Case Name:	Fireman's Fund Insurance Co. v. WCAB		01/29/2010
Summary:	Filed 1/29/10 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- FIREMAN"S FUND INSURANCE COMPANY, Petitioner, v. WORKERS"COMPENSATION APPEALS BOARD, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION et al. , Respondents. Guilford Steiner Sarvas & Carbonara, LLP, Richard E. Guilford; Hanna, Brophy, MacLean, McAleer & Jensen, LLP, for Respondent California Insurance Guarantee Association. There was, however, no appellate decision or WCAB decision considering CIGA"s liability in a successive injuries case such as this. Code), CIGA provides "insolvency insurance" against loss arising from the failure of an insolvent insurer to discharge its obligations under its insurance policies. Although funded by a compulsory membership of insurance companies doing business in California, CIGA "was created to provide a limited form of protection for insureds and the public, not to provide a fund to protect insurance carriers. "
Note:	Where the law is unsettled regarding CIGA's liability, a party negotiating with CIGA should ordinarily be entitled to rely on CIGA's reasoned evaluation of its own authority.
Citation:	C062019
WCC Citation:	WCC 35952010 CA

Case Name:	Fireman's Fund Insurance Co. v. Workers' Compensation Appeals Board		10/12/2010
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE No. B215486 October 12, 2010 FIREMAN'S FUND INSURANCE COMPANY ET AL. , PETITIONERS, v. WORKERS' COMPENSATION APPEALS BOARD AND CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, RESPONDENTS. Payday was insured for workers' compensation by Reliance National Indemnity Co. (Reliance) and Rocket Science was insured for workers' compensation by Fireman's Fund Insurance Co. (Fireman's Fund). Rocket Science and Fireman's Fund asked to be dismissed as defendants by the Workers' Compensation Appeals Board (WCAB). Payday was insured for workers' compensation by Reliance and Rocket Science was insured for workers' compensation by Fireman's Fund. Therefore, the Fireman's Fund policy was not other insurance under Insurance Code section 1063. 1, subdivision (c)(9), so that the motion for dismissal should have been granted.
Note:	A special employer is liable for a Temptation Island producer's back injury after his general employer's workers' compensation carrier went insolvent, because the special employer's comp policy qualifies as 'other insurance' under the Insurance Code.
Citation:	B215486
WCC Citation:	WCC 36772010 CA

Case Name:	Fitch v. Select Products Co.		08/01/2005
Summary:	Filed 8/1/05 IN THE SUPREME COURT OF CALIFORNIA DAVID JAY FITCH, a Minor, etc. , et al. , Plaintiffs and Respondents, v. SELECT PRODUCTS COMPANY, San Bernardino County Defendant; STATE DEPARTMENT OF HEALTH SERVICES, Claimant and Appellant. The answer is "no. " I Elan Jay Fitch (Fitch or decedent) contracted cancer while working for the Southland Corporation (Southland) as a diesel mechanic. In September 1993, Fitch died of the cancer, survived by his wife, Dianne, and three minor children. The complaint named Select Products Company (Select) as one of the defendants, alleging that Fitch's illness and death was caused by a coating product manufactured by Select that Fitch had used in his work. Plaintiffs' wrongful death action proceeded to trial against Select alone (other defendants had either settled or been dismissed).
Note:	Medi-Cal lien cannot be asserted in wrongful death action that does not include medical expenses.
Citation:	36 Cal.4th 812
WCC Citation:	WCC 31112005 CA

Case Name:	Flahavan v. SCIF		09/01/2011
Summary:	FLAHAVAN v. STATE COMPENSATION INSURANCE FUND WILLIAM FRANCIS FLAHAVAN, Plaintiff and Appellant, v. STATE COMPENSATION INSURANCE FUND, Defendant and Respondent. On February 16, 2006, Flahavan filed a first amended class action complaint for breach of contract, breach of trust, and a violation of the UCL (Bus. Flahavan filed a motion for summary adjudication and the State Fund filed a second motion for summary judgment and/or summary adjudication. Flahavan filed two motions for summary adjudication and the State Fund filed a motion for summary judgment. Accordingly, Flahavan has waived mounting any challenge to the lower court's ruling on his UCL claim.
Note:	State Fund has no obligation to pay its policyholders interest on deposit premiums, the 1st District Court of Appeal ruled in an unpublished decision.
Citation:	A128280
WCC Citation:	WCC 37972011 CA

Case Name:	Fleetwood Enterprises, Inc. v. WCAB (Moody)		12/16/2005
Summary:	We conclude that they did not and that applicant's employer, Fleetwood Enterprises, Inc. , is not obliged to provide workers' compensation benefits with respect to the accident. Applicant was employed by Fleetwood as a design manager, and at the time of the accident had worked for Fleetwood for about 30 years. During the trip, applicant used an American Express card in his name, but which was actually a Fleetwood business card. These expenses were primarily funded through Fleetwood's group health program rather than workers' compensation, although Fleetwood apparently directly paid some of the extraordinary expenses and care upgrades. However, it is clear that the medical care was paid either by Fleetwood's company health insurance carrier, or by Fleetwood itself.
Note:	Injury sustained while on pleasure trip is not compensable under the going and coming rule.
Citation:	134 Cal. App. 4th 1316
WCC Citation:	WCC 31322005 CA

