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Case Law Library

Case Name: Draper v. Aceto 11/01/2001
Note: Subrogation: contingency fee attorney gets nothing if net result to client is zero.
Citation: 26 Cal.4th 1086, 66 CCC 1297
WCC Citation: WCC 28242001 CA
Case Name: Drasin & Assoc. v. WCAB 02/28/1992
Note: WCAB should request counsel for info to determine fee if record lacks basis to value services.
Citation: 3 Cal.App.4th 1564, 57 CCC 142
WCC Citation: WCC 26841992 CA
Case Name: Draus v. WCAB 02/21/1995
Note: Lien claimant's failure to timely object to C&R clause settling lien does not waive right to hearing when clause is ambiguous.
Citation: 60 CCC 79
WCC Citation: WCC 27511995 CA
Case Name: DuBois v. WCAB 06/28/1993
Note: UEF not liable for penalties from unreasonable delay in payment of award.
Citation: 5 Cal.4th 382, 58 CCC 286
WCC Citation: WCC 24391993 CA
Case Name: Duenas v. WCAB 08/19/2010
Note: A homeowner who hired a landscaper to replant some flower beds at his home was not an employer for workers' compensation purposes because there was no evidence the applicant had worked long enough to waive the statutory exclusion for casual labor.
Citation: B215894
WCC Citation: WCC 36582010 CA
Case Name: Duffy v. Technicolor Entertainment Services 01/29/2009
Note: Exclusive remedy does not apply to an employer that failed to protect a supervisor from an off-premises assault by a workplace bully.
Citation: B196126
WCC Citation: WCC 34862009 CA
Case Name: DuFour v. WCAB 08/09/2007
Note: [Unpublished] The WCAB properly declined to presume [decedent's] death arose out of and in the course of his employment.
Citation: F052954
WCC Citation: WCC 32472007 CA
Case Name: Dufresne v. City of Hayward 03/25/2009
Note: [Unpublished] The Superior Court did not err by admitting a plaintiff's evidence of her workers' compensation claim for psychiatric injury that allegedly resulted from years of sexual harassment.
Citation: A116737
WCC Citation: WCC 35072009 CA
Case Name: Duncan v. Wal-Mart Stores Inc. 12/31/1969
Note: Outlines why insurance companies have the right to recoup their workers’ compensation expenses from an applicant's third-party award before the worker can touch the money, and why judges can’t make any deductions from the recoupment other than attorney’s fees.
Citation: G054220
WCC Citation: Super. Ct. No. 30-2014-00735595
Case Name: Duncan v. Walmart Stores (Hartford Accident & Indemnity Co.) 12/31/1969
Note: An insurance carrier has the right to reimbursement of the benefits it paid to an injured worker from her recovery from a third party.
Citation: G054220
WCC Citation: Super. Ct. No. 30-2014-00735595
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