Case Name:	Herrera v. WCAB		06/18/1969
Summary:	DANIEL A. HERRERA, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, GOLETA LEMON ASSOCIATION et al. , Respondents. Everett A. Corten, Edward A. Sarkisian, Rupert A. Pedrin, Nathan Mudge, T. Groezinger, Loton Wells and G. K. Bogue for Respondents. Thereafter, respondent employer and respondent insurance carrier jointly petitioned for reconsideration, which was granted. . . . ' It was further stated: 'Evidence Code Section 631 states 'Money delivered by one to another is presumed to have been due the latter. 'There was no agreement that any part of the wage payments made to petitioner by respondent employer constituted disability payments.
Note:	Board has discretion to credit wage payments after injury against disability benefits.
Citation:	71 Cal.2d 254, 34 CCC 382
WCC Citation:	WCC 24631969 CA

Case Name:	Hershman v. Eisenberg Medical		06/11/2002
Summary:	WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. PAS 0023953 OPINION AND DECISION AFTER RECONSIDERATION (EN BANC) LESTER HERSHMAN, Applicant, vs. JAMES EISENBERG MEDICAL GROUP; CALIFORNIA COMPENSATION INSURANCE COMPANY, In Liquidation; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION; and KEMPER EMPLOYERS CLAIMS SERVICE (Servicing Facility), Defendants. Applicant, Lester Hershman, sustained an industrial injury to various body parts on June 18, 1993, while employed as a physician by the James Eisenberg Medical Group ('employer'). [N3] The phrase "workers' compensation benefits under the workers' compensation law of this state" is broad enough to include penalties under section 5814. )[N4] Having concluded that section 5814 penalties are 'compensation' that, therefore, fall within the general definition of 'covered claims' (Ins. Labor Code Section 5814 Penalties Do Not Fall Within The Insurance Code Section 1063. 1(c)(8) Exclusion For 'Punitive Or Exemplary Damages. '
Note:	5814 penalties imposed on insolvent carrier are 'covered claims' for CIGA to pay.
Citation:	67 CCC 808 (En Banc)
WCC Citation:	WCC 28652002 CA

Case Name:	Hertz v. WCAB (Aguilar)		12/16/2008
Summary:	SJO226456, SJO228891, SJO235420) INTRODUCTION Respondent Manuel Aguilar sustained specific and cumulative injuries to both of his knees, shoulders and wrists, and to his right ankle while working as an auto washer for petitioner Hertz Corporation (Hertz). Therefore, we conclude that Hertz is not liable for that portion of Aguilar's permanent disability that is caused by pre-existing nonindustrial factors. In 1984 or 1985, he obtained employment with Hertz as an auto washer, regularly working 80 hours a week. [Aguilar] is not able to return to his full duties at Hertz and is a Qualified Injured Worker . [Hertz] is attempting to obtain apportionment to factors which are not disability.
Note:	An employer is not responsible for any portion of a worker's permanent disability that is caused by pre-existing non-industrial factors.
Citation:	H032438
WCC Citation:	WCC 35122008 CA

Case Name:	Hessong v. City and County of San Francisco		08/30/2007
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR TIMOTHY HESSONG, Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant and Respondent. Ct. No. 04-430971) In this employment discrimination action, the trial court granted respondent City and County of San Francisco's (city) motion for summary judgment on appellant Timothy Hessong's action for violation of the state Fair Employment and Housing Act (FEHA). He worked for the city's Department of Public Health (department) as a pharmacy technician at San Francisco General Hospital. E. Hessong Files Lawsuit In April 2004, Hessong filed a complaint for damages in the trial court, alleging that the city had violated the FEHA. In opposition to summary judgment, Hessong offered evidence of the work that he could perform if reassigned back to San Francisco General Hospital.
Note:	[Unpublished] Because a reviewing court is necessarily limited to the claims alleged in the underlying complaint, the trial court did not err in granting summary judgement on the cause of action that was pled in the original complaint.
Citation:	A113744
WCC Citation:	WCC 32492007 CA

Case Name:	Hestehauge v. Charkins		09/23/2005
Summary:	In relevant part, that decision found that applicant, Paul Hestehauge (Mr. Hestehauge), sustained industrial injury to his head, entire body, brain and left wrist in a fall on November 15, 2000, while employed as a painter by homeowners, Wayne Charkins (Mr. Charkins) and Laurie Charkins (Mrs. Charkins), the insureds of defendant. At some point, Mr. Hestehauge agreed with Mr. and Mrs. Charkins to do some painting at their house. Although Mr. Charkins is a California-licensed glazing contractor and was aware that people doing contractor's work in California had to be licensed, neither he nor Mrs. Charkins ever asked Mr. Hestehauge if he had a license. After the accident, Mr. and Mrs. Charkins had others complete the painting work that Mr. Hestehauge was going to perform. Although section 2750. 5 mandates that Mr. Hestehauge be deemed an employee of Mr. and Mrs. Charkins, the existence of an employment relationship under section 2750. 5 does not necessarily mean that Mr. Hestehauge is entitled to workers' compensation benefits.
Note:	Household employees under LC 3351, 3352 and 3715.
Citation:	70 CCC 1294
WCC Citation:	WCC 31212005 CA