Case Name:	Flethez v. San Bernardino County Employees Retirement Association		03/02/2017
Summary:	.             S226779 .             Ct. App. 4/1 D066959 .             San Bernardino County Super. Ct. No. CIVDS 1212542 .             In this action for a writ of mandamus, the superior court determined that San Bernardino County Employees Retirement Association (SBCERA) wrongfully denied Frank Flethez the correct starting date for his disability retirement allowance. A county%u201Fs retirement system is administered by a county retirement board, under the County Employees Retirement Law of 1937. The Flethez Matter5  .           In 1990, Flethez became an employee of San Bernardino County (County). In addition to the briefs of the parties, we have received an amicus curiae brief from the Alameda County Employees%u201F Retirement Association, Kern County Employees%u201F Retirement Association, Los Angeles County Employees%u201F Retirement Association, Marin County Employees%u201F Retirement Association, Sacramento County Employees%u201F Retirement Association, San Joaquin County Employees%u201F Retirement Association, Tulare County Employees%u201F Retirement Association, and Ventura County Employees%u201F Retirement Association.
Note:
Citation:	S226779
WCC Citation:	San Bernardino County Super. Ct. No. CIVDS 12

Case Name:	Flores v. Prime Time Products		10/20/2008
Summary:	Plaintiff Adolfo Flores appeals a judgment confirming an arbitration award in his unlawful discrimination and wrongful termination action against defendants Prime Time Products, Inc. , Mainland Products, Inc. , Dan Hammond, and John Hammond (together Defendants). FACTUAL AND PROCEDURAL BACKGROUND*fn1 In 1996 Flores became employed by Prime Time Products, Inc. (PT) as its general manager of manufacturing operations. However, after commencement of the litigation, [Flores], under oath, identified the handbooks [e. g. , Manual] as 'implied contracts' between [Flores] and [Defendants]. The arbitrator concluded: "$15,000 is awarded [to Flores] for the retaliation and discrimination claims because damages have been substantially mitigated. "Its case heading correctly identified Flores as the plaintiff and "Prime Time Products, Inc. , et al. " as the defendants.
Note:	[Unpublished] Policy #293 was a contract of adhesion and oppressive.
Citation:	D052205
WCC Citation:	WCC 34372008 CA

Case Name:	Flores v. WCAB		04/11/1974
Summary:	FERNANDO G. FLORES, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, ART FALCON et al. , Respondents In Bank. Because the Workmen's Compensation Appeals Board (WCAB) reached a contrary conclusion in this case, we annul that decision and remand the matter to the board. The applicant, Fernando Flores, suffered an industrial injury while employed by Art Falcon. Prior to 1971, a worker who was injured while working for an uninsured employer was given the right both to seek compensation before the WCAB and to institute a civil suit for damages. 3 When a worker chose to proceed before the WCAB, Labor Code sections 4554 and 4555 fn.
Note:	The obligation of Uninsured Employers Fund is same as uninsured employer
Citation:	11 Cal.3d 171, 39 CCC 289
WCC Citation:	WCC 24111974 CA

Case Name:	Flowmaster, Inc. v. Superior Court		06/23/1993
Summary:	FLOWMASTER, INC. , Petitioner, v. THE SUPERIOR COURT OF SONOMA COUNTY, Respondent; DONALD VON DOHLEN, Real Party in Interest. (Superior Court of Sonoma County, No. 197871, Arnold D. Rosenfield, Judge. )(Award Metals, Inc. v. Superior Court (1991) 228 Cal. App. 3d 1128, 1132 [279 Cal. Rptr. Bell v. Industrial Vangas, Inc. , supra, 30 Cal. 3d at p. 277; Watters Associates v. Superior Court (1991) 227 Cal. App. 3d 1341, 1346 [278 Cal. Rptr. Behrens v. Fayette Manufacturing Co. , supra, 4 Cal. App. 4th 1567, 1574-1575; Watters Associates v. Superior Court, supra, 227 Cal. App. 3d at p.
Note:	Explaining liability of employer when it manufactures its own presses.
Citation:	16 Cal.App.4th 1019, 58 CCC 333
WCC Citation:	WCC 24221993 CA

Case Name:	Foodmaker, Inc. v. WCAB		10/06/1998
Summary:	On June 12, 1996, the Rehabilitation Unit found in favor of Ortega-Ruiz and ordered Foodmaker to commence vocational rehabilitation. On July 9, 1997, Judge Gentile issued findings of fact and an opinion on decision, ruling in favor of Ortega-Ruiz. expressly confers benefits on illegal immigrants: The act defines employee as every person in the service of an employer . On August 29, 1997, the Board issued an opinion and order, adopting Judge Gentile s recommendation in a 2-1 vote. An award of workers compensation benefits should be annulled if the Board has acted in excess of its powers.
Note:	No voc. rehab. where more costly for illegal immigrant than legal under Equal Protection.
Citation:	78 Cal.Rptr.2d 767, 63 CCC 1222
WCC Citation:	WCC 24611998 CA