Case Name:	L.A. Co. Professional Peace Officers Assoc. v. Co. of L.A.		02/11/2004
Summary:	LOS ANGELES COUNTY PROFESSIONAL PEACE OFFICERS' ASSOCIATION et al. , Appellants, v. COUNTY OF LOS ANGELES et al. , Respondents. [FN 2] Under the applicable County ordinances, D. A. investigators may accumulate up to 320 hours in current and deferred vacation time. (L. A. County Code, § 6. 20. 070F. 1. ) When Kupper and Layne retired, each was paid back for all accumulated vacation hours. Kupper, Layne, and their union, the Los Angeles County Professional Peace Officers' Association (the Association) brought a mandate petition (Code Civ. By failing to make the payment, they alleged, the County violated its obligation to fully compensate them during that period (Lab.
Note:	Accrued vacation time does not count towards 4850 calculation.
Citation:	115 Cal.App.4th 866
WCC Citation:	WCC 29702004 CA

Case Name:	L.A. County Dept. of Parks v. WCAB		06/06/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE LOS ANGELES COUNTY DEPARTMENT OF PARKS & RECREATION, etc. , Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and MERRELL LEE CALVILLO, Respondents. FACTUAL AND PROCEDURAL BACKGROUND Merrell Lee Calvillo, a cashier/clerk for the Los Angeles County Department of Parks & Recreation (County), injured her neck, back and right knee in a fall at work on September 24, 1997. *fn10 The County petitioned the WCAB for reconsideration and contended that the March 9, 1999, order transformed the March 8, 1999, stipulation into a formal award under Huston v. Workers' Comp. However, the award of attorney's fees under section 5814. 5 should be vacated as contended by the County. The WCAB has original jurisdiction to award temporary total disability indemnity more than five years from the date of injury under State of California v. Ind.
Note:	[Unpublished] The stipulations and order to comply was not a formal award requiring a petition for continuing jurisdiction under the Labor Code.
Citation:	B200215
WCC Citation:	WCC 33812008 CA

Case Name:	L.A. Unified School Dist. v. WCAB		01/11/1984
Summary:	LOS ANGELES UNIFIED SCHOOL DISTRICT, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and RUSSELL L. MATTHEWS, Respondents. Respondent Russell Matthews, employed as a custodian for petitioner Los Angeles Unified School District, suffered industrial injuries during the period of his employment from 1949 through September 22, 1978. Petitioner appealed the order, claiming it was entitled to a credit for retirement disability payments against rehabilitation temporary disability indemnity. In Gorman, an industrially injured police officer took a one-year leave of absence with pay pursuant to section 4850 fn. Respondent, a retired school custodian, is clearly not a 'safety' employee under the terms of sections 4850 et seq. , but rather a school member of PERS whose occupational functions do not involve public safety or law enforcement.
Note:	Applicant entitled to TD indemnity concurrently with PERS retirement payments.
Citation:	150 Cal.App.3d 823, 49 CCC 48
WCC Citation:	WCC 27021984 CA

Case Name:	La Jolla Beach & Tennis Club, Inc. v. Industrial Indemnity Co.		12/19/1994
Summary:	LA JOLLA BEACH AND TENNIS CLUB, INC. , et al. , Plaintiffs and Appellants, v. INDUSTRIAL INDEMNITY COMPANY, Defendant and Respondent. On May 9, 1986, the Trust tendered defense of the Saleh complaint to its workers' compensation carrier, defendant Industrial Indemnity Company (Industrial) fn. The Current Action On or about August 29, 1990, plaintiff La Jolla Beach and Tennis Club, Inc. , the Trust's successor in interest, and Kellogg (La Jolla) brought this action against Industrial and American. La Jolla appealed solely on the ground that Industrial had a duty to defend under part 1 of the policy, or the workers' compensation coverage. Accordingly, we discuss only those claims by La Jolla against Industrial with regard to the Saleh action.
Note:	Coverage A in a work comp policy does not give rise to duty to defend a civil suit.
Citation:	9 Cal.4th 27
WCC Citation:	WCC 28911994 CA

Case Name:	Laeng vs. WCAB		03/06/1972
Summary:	JOHN L. LAENG, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, CITY OF COVINA et al. , Respondents In Bank. After granting a petition for reconsideration of the referee's decision, the Workmen's Compensation Appeals Board (WCAB), by a 2-1 vote, denied the claimant all compensation benefits; Laeng attacks the decision of the WCAB by the present petition. [6 Cal. 3d 775] Pursuant to these instructions, Laeng, with 13 other applicants who had also successfully completed the written examination, [FN 1] reported to the high school gymnasium. Laeng successfully completed the first three parts of the test and then was directed to participate in the final "obstacle course" phase. Laeng immediately went to his family doctor who, after X-raying the foot referred the patient to an orthopedic surgeon.
Note:	Injury incurred during the 'tryout' phase of employment is compensable.
Citation:	6 Cal.3d 771; 100 Cal.Rptr. 377
WCC Citation:	WCC 30731972 CA

