Case Name:	Greener v. WCAB		12/27/1993
Summary:	GLENN GREENER et al. , Plaintiffs and Appellants, v. WORKERS' COMPENSATION APPEALS BOARD, Defendant and Respondent. Noting that the dismissal order was not appealable since it was not signed by the court (Code Civ. The workers' compensation law nowhere states that the Board is not subject to suit in the superior court. (See generally, Abelleira v. District Court of Appeal (1941) 17 Cal. 2d 280 [109 P. 2d 942, 132 A. L. R. 715]; 2 Witkin, Cal. It appears to so concede elsewhere where it argues that the award of fees for legal services in workers' compensation proceedings is a subject 'within the exclusive subject matter jurisdiction of the WCAB. '
Note:	Plaintiffs' remedies are limited to petition for review if Board fails to award fees.
Citation:	6 Cal.4th 1028, 58 CCC 793
WCC Citation:	WCC 26041993 CA

Case Name:	Greer v. Safeway, Inc.		06/15/2010
Summary:	In 2002, while still employed with Safeway, Greer made a claim to the Workers Compensation Appeals Board (WCAB) for benefits. In June 2006, Greer filed a complaint with the WCAB against Safeway for improperly distributing Greer's medical information. In September 2007, Greer filed a complaint against Safeway and Richard Lyding, an attorney for Safeway, in Napa County Superior Court. On August 10, 2009, Greer filed a notice of appeal from the court's order for attorney fees dated August 3, 2009 (case No. It bears repeating that the trial court proceedings were stayed because Greer had already filed suit in federal court.
Note:	[Unpublished] Appeals dismissed for failure to file opening briefs in conformance with California Rules of Court, and appellant declared a vexatious litigant.
Citation:	A125741
WCC Citation:	WCC 36382010 CA

Case Name:	Gregory v. Cott		01/28/2013
Summary:	GREGORY v. COTT CAROLYN GREGORY, Plaintiff and Appellant, v. LORRAINE COTT et al. , Defendants and Respondents. Lorraine injured the caregiver, plaintiff Carolyn Gregory, who thereupon sued Lorraine for battery and Lorraine and Bernard for negligence and premises liability. In this case, Mrs. Cott was not an Alzheimer's patient; vis-à-vis plaintiff, she was not a patient at all. Mrs. Cott was not placed in plaintiff's care, first and foremost because, having no medical or nursing license or certification, plaintiff was completely unqualified to provide medical care to Mrs. Cott. Given that Mrs. Cott was unable to care for herself, and knowing that she was at times aggressive and combative, Mr. Cott chose, no doubt at great personal sacrifice, to care for her at home.
Note:	The assumption of risk doctrine barred a home care worker from suing a violent patient for negligence.
Citation:	B237645
WCC Citation:	WCC 39762013 CA

Case Name:	Greitz v. Sivachenko		07/29/1957
Summary:	ALEXANDER L. GREITZ, Respondent, v. DIMITRI Y. SIVACHENKO et al. , Appellants. COUNSEL Dimitri Y. Sivachenko, in pro. Defendants appeal from a judgment ordering partition of real property by sale and division of the proceeds. By award filed August 5, 1954, the Industrial Accident Commission ordered appellant Dimitri Sivachenko to make payments to respondent on account of injuries sustained in the course of the latter's employment on September 29, 1953. After expiration of the period for redemption, the sheriff deeded this interest to respondent, who commenced this action for partition.
Note:	On filing copy of award, clerk must immediately enter judgment, no notice required; clerk part of commission, not superior court which can't stay or modify award.
Citation:	152 Cal.App.2d 849, 22 CCC 176
WCC Citation:	WCC 26081957 CA

Case Name:	Greyhound Lines v. WCAB		05/14/1984
Summary:	Greyhound Lines, Inc. , Petitioner v. Workers' Compensation Appeals Board, (Floyd D. Plunkett, injured party), Respondents. 6), Greyhound filed a petition, with supporting declaration, 'for automatic reassignment of regular hearing to another workers' compensation judge. 'The hearing on this issue was also assigned to Judge Williams and Greyhound did not in this instance seek a reassignment under rule 10453. Cases 488), Greyhound had a basis upon which to challenge that judge 'for cause'; and that Greyhound therefore had no right to an 'automatic' reassignment pursuant to rule 10453. Second, since Greyhound possessed a basis upon which to seek reassignment 'for cause,' a petition for reassignment on that ground provided the exclusive remedy.
Note:	Challenge to WCJ for cause need not be conditioned on the absence of a specific ground.
Citation:	49 CCC 354
WCC Citation:	WCC 27691984 CA

