Case Name:	J.C. Penney v. WCAB		07/07/2009
Summary:	Petitioners J. C. Penney Company and its insurer American Home Assurance Company, adjusted by AIG Claim Services, (collectively J. C. Penney) contend that respondent the Workers' Compensation Appeals Board (WCAB) erred in limiting a credit for overpayment of temporary disability indemnity. The WCAB limited the requested credit on the ground that J. C. Penney failed to object, under Labor Code section 4062,*fn1 to the ongoing determinations of Edwards's treating physicians that he remained temporarily totally disabled. J. C. Penney argues that the WCAB erred because the treating physicians' determinations were based on an incorrect legal theory and do not afford substantial evidence of ongoing temporary disability. FACTUAL AND PROCEDURAL BACKGROUND On July 23, 2003, Edwards was on a ladder painting a J. C. Penney store in Sacramento. However, J. C. Penney offered no claim of good cause for failure to object in the WCAB proceedings. (1980) 111 Cal. App. 3d 827 (Maples). J. C. Penney replies that the factual record in this case does not support an estoppel. J. C. Penney has the more persuasive position.
Note:	It is contrary to the spirit of section 4062 to permit a retrospective determination of a permanent and stationary date when to do so would be to allow a belated objection to a medical determination by the treating physician.
Citation:	C059760
WCC Citation:	WCC 35402009 CA

Case Name:	J.T. Thorp, Inc. v. WCAB		03/20/1984
Summary:	[153 Cal. App. 3d 331] Needless to say, we think the problem at hand is correctly solved according to presumptions mandated by law. Lien claimant Permanente Medical Group presented an itemization of expenses for X-rays and associated services in the amount of $322. 40. A compensable injury may render the employer liable for, among other things, the cost of medical treatment ( § 4600;Granado v. Workmen's Comp. [1] Medical treatment and disability indemnity are separate and distinct elements of compensation which fulfill different, though complementary, legislative goals. Temporary disability indemnity is intended primarily to substitute for the worker's lost wages, in order to maintain a steady stream of income.
Note:	An employee suffering from asbestosis may obtain reimbursement for predisability medical expenses and does not prohibit the board from awarding additional compensation for medical expenses or for disability manifesting itself more than five years after initial diagnosis or treatment.
Citation:	153 Cal.App.3d 327, 49 CCC 224
WCC Citation:	WCC 26631984 CA

Case Name:	Jablonski v. Royal Globe Ins. Co.		09/02/1988
Summary:	EMANUEL JABLONSKI et al. , Plaintiffs and Appellants, v. ROYAL GLOBE INSURANCE COMPANY et al. , Defendants and Respondents [Opinion certified for partial publication. ]Plaintiffs Emanuel and Dagmar Jablonski filed suit against defendants Royal Globe Insurance Company, Jones Brand & Hullen Insurance Services, Inc. and Michael Petkus alleging a virtual smorgasbord of causes of action. He further argued that his causes of action against Royal Globe and its agents were not barred under the act because that insurer forfeited its protection when it committed intentional torts against him. Co. (1985) 175 Cal. App. 3d 146, 148 [220 Cal. Rptr. 549]; Soto v. Royal Globe Ins. Plaintiff's complaint alleged that Royal Globe denied coverage under the workers' compensation policy and committed other unfair practices.
Note:	No immunity for TPA who committed intentional tort in investigating claim.
Citation:	204 Cal.App.3d 379, 53 CCC 402
WCC Citation:	WCC 24261988 CA

Case Name:	Jackson v. Home Depot		06/13/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE DAVID JACKSON, Plaintiff and Appellant, v. THE HOME DEPOT U. S. A. , INC. , Defendant and Respondent. INTRODUCTION A pipe fell from overhead shelving and struck plaintiff and appellant David Jackson (plaintiff), an employee of Washington Inventory (Washington), while he was performing inventory services for defendant and respondent The Home Depot U. S. A. , Inc. (Home Depot). The trial court agreed with Home Depot and issued an order granting a new trial. *fn3 A Home Depot employee in an orange vest approached plaintiff and asked him what he needed. Because plaintiff had his back to the Home Depot employee on the ladder, plaintiff did not see what struck him.
Note:	[Unpublished] Plaintiff knew or should have known better than to linger, even for a short period of time, near a ladder on which an employee is engaging in an obviously dangerous activity.
Citation:	B196344
WCC Citation:	WCC 33842008 CA

Case Name:	Jackson v. Raley's		11/29/2012
Summary:	When I attempted to discuss reasonable accommodations, such as modified or alternative jobs that [Jackson] might be able to perform with his medical restrictions, [Jackson] refused to continue the conversation. However, believing that Jackson was no longer employed by Raley's, Archie did not call Jackson during his bid time. Raley's also pointed out that Gabbert immediately sent Jackson a letter summarizing the phone call and encouraging Jackson to contact him to discuss possible accommodations, but Jackson neither responded to the letter nor contacted anyone at Raley's to discuss such accommodations. Gabbert sent [Jackson] a letter confirming their call and requesting [Jackson] contact him to discuss accommodations. Despite Gabbert's letter informing Jackson to contact him if he changed his mind and wanted to discuss qualifications or alternate positions at Raley's, Jackson refused to engage.
Note:	The 3rd District Court of Appeal ruled that a former supermarket worker could not hold his employer liable for its alleged failure to engage in a good faith interactive process to find accommodation for his disability when the worker himself failed to engage in the interactive process at all.
Citation:	C067248
WCC Citation:	WCC 39612012 CA