Case Name:	Lamb v. WCAB		04/19/1974
Summary:	ROSE W. LAMB, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, KEYSTONE ENGINEERING COMPANY et al. , Respondents In Bank. John H. Lamb was employed for approximately 24 years prior to his death by respondent Keystone Engineering. After returning to work Lamb continued to make periodic visits to the doctor for approximately six months or until June of 1970. About 10 a. m. Lamb had some difficulty with a gear he was making and called for the assistance of his supervisor. After a few minutes another employee came to tell the supervisor that Lamb was lying on the floor under one of the machines.
Note:	A petition for reconsideration is proper when WCAB reverses referee but isn't prerequisite for writ of review.
Citation:	11 Cal.3d 274, 39 CCC 310
WCC Citation:	WCC 26551974 CA

Case Name:	Land v. WCAB		09/25/2002
Summary:	FACTS Nicole Land was a full-time student at California Polytechnic State University, San Luis Obispo (Cal Poly). Land paid tuition to attend the year-long class and earned two credits per quarter. In finding that Land was not an employee for purposes of the Act, the WCJ and WCAB majority relied on a case denied review by this court, Coburn v. Workers' Comp. Land was not working shoulder to shoulder with paid workers; the participants in the project were all students in the same position as Land. Decisions of the WCAB reported in California Compensation Cases are citable as authority but are not binding on this court.
Note:	University student is not employee because she participates in profit sharing as part of field work.
Citation:	102 Cal.App.4th 491
WCC Citation:	WCC 28842002 CA

Case Name:	Lanier Lewis et al., v. Pepper Construction Company Pacific		02/26/2010
Summary:	LANIER LEWIS et al. , Plaintiffs and Appellants, v. PEPPER CONSTRUCTION COMPANY PACIFIC, Defendant and Respondent. He and his wife seek to recover in tort from Pepper Construction Company Pacific (Pepper), the general contractor, alleging that Pepper owed Lewis a duty of care. The trial court entered summary judgment in favor of Pepper, finding that Pepper did not owe Lewis a duty of care. [Pepper] shall require all Subcontractors to provide [Pepper] with a safety plan prior to the commencement of work. "Again, Lewis does not provide a citation to the record supporting his assertion that Pepper knew that ISE was not providing fall protection.
Note:	An injured subcontractor employee failed to show that the general contractor owed him a common law duty of care.
Citation:	C060212
WCC Citation:	WCC 36042010 CA

Case Name:	LaPlante v. WCAB		07/31/2009
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT SANDRA JILL LaPLANTE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and WAL-MART STORES, INC. , Respondents. Parker, Kern, Nard & Wenzel, David H. Parker, for Respondent, Wal-Mart Stores, Inc. -ooOoo- Vartabedian, Acting P. J. , Dawson, J. , and Kane, J. Sandra Jill LaPlante petitions for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB). LaPlante contends the WCAB erred in concluding Wilkinson v. Workers' Comp. Agreeing with the WCAB and First Appellate District's reasoning in Benson v. Workers' Compensation Appeals Bd. Unlike WCAB three-member panel decisions, en banc decisions carry the weight of "legal precedent under the principle of stare decisis" on all WCJs and WCAB panels.
Note:	[Unpublished] The Wilkinson doctrine allowing combined awards of permanent disability in successive injury cases is inconsistent with the requirement contained in Sen. Bill No. 899 that apportionment be based on causation rather than disability.
Citation:	F054923
WCC Citation:	WCC 35482009 CA

Case Name:	Lara v. WCAB		02/25/2010
Summary:	Lara filed a workers' compensation claim against Metro Diner's then sole shareholder, Scott Broffman, personally and against Metro Diner. The WCJ also found that Metro Diner did not rebut the presumption that Lara was its employee on the date of the injury, and hence, Lara was entitled to workers' compensation benefits. Based on the factors of employment set forth in Borello, Lara was an independent contractor at the time of his injury. The question before us is whether Lara was an employee or an independent contractor when he was injured. Sometimes Lara charged by the hour and sometimes by the job and so Lara was paid on a job-by-job basis, with no obligation on the part of either Metro Diner or Lara for work in the future.
Note:	A gardener hired to prune bushes, where the gardener has control over the time and manner in which to do the job, is an independent contractor.
Citation:	B214234
WCC Citation:	WCC 36032010 CA