Case Name:	E & J Gallo Winery v. WCAB		05/20/2010
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT E & J GALLO WINERY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and CARMELA GARCIA, Respondents. -ooOoo- *Before Levy, Acting P. J. , Cornell, J. , and Gomes, J. E & J Gallo (Gallo) petitions this court for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB). Gallo subsequently terminated Garcia either for not working overtime on October 17, 2006, or for misleading Gallo about the medical appointment. *fn3 On February 6, 2007, Garcia petitioned the WCAB to reopen for new and further disability based on medical reporting from Drs. Gallo also contends the WCAB inappropriately placed the burden of proof as to temporary disability on the defense rather than on Garcia.
Note:	[Unpublished] Having found the record inadequate, the WCAB appropriately exercised its power to defer making a permanent disability award and seek additional medical evidence.
Citation:	F058643
WCC Citation:	WCC 36282010 CA

Case Name:	E & J Gallo Winery v. WCAB		07/31/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT E. & J. GALLO WINERY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and JOE RUBIO, Respondents. -ooOoo- *Before Vartabedian, Acting P. J. , Gomes, J. , and Hill, J. E. & J. Gallo Winery (Gallo) petitions for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB). Gallo petitioned the WCAB for reconsideration, arguing the WCJ's denial of apportionment lacked any basis in law or fact. Gallo contends the WCAB should have reduced Rubio's permanent disability award because it met its burden of proving a prior industrial injury. As the WCAB concluded, it was Gallo that failed to meet its burden of proving apportionment due to overlapping injuries.
Note:	[Unpublished] In apportioning permanent disability, the employer carries the burden of proving that some or all of an injured worker's current level of permanent disability overlaps with a prior permanent disability.
Citation:	F055156
WCC Citation:	WCC 34052008 CA

Case Name:	E&J Gallo Winery v. WCAB (Dykes)		12/20/2005
Summary:	FACTUAL HISTORY David Dykes injured his back while working as a winery worker for E & J Gallo Winery (Gallo) in September 1996. Dykes returned to work with Gallo with a lighter duty and a medical restriction of lifting up to 50 pounds. Gallo timely petitioned the Workers' Compensation Appeals Board (WCAB) for reconsideration, contending that the Labor Code mandated subtracting the percentage, not dollar amount, of the prior award from Dyke's disability award. Gallo and the WCAB, however, contend that Dykes is not entitled to the life pension because his level of disability, after apportionment, is only 52. 5 percent. Gallo and the WCAB declined our invitation to demonstrate how this figure would be calculated for Dykes assuming a 73 percent level of disability.
Note:	Employee sustaining multiple disabling injuries while working for the same selfinsured employer is entitled to compensation for the total disability above any percentage of permanent disability previously awarded.
Citation:	134 Cal. App. 4th 1536
WCC Citation:	WCC 31342005 CA

Case Name:	Early Calif. Foods v. WCAB		02/21/1991
Summary:	Early California Foods, Petitioner v. Workers' Compensation Appeals Board of the State of California and Mike Ellis, Respondents Mike Ellis filed an application for adjudication of claim on December 17, 1987, claiming max earnings. Early California, by Argonaut Insurance Co. , filed an amended answer on December 23, 1988 but never contested earnings. Argonaut, Early California's comp carrier, was not allowed at trial to present any evidence on the issue of credit for overpayment of temporary disability at an incorrect rate. Early California sought Reconsideration, which was denied by the WCAB because the employer should know what its employees earnings were. You are counseled to consult the full case for an accurate citation.
Note:	Issues not raised in defendant's Answer may be deemed waived.
Citation:	56 CCC 137
WCC Citation:	WCC 3541991 CA

Case Name:	Eby v. Idustrial Accident Comm'n		11/20/2011
Summary:	KATHERINE EBY et al. , Petitioners, v. INDUSTRIAL ACCIDENT COMMISSION et al. , Respondents. After the accident two hammers and a wrecking bar about three feet in length were found in the automobile of the deceased. There is nothing in the record to show whether these tools belonged to the deceased or belonged to his employer. In the instant case it does not appear that the accident happened while the deceased was on any errand in the course of his employment. The question is wholly one of whether or not the evidence supports the finding of the Commission.
Note:	Evidence supports determination that injury was not in course and scope of employment despite presence of tools in employee's car.
Citation:	75 Cal.App. 280
WCC Citation:	WCC 30442025 CA