Case Name:	Jackson v. WCAB		10/27/2005
Summary:	on rehearing) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) CYNTHIA JACKSON et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD, STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION et al. , Respondents. II Procedure Cynthia Jackson, as the guardian ad litem for Barryn Davis, Jr. , filed an application for adjudication of claim asserting that Davis, Sr. 's heart attack arose out of and in the course of his employment. In those proceedings, Jackson invoked the presumption contained in Labor Code section 3212. 2, which provides in relevant part: "In the case of officers and employees in the Department of Corrections having custodial duties, . The WCAB concluded that the medical evidence that the cause of death was "the non-industrial viral infection that led to the development of the myocarditis" constituted sufficient evidence "to rebut the presumption of industrial causation. "Jackson filed a petition for a writ and we issued a writ of review.
Note:	Employer must do more to rebut the presumption of compensability than present evidence that nothing in the employee's job caused his heart attack.
Citation:	133 Cal. App. 4th 965; 35 Cal. Rptr. 3d 256
WCC Citation:	WCC 31282005 CA

Case Name:	James W. Cristler et al. v. Express Messenger Systems		01/23/2009
Summary:	Ct. No. GIC803519) Â		  BARRY NEWMANN,               Plaintiff,               v.   EXPRESS MESSENGER SYSTEMS, INC. , et al. ,               Defendants.               James W. Cristler, John Purves, James G. Harrod, Sydney Moroff and Mark Lambert, individually and as the representative of a class of similarly situated persons (collectively Cristler), sued a parcel delivery company, Express Messenger Systems, Inc. , doing business as California Overnight (Express Messenger). The lawsuit contained a number of causes of actions, all based on a core contention that Express Messenger improperly classified its employees as independent contractors.             Drivers who elected to continue working with Express Messenger after the change entered into written independent contractor agreements with SCI to perform delivery services for Express Messenger.             In December 2004, Cristler filed a complaint against Express Messenger on behalf of themselves and other similarly situated employees/independent contractors of Express Messenger.
Note:	Drivers for a delivery service were independent contractors, even though the company had terminated its employees and contracted with them to perform the same duties.
Citation:	D050719
WCC Citation:	WCC 34822009 CA

Case Name:	Janet v. IAC		12/01/1965
Summary:	MORTON L. JANET, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, BROWN DRILLING CO. , et al. , Respondents. On November 27, 1960, petitioner suffered an industrial injury to his stomach, back, legs and chest when a derrick board fell upon him. On December 19, 1961, petitioner applied for medical care and further total temporary disability. Applicant thereafter was examined by an orthopedist of his own selection whose report of June 7, 1962, suggested a 'high volume type of myelogram. 'On June 24, 1963, applicant again petitioned for a hearing for temporary compensation, medical treatment and reimbursement for self-procured medical treatment.
Note:	TTD awarded where worker refused surgery that wasn't an aid to cure.
Citation:	238 Cal.App.2d 491, 30 CCC 411
WCC Citation:	WCC 24841965 CA

Case Name:	Janya v. Southern California Permanente Medical Group Part 1/2		01/07/2020
Summary:	This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115(a).   IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR .             JAMES JANYA et al. ,Plaintiffs and Appellants, .             v. .             SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP,Defendant and Respondent. .             B290754 .             (Los Angeles CountySuper. .             The Rager Law Firm, Jeffrey Rager, James Y. Yoon; Gusdorff Law and Janet Gusdorfffor Plaintiffs and Appellants. .             Davis Wright Tremaine, John P. LeCrone and Rochelle L. Wilcoxfor Defendant and Respondent.   .             Plaintiffs James Janya and Michael Salloom appeal from a summary judgment on their retaliation, wrongful termination, defamation, and intentional infliction of emotional distress claims related to the termination of their employment with defendant Southern California Permanente Medical Group (SCPMG). . Bailey’s Meetings With Janya and Salloom .           On September 15, 2015, Bailey met (separately) with Janya and Salloom to discuss the results of his investigation.
Note:	A California appellate court upheld the dismissal of two workers’ claims for retaliation, wrongful termination, defamation and the intentional infliction of emotional distress.
Citation:	No. B290754
WCC Citation:	No. B290754

Case Name:	Janya v. Southern California Permanente Medical Group Part 2/2		01/07/2020
Summary:	Thus, Janya, and not Alepian, was the person responsible for the serious violation of policy. .           As a preliminary matter, we fail to see how this evidence establishes the existence of the glitch Janya describes. Janya stated that the glitch happened sometimes when he logged out without first hitting the “file” button. .           Finally, SCPMG presented evidence that Baileyinvestigated the purported glitch by contacting an expert from HealthConnect. .         NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS .         WILLHITE, Acting P. J.
Note:	A California appellate court upheld the dismissal of two workers’ claims for retaliation, wrongful termination, defamation and the intentional infliction of emotional distress.
Citation:	No. B290754
WCC Citation:	No. B290754