Case Law Library
| Case Name: | Jones, Brown, Clifford & McDevitt v. WCAB | 10/28/1985 | |
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| Summary: | Jones, Brown, Clifford & McDevitt, Petitioner v. Workers' Compensation Appeals Board of the State of California; Central California Conference of Seventh Day Adventists; National Union Fire Insurance Company; and Adam Hicks, Respondents. COUNSEL: For petitioner--Jones, Brown, Clifford & McDevitt, by Francis V. Clifford For respondent Appeals Board--Richard W. Younkin, William B. Donohoe & Alvin W. Barrett, by David Hettick OPINION BY: Newsom, J. OPINION: Petitioner Jones, Brown, Clifford & McDevitt, a law partnership, negotiated a structured settlement valued at $ 711,846. 29 on behalf of its client, an applicant for workers' compensation benefits. Petitioner contends that the Board's action is unreasonable, unsupported by substantial evidence, and in disregard of its own administrative guidelines. Petitioner asserts that in so doing, the WCJ and the Board failed to follow its own guidelines in two ways. | ||
| Note: | Board must specifically state criteria relied upon in Reg. 10779 in awarding/altering atty. fee. | ||
| Citation: | 50 CCC 618 | ||
| WCC Citation: | WCC 27151985 CA | ||
| Case Name: | Jorge Pacheco v. Greenfield Restaurant and CIGA | 12/18/2006 | |
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| Summary: | The duty to prove that an injury with industrial causation occurred was the applicant's rather than the defendant's, the Workers' Compensation Appeals Board explained in n granting reconsideration of an award to a man who panel decision issued this week. The board in Jorge Pacheco v. Greenfield Restaurant and CIGA, LAO0779068, 12/118/06, reversed the trial court . | ||
| Note: | WCAB Panel says proof burden was misdirected. | ||
| Citation: | LAO0779068 | ||
| WCC Citation: | WCC 32012006 CA | ||
| Case Name: | Josephs v. Pacific Bell | 04/10/2006 | |
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| Summary: | OPINION In this appeal we must resolve issues arising from the employment discrimination action brought against Pacific Bell Telephone Company (PacBell) by a former service technician, Joshua Liam Josephs. Josephs' immediate supervisor at PacBell, Steve Maches, testified at trial that during the suspension he had recommended Josephs be restored to his position because Josephs was performing well and would probably be an asset to Pac-Bell. Did Pacific Bell regard plaintiff as having a mental disorder at the time of his termination or non-reinstatement?Did Pacific Bell regard plaintiff as having a long-term mental disorder which substantially limited his ability to work in a broad range of jobs?Did Pacific Bell refuse to agree to reinstate plaintiff in the grievance settlement process because of his regarded as disability? | ||
| Note: | Evidence supports the judgment that the employer perceived the employee as disabled. | ||
| Citation: | 443 F.3d 1050 | ||
| WCC Citation: | WCC 31532006 CA | ||
| Case Name: | Judson Steel Corp. v. WCAB | 11/21/1978 | |
|---|---|---|---|
| Summary: | JUDSON STEEL CORPORATION, a corporation, Petitioner v. WORKERS' COMPENSATION APPEALS BOARD OF THE STATE OF CALIFORNIA and RALPH MAESE, Respondents. In 1973 petitioner Judson Steel Corporation employed applicant Ralph A. Maese as a crane operator. Despite his knowledge that Maese 'was off work because of an accident which occurred at Judson Steel,' Cortez laid off Maese because Maese 'lost seniority automatically according to the contract. 'On November 4, 1976, the workers' compensation judge found that Judson has made no attempt to extend Maese's 12-month grace period. Moreover, Judson '[was] not in any way compelled to terminate [Maese's] seniority after his period of temporary disability. ' | ||
| Note: | Increased award due for any discriminatory act against injured worker. | ||
| Citation: | 43 CCC 1205 (Supr. Ct.) | ||
| WCC Citation: | WCC 3711978 CA | ||