Case Name:	Edgar v. WCAB		11/28/1966
Summary:	DUANE EDGAR, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, NAVAJO FREIGHT LINES et al. , Respondents. Petitioner, a truck driver, sustained an admitted industrial injury to his left knee and back on July 14, 1964. On March 29, 1965, he filed a claim asserting that temporary disability continued and that he was in need of medical treatment. From that time to the date of the final hearing of the matter on March 15, 1966, he did not work. The minutes of the hearing show that petitioner was the only witness and that certain medical records were received in evidence.
Note:	Applicant has right to produce evidence to explain or rebut medical reports.
Citation:	246 Cal.App.2d 660, 31 CCC 376
WCC Citation:	WCC 25741966 CA

Case Name:	Edgar v. WCAB		11/28/1966
Summary:	DUANE EDGAR, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, NAVAJO FREIGHT LINES et al. , Respondents. Petitioner, a truck driver, sustained an admitted industrial injury to his left knee and back on July 14, 1964. On March 29, 1965, he filed a claim asserting that temporary disability continued and that he was in need of medical treatment. From that time to the date of the final hearing of the matter on March 15, 1966, he did not work. The minutes of the hearing show that petitioner was the only witness and that certain medical records were received in evidence.
Note:	Applicant has right to produce evidence to explain or rebut medical reports.
Citation:	246 Cal.App.2d 660
WCC Citation:	WCC 25771966 CA

Case Name:	Edgar v. WCAB (CHP)		06/24/1998
Summary:	OPINION NARES, J. - Petitioner Douglas Edgar (Edgar) seeks review of a decision of respondent Workers' Compensation Appeals Board (WCAB). Edgar was placed on leave of absence with one year of full salary under former section 4800, fn. In July 1997, WCAB issued its opinion and decision after reconsideration, rescinding the decision of the WCJ. WCAB found that CHP, in calculating the vocational rehabilitation benefits it was required to provide to Edgar, was entitled to include the weekly sum of $246 for the weeks Edgar was both receiving full leave of absence salary under former section 4800, and participating in vocational rehabilitation. WCAB concluded that CHP paid a portion of the salary benefits to Edgar in lieu of VRMA, and thus a portion of the salary 'must be included in the amounts used to calculate the cap on vocational rehabilitation benefits. '
Note:	Full leave of absence salary for 1 yr. was not in lieu of vocational rehabilation.
Citation:	65 Cal.App.4th 1, 63 CCC 703
WCC Citation:	WCC 26731998 CA

Case Name:	Edward Carey Construction Co. v. State Fund		03/25/2011
Summary:	EDWARD CAREY CONSTRUCTION COMPANY, Plaintiff and Appellant, v. STATE COMPENSATION INSURANCE FUND, Defendant and Respondent. INTRODUCTION Appellant Edward Carey Construction Co. (CCC) appeals from a judgment of dismissal, entered after the trial court sustained the demurrer of State Compensation Insurance Fund (SCIF) without leave to amend. CCC relies on Security Officers Service, Inc. v. State Compensation Insurance Fund (1993) 17 Cal. App. 4th 887 (Security Officers), and its progeny, including MacGregor Yacht Corporation v. State Compensation Insurance Fund (1998) 63 Cal. App. 4th 448 (MacGregor Yacht). "First, and most importantly, State Fund ha[d] not denied Tilbury any benefits due to Tilbury under the insurance policy. SCIF's reliance on Charles J. Vacanti, M. D. , Inc. v. State Compensation Insurance Fund (2001) 24 Cal. 4th 800 (Vacanti), is misplaced.
Note:	A corporation may sue State Fund for a bad faith denial of benefits, despite the fact that the alleged bad faith damages arose from a claim filed by the employee/owner of the corporation.
Citation:	A128047
WCC Citation:	WCC 37372011 CA

Case Name:	Elayne Valdez v. Warehouse Demo Services		04/20/2011
Summary:	WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. ADJ7048296 ELAYNE VALDEZ, Applicant, vs. OPINION AND DECISION AFTER RECONSIDERATION (EN BANC) WAREHOUSE DEMO SERVICES; ZURICH NORTH AMERICA, Adjusted by ESIS, Defendant(s). BACKGROUND Applicant Elayne Valdez filed a claim for industrial injury to her back, right hip, neck, right ankle, right foot, right lower extremity, lumbar spine and both knees, while employed as a demonstrator for Warehouse Demo Services on October 7, 2009. While the WCJ deferred the issue of MPN, he nevertheless rejected defendants argument that reports of non-MPN doctors are inadmissible. An MPN is established by an employer or insurer subject to the approval of the administrative director (AD). 8, 9762. 1 through 9762. 3. ) The statutory and regulatory scheme also imposes several other obligations upon both the insurer/employer and the injured worker.
Note:	California workers' compensation judges may not admit as evidence reports from doctors who are not a part of the employer's medical provider network if that MPN was validly established and properly noticed.
Citation:	ADJ7048296
WCC Citation:	WCC 37512011 CA