Login


Notice: Passwords are now case-sensitive

Remember Me
Register a new account
Forgot your password?

Case Law Library



 
Case Name: Hobbs v. Marin county Employees Retirement Assn. 09/30/2008
Summary: Filed 9/30/08 Hobbs v. Marin county Employees Retirement Assn. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR DONALD HOBBS, Plaintiff and Appellant, v. MARIN COUNTY EMPLOYEES' RETIREMENT ASSOCIATION, Defendant and Respondent. That petition sought review of the administrative decision of respondent Marin County Employees' Retirement Association (County) denying his application for service-connected disability retirement benefits. (See Singh v. Board of Retirement (1996) 41 Cal. App. 4th 1180, 1185; Heaton v. Marin County Employees Retirement Bd. While the County Employees Retirement Act of 1937 and the Workers' Compensation Act "are related in subject matter and harmonious in purpose" (Kuntz v. Kern County Employees' Retirement Assn.
Note: [Unpublished] Courts have rejected the claim that the class of employees to which the heart trouble presumption applies should be expanded and accordingly, the court did not err by failing to 'impute' the legislative intent plaintiff claims is behind the heart trouble presumptions in workers' compensation law...to the service-related disability retirement of all county employees.
Citation: A120222
WCC Citation: WCC 34332008 CA
 
 
Case Name: Hodge v. Aon Insurance Services et al. 02/02/2011
Summary: KENNETH HODGE et al. , Plaintiffs and Appellants, v. AON INSURANCE SERVICES et al. , Defendants and Respondents. FACTS As a TPA, Cambridge Integrated Services Group, Inc. *fn3 contracts with self-insured businesses, governmental agencies, and insurance companies to adjust claims involving those entities. In the context of its contracts with insurance companies or the California Insurance Guarantee Association or "CIGA" (which takes over policies from insolvent insurers), Cambridge adjusts claims made under the insurance policies issued by those entities. *fn5 Hodge thereafter dismissed all of his causes of action except his cause of action alleging a violation of the UCL. Our references to Cambridge include AON Insurance Services, AON Corporation and AON Service Corporation, which, according to the operative complaint, own and operate one or more "Cambridge locations" in California.
Note: Cambridge Integrated Services did not violate overtime regulations because it designated its claims adjusters as exempt administrative employees, the 2nd District Court of Appeal ruled in a class action suit on Wednesday.
Citation: B217156
WCC Citation: WCC 37122011 CA
 
 
Case Name: Hodge v. Superior Court of Los Angeles County 11/29/2006
Summary: IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT No. B189941 November 29, 2006 KENNETH HODGE ET AL. , PETITIONERS, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, RESPONDENT; AON INSURANCE SERVICES ET AL. , REAL PARTIES IN INTEREST. The trial court ruled the defendants were entitled to a jury trial on the section 17200 claim. Transportation Co. v. Superior Court (1976) 58 Cal. App. 3d 433, 435 [granting writ relief where party challenged grant of jury trial]. )In Wisden v. Superior Court (2004) 124 Cal. App. 4th 750, 754, we identified the basic principles governing jury trials. (Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co. (1999) 20 Cal. 4th 163, 179 (Cel-Tech); see also § 17203. )
Note: Even though the contractual duties of the employer implicitly include performance of mandatory statutory duties, such as the payment of overtime wages, and even though the application of the statutory requirements includes factual determinations, defendent is not entitled to a jury trial.
Citation: 145 Cal. App. 4th 278
WCC Citation: WCC 31962006 CA
 
 
Case Name: Hodges v. WCAB 07/18/1978
Summary: WILLIAM G. HODGES, Petitioner v. WORKERS' COMPENSATION APPEALS BOARD and ELMORE MOTORS-TOYOTA, Respondents. Mr. Casillas said in a loud voice to the applicant, 'I didn't know you were a boxer. 'Applicant traveled some 50 feet from the service department to where Casillas and Rofoli were standing outside the back door. At that point Casillas put up his hands in an open-hand position and came toward the applicant. The judge concluded that applicant's injury resulted from his participation in horseplay and was therefore not compensable.
Note: WCJ's statement that he had difficulty concluding employer would condone horseplay was a
Citation: 82 Cal.App.3d 894, 43 CCC 870
WCC Citation: WCC 26481978 CA
 
