California appellate court upheld an administrative determination that a municipal employer retaliated against a firefighter for engaging in protected union activities but that he had also misused his leave time.
Citation:	B304596
WCC Citation:	B304596

Case Name:	City of South Pasadena v. Public Employment Relations Board (Snider),		02/26/2021
Summary:
Note:	A California appellate court upheld an administrative determination that a municipal employer retaliated against a firefighter for engaging in protected union activities but that he had also misused his leave time.
Citation:	B304596
WCC Citation:	B304596

Case Name:	City of South San Francisco v. WCAB (City of Pacifica)		02/26/2018
Summary:	Filed 2/26/18 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE .             CITY OF SOUTH SAN FRANCISCO, Petitioner, .             v. .             WORKERS’ COMPENSATION APPEALS BOARD and CITY OF PACIFICA, Respondents. .             A151857 .             (W. C. A. B. No. ADJ2151993) .             Richard Johnson worked successively as a firefighter for the City of South San Francisco (CSSF) and for the City of Pacifica (Pacifica). [¶] . [We] may not reweigh the evidence or decide disputed questions of fact,” ’ ” ’ ” unless we determine the WCAB’s factual findings to be “ ‘ “ ‘ “unreasonable, illogical, improbable or inequitable when viewed in light of the overall statutory scheme. ” ’ ” ’ ” (City of Long Beach v. Workers’ Comp. [¶] .
Note:
Citation:	A151857
WCC Citation:	W.C.A.B. No. ADJ2151993

Case Name:	City of Stockton v. WCAB (Jenneiahn)		01/27/2006
Summary:	FACTS Sean Jenneiahn is employed as a police officer by the City of Stockton (the City). However, in the basement of the police department, the City maintains a gymnasium and workout facility that is available for officers' use. The facility where the injury occurred is owned and operated by the Stockton Police Officers' Association (SPOA), not by the City. Because the pool was located beyond the area under its control, the employer could not prohibit the employee from swimming in the pool. (Taylor, supra, 199 Cal. App. 3d at p. 216; see also Fireman's Fund, supra, 39 Cal. 2d at p. 534; City of Los Angeles, supra, 91 Cal. App. 3d at p.
Note:	Police officer injured while playing in a pickup game of basketball at a private facility not entitled to workers' compensation benefits.
Citation:	135 Cal. App. 4th 1513
WCC Citation:	WCC 31372006 CA