Case Name:	Heywood v. Casa Cabinets, Inc.		12/21/2017
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO   .             JACOB HEYWOOD, Plaintiff and Respondent. .             v. .             CASA CABINETS, INC. , Defendant and Appellant, .             E066122 .             (Super. Ct. No. CIVDS1603934) .             OPINION .             APPEAL from the Superior Court of San Bernardino County. I INTRODUCTION .           Defendant Casa Cabinets, Inc. appeals the trial court’s order denying its motion to compel arbitration of plaintiff Jacob Heywood’s wrongful termination action. .           Plaintiff alleged in his verified complaint that he was employed as an hourly worker at Casa Cabinets, Inc. (defendant) from January 2014 to August 17, 2015. .           NOT TO BE PUBLISHED IN OFFICIAL REPORTS .           CODRINGTON J.
Note:	A California appellate court ruled that an injured worker could not be compelled to arbitrate his discrimination and retaliation claims against his former employer, since the arbitration agreement he had signed was unconscionable.
Citation:	E066122
WCC Citation:	Super.Ct.No. CIVDS1603934

Case Name:	Hikida v. WCAB (Costco Wholesale Corporation)		06/22/2017
Summary:	Filed 6/22/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR .             MAUREEN HIKIDA, Petitioner, .             v. .             WORKERS’ COMPENSATION APPEALS BOARD, COSTCO WHOLESALE CORPORATION et al. , Respondents. .             B279412 .             (W. C. A. B. No. ADJ7721810) .             PROCEEDINGS to review a decision of the Workers’ Compensation Appeals Board. .             Law Firm of Rowen, Gurvey & Win and Alan Z. Gurvey for Petitioner. .             Mullen & Filippi, Jay S. Cohen and Daniel Nachison; Seyfarth & Shaw and Kiran A. Seldon for Respondents Costco Wholesale Corporation and Helmsman Management Services. .           Section 5950 provides that “[a]ny person affected by an order, decision, or award of the [Board] may .
Note:
Citation:	B279412
WCC Citation:	W.C.A.B. No. ADJ7721810

Case Name:	Hinkle v. WCAB		12/12/1985
Summary:	COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO No. E002195 December 12, 1985 JOSEPH HINKLE, PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD, KIRK MAYER, INC. , ET AL. , RESPONDENTS Elliot S. Berkowitz and John J. "Applicant worked as an electrical mechanical design engineer for Kirk Mayer, Inc. , a consulting firm which contracts out its employees to others. [175 CalApp3d Page 590] Those who are contracted out remain on the Kirk Mayer payroll and are paid by it. "Kirk Mayer's payment policy for its 'farmed out' employees is to mail the weekly paycheck to wherever the employee desires. However, on Fridays, it was Mattel's policy to add an extra one-half hour to its employees' lunch break.
Note:	Injury not compensable where employee injured while picking up paycheck at place/ time within employee's discretion
Citation:	175 Cal. App. 3d 587
WCC Citation:	WCC 30521985 CA

Case Name:	Hinojosa vs. WCAB		10/18/1972
Summary:	MIGUEL HINOJOSA, a Minor, etc. , Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, W. W. WIEST et al. , Respondents In Bank. Petitioner's employer, W. W. Wiest, an operator of seven or eight non-contiguous ranches, employed Miguel Hinojosa as a farm laborer, for thinning and picking peaches, plums, and apricots on his ranches. Hinojosa worked at this job nine to nine and one-half hours per day, six days a week, and received in payment $1. 75 per hour. Thus the working conditions imposed by the employer required that Hinojosa provide himself with some form of automotive transportation. In return, Hinojosa paid Rodriguez $3 per week to share the operating costs of the automobile.
Note:	Requirement that employee provide own transportation between 'fields' on the job creates compensable injury.
Citation:	8 Cal 3d 150
WCC Citation:	WCC 29921972 CA

Case Name:	Hinson vs. WCAB		10/02/1974
Summary:	BILLY GENE HINSON, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, GIFFEN, INC. , et al. , Respondents (Opinion by Franson, J. , with Brown (G. Hinson was injured on January 5, 1973, when his pickup collided with another vehicle on Highway 33 as he was driving to work. However, at times, Hinson and the other drivers would use their own cars to get to the fields if they had driven them to work. Hinson testified that the foreman would "rather" that the employees take their own cars to the tractors, thus avoiding the necessity of his having to take them to and from the fields. Hinson took the tools home each night in his car to keep them from being stolen.
Note:	No 'Going & Coming' if personal transportation on job not a requirement.
Citation:	42 CA3d 246
WCC Citation:	WCC 29931974 CA