 
Case Name: Hodgman v. WCAB 09/12/2007
Summary: Filed 9/12/07 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE JOHN PERRY HODGMAN, an Incompetent Person, etc. , Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, COMMUNITY CARE CENTER, INC. , et al. , Respondents. BACKGROUND On October 28, 1988, John Perry Hodgman (John) sustained a catastrophic industrial injury in a motorcycle-versus-automobile collision while employed by Community Care Center. "The WCAB may ask the appointee to give a bond of the kind required by the superior court for the guardians it appoints. To be discharged from liability, the guardian or trustee must file an accounting with the WCAB or superior court. Fees of the guardian or trustee are fixed by either the WCAB or the superior court.
Note: The Board has no basis for restricting compensation to nonduplicative care because the parties agreed in a compromise and release agreement (C&R) that the guardian was entitled to compensation for duplicative care and the employer, not the estate of the injured worker, should bear the expense.
Citation: 155 Cal. App. 4th 44; 65 Cal. Rptr. 3d 687
WCC Citation: WCC 32542007 CA
 
 
Case Name: Hoffman v. Andrews 03/15/1945
Summary: ISADORE M. HOFFMAN, Respondent, v. WILLEDD ANDREWS et. COUNSEL Willedd Andrews, in pro. Nor, indeed, do the provisions of section 21 of article XX of the Constitution authorize such legislation. The validity of an action in equity such as the one here considered, in effect, has been upheld. That the superior court had power to issue the order complained of, there can be no question.
Note: Superior court has equity jurisdiction, has power to enjoin action to satisfy a judgment.
Citation: 68 Cal.App.2d 421, 10 CCC 67
WCC Citation: WCC 26101945 CA
 
 
Case Name: Hoffman v. The Superior Court of Orange County 11/07/2017
Summary: Filed 11/7/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE .             SIM CARLISLE HOFFMAN, Petitioner, .             v. .             THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; .             THE PEOPLE, Real Party in Interest. .             G054414 .             (Super. Ct. No. 14CF0243) .             O P I N I O N .             Original proceedings; petition for a writ of mandate to challenge an order of the Superior Court of Orange County, Richard M. King, Judge. .             Moss Law Group, Richard A. Moss, and William C. Fleming, Jr. , for Petitioner. .           WE CONCUR: .           MOORE, ACTING P. J.
Note: The 4th District Court of Appeal on Tuesday ruled that the information filed against an Orange County doctor accused of running a bill-mill operation was procedurally appropriate, even though it lumped multiple allegations of illegal activity into a single count of fraud.
Citation: G054414
WCC Citation: Super. Ct. No. 14CF0243
 
 
Case Name: Hofmeister v. WCAB 06/01/1984
Summary: CARL F. HOFMEISTER, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, DEPARTMENT OF FORESTRY et al. , Respondents. OPINION GILBERT, J. Petitioner Carl F. Hofmeister seeks review and annulment of the Workers' Compensation Appeals Board's determination as to the rate of awarding temporary disability benefits pursuant to Labor Code section 4661. 5. fn. Facts On September 20, 1979, Hofmeister, a reserve firefighter and bulldozer operator engaged in the suppression of a major fire, sustained injuries from burns to his body, arms, back, head and legs. Respondent county denied benefits on the ground that Hofmeister was not a county employee. [4] Inasmuch as Hofmeister was injured on September 20, 1979, section 4661. 5, as amended, is controlling.
Note: 4661.5 applicable to county reserve firefighter.
Citation: 156 Cal.App.3d 848, 49 CCC 438
WCC Citation: WCC 25441984 CA
 
 
Case Name: Holland v. WCAB 06/29/1993
Summary: James Holland, Petitioner v. Workers' Compensation Appeals Board of the State of California, Teichert & Sons, Inc. , et al. , Respondents. Thompson fell behind in his payments to petitioner and in February 1991, he filed a petition for bankruptcy. n2 They further argued that Labor Code section 4900 prohibited the transfer of Thompson's lien to petitioner. On the other hand, if it was curing or relieving from [sic ] the effects of her industrial injuries, then . . . Section 4600 would allow her to seek and obtain it and would require the defense to pay for it.
Note: Valid medical lien can be assigned by one provider to another.
Citation: 58 CCC 390
WCC Citation: WCC 25051993 CA
 
 
Case Name: Holley v. Waddington North America et al. 03/15/2012
Summary: WILLIE HOLLEY, Plaintiff and Appellant, v. WADDINGTON NORTH AMERICA, INC. , et al. , Defendants and Respondents. Holley sued for violations of the CFRA, disability discrimination and related causes of action under the California Fair Employment and Housing Act (§ 12940 et seq. )Holley recalls that during the meeting, a company representative told him that his "regular job duties do not exist. "Holley told a company representative that he would have no medical restrictions when he reported to work on the following day. Holley, however, did not report to work on February 20, 2008. e. Holley is "Totally Incapacitated" On February 25, 2008, Holley submitted a doctor's note to the company stating he was "`totally incapacitated'" until April 21, 2008.
Note: A California company was not liable for terminating a warehouse supervisor who failed to return to work after 14 months of medical leave, and produced a note from his doctor at that time saying he was completely unable to work.
Citation: B225623
WCC Citation: WCC 38732012 CA
 
101 Results Page 7 of 11