Case Name:	Greyhound Lines v. WCAB		05/14/1984
Summary:	Greyhound Lines, Inc. , Petitioner v. Workers' Compensation Appeals Board, (Floyd D. Plunkett, injured party), Respondents. 6), Greyhound filed a petition, with supporting declaration, 'for automatic reassignment of regular hearing to another workers' compensation judge. 'The hearing on this issue was also assigned to Judge Williams and Greyhound did not in this instance seek a reassignment under rule 10453. Cases 488), Greyhound had a basis upon which to challenge that judge 'for cause'; and that Greyhound therefore had no right to an 'automatic' reassignment pursuant to rule 10453. Second, since Greyhound possessed a basis upon which to seek reassignment 'for cause,' a petition for reassignment on that ground provided the exclusive remedy.
Note:	Continuation of an adjourned hearing shall be decided by original referee.
Citation:	49 CCC 354
WCC Citation:	WCC 25541984 CA

Case Name:	Grimaldo v. WCAB		03/19/2009
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR B208959 (WCAB No. LBO 0370243) JOEL GRIMALDO, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD et al. , Respondents. FACTUAL AND PROCEDURAL BACKGROUND Joel Grimaldo worked for four years as an event aide at Abbey, a party rental service. On that day, Grimaldo slipped at work and noticed an open wound on his left great toe. Raymond Bautista, D. P. M. , a treating physician, declared Grimaldo permanent and stationary in a report of February 22, 2006. However, he reported that Grimaldo needed strict management of his diabetes so he could undergo surgery for an infected bone in his left foot.
Note:	[Unpublished] The Workers' Compensation Appeals Board relied upon insufficient evidence when it ruled that a claimant's diabetes was not not lit up or aggravated by an industrial injury to the foot.
Citation:	B208959
WCC Citation:	WCC 35052009 CA

Case Name:	Grom vs. Shasta Wood Products		12/08/2004
Summary:	WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. RDG 0091839 KENNETH GROM, Applicant, vs. SHASTA WOOD PRODUCTS; and STATE COMPENSATION INSURANCE FUND, Defendants. STATEMENT OF FACTS Applicant, Kenneth Grom, sustained an injury to his back on July 27, 1999 arising out of and in the course of his employment by Shasta Wood Products. We require evidence-based studies that are of sufficient quality before we can accept hypogonadism as an industrial injury. Defendant contends that any recommended treatment must both cure and relieve applicant from the effects of his industrial injury. Thus, the phrase "cure or relieve" is identical to the phrase "cure and relieve," such that their use is interchangeable.
Note:	'Cure and relieve' means 'cure or relieve.'
Citation:	69 CCC (2004); Panel
WCC Citation:	WCC 30672004 CA

Case Name:	Grossmont Hospital v. WCAB (Kyllonen)		12/11/1977
Summary:	GROSSMONT HOSPITAL, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and MAY R. KYLLONEN, Respondents. [59 Cal. App. 4th 1352] Background On April 16, 1995, respondent May R. Kyllonen (Kyllonen), a full-time employee for petitioner Grossmont Hospital (Grossmont), sustained an admitted injury in the course of her employment. The first three methods were based on the actual earnings of the employee or those of employees in the same class. First, the section relied upon by Grossmont is taken out of context. Moreover, if an overall purpose of the legislation was to reduce litigation, Grossmont provides no support for its contention Thrifty Drug led to increased litigation.
Note:	Anticipated wage increase after injury to be considered in TD rate.
Citation:	59 C.A.4th 1348
WCC Citation:	WCC 29161977 CA

Case Name:	Grupe Co. v. WCAB (Ridgeway)		09/15/2005
Summary:	Respondent Ruby Ridgeway, while working for petitioner Grupe Company (Grupe) as a computer operator, injured her upper extremities and neck and was awarded temporary disability payments. Petitioners informed the WCAB that a settlement had been offered but Ridgeway declined to reach a settlement until she had completed her vocational rehabilitation program. However, the final judgment rule, ubiquitous in civil appeals, does not hold sway in the arena of WCAB appeals. The Safeway court looked first to the finality required in order to bring a motion for reconsideration before the WCAB. The WCAB granted reconsideration and found for the employee, holding the injury was compensable and remanding for further hearing on other issues.
Note:	Substance of witness testimony not required to be included in pretrial conference statement.
Citation:	132 Cal. App. 4th 977
WCC Citation:	WCC 31192005 CA