Case Name:	Losonsky v. Tektronix, Inc.		01/23/2013
Summary:	LOSONSKY v. TEKTRONIX, INC. GREGG M. LOSONSKY, Plaintiff and Appellant, v. TEKTRONIX, INC. , Defendant and Respondent. He did not qualify for leave under the Family Medical Leave Act (29 U. S. C. § 2601 et seq. On April 16, 2009, about two weeks before appellant's leave was to begin, he was involved in an automobile accident. Appellant's doctor certified that he could work with restrictions, and Davis Instruments approved an extension of his leave of absence. Although appellant was scheduled to return to work on July 20, 2009, his doctor had not released him by that date.
Note:	A self-represented worker should not have been denied his day in court based solely on his failure to comply with the filing deadline for his amended complaint for violations of his civil rights and wrongful termination.
Citation:	B239696
WCC Citation:	WCC 39732013 CA

Case Name:	Lovett v. Carrasco		04/15/1998
Summary:	Ct. No. 671133) Cal. App. 4th 48, 73 Cal. Rptr. 2d 496 April 15, 1998 MICHAEL A. LOVETT, PLAINTIFF AND RESPONDENT, v. PEDRO CARRASCO ET AL. , DEFENDANTS; DAVID RUTBERG ET AL. , CLAIMANTS AND APPELLANTS APPEAL from an order of the Superior Court of San Diego County, Charles R. Hayes, Judge. After Lovett settled with the defendants, the court apportioned Lovett's attorney fees among claimants under the common fund doctrine. Lovett received treatment for his injuries and psychotherapy for anxiety and depression from a number of medical providers, including claimants. On the new trial date the court ordered Lovett and the defendants to participate in a mandatory settlement conference. Lovett then filed a motion for an order determining the payment of the medical liens.
Note:	The common fund doctrine cannot be applied to apportion a plaintiff's attorney fees among contractual medical lienholders.
Citation:	63 Cal.App.4th 48
WCC Citation:	WCC 35921998 CA

Case Name:	Luchini v. WCAB		04/30/1970
Summary:	JAMES B. LUCHINI, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, McCARTER LYDON ELECTRIC CORPORATION et al. , Respondents (Opinion by Kingsley, J. , with Jefferson, Acting P. J. , and Alarcon, J. , concurring. )Everett A. Corten, Sheldon M. Ziff, Herlihy, Herlihy, Jones & Nelson and Kennis T. Jones for Respondents. [1a] The board refused to incorporate, as factors of permanent disability, certain work restrictions recommended by the medical experts. On June 11, 1964, petitioner, an electrician, sustained a compound fracture of the right leg just above the ankle when a ladder on which he was working collapsed. Each of the several medical experts who examined petitioner expressed the opinion that the residuals from the industrial injury restrict him in the performance of work activities.
Note:	Prophylactic restrictions are valid for rating permanent disability.
Citation:	7 Cal.App.3d 141, 35 CCC 205
WCC Citation:	WCC 25211970 CA

Case Name:	Lui v. City and County of San Francisco		12/11/2012
Summary:	LUI v. CITY AND COUNTY OF SAN FRANCISCO KENNETH LUI, Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant and Respondent. Dennis J. Herrera, City Attorney, Elizabeth S. Salveson, Chief Labor Attorney, and Erik A. Rapoport, Deputy City Attorney, for Defendant and Respondent. Following a court trial, the trial court entered judgment in favor of defendant and respondent City and County of San Francisco (defendant) on causes of action brought by plaintiff and appellant Kenneth Lui (plaintiff) under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq. ). Plaintiff's TMD assignment was pursuant to Department General Order (DGO) 11. 12. DGO 11. 12 was implemented in March 2004, following negotiations with the San Francisco Police Officers' Association (POA). Although defendant is the City and County of San Francisco, this decision more frequently refers to the Department, which is responsible for the policies at issue in the present lawsuit.
Note:	The city and county of San Francisco's inability to accommodate a disabled police officer in an administrative position did not violate the Fair Employment and Housing Act.
Citation:	A131882
WCC Citation:	WCC 39542012 CA

Case Name:	Lujan vs. Minagar		12/09/2004
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT B170438 December 9, 2004 ARTHUR S. LUJAN ETC. , PLAINTIFF AND APPELLANT, v. SHALA MINAGAR ETC. CERTIFIED FOR PUBLICATION State Labor Commissioner Arthur S. Lujan appeals from the judgment dismissing his action against Shala Minagar for retaliatory job termination under the state's Occupational Safety and Health Act. In response, the state Labor Commissioner (the Commissioner) cited Minagar for firing Dianella in retaliation for the Cal-OSHA complaint. Dianella testified that after speaking with Evans, she phoned Minagar, who told Dianella she must have known of the investigation because she was Grana's good friend and should have warned Minagar about it. Evidence came in without objection that Minagar might have fired Dianella either because Minagar mistakenly believed Dianella had made the complaint, or because Dianella was Grana's friend.
Note:	Retaliatory discharge action lies for who MIGHT report a safety violation.
Citation:	124 Cal. App. 4th 1040
WCC Citation:	WCC 30682004 CA

Case Name:	Lujan vs. WCAB, Vanier Graphics		12/03/1985
Summary:	MICHAEL T. LUJAN, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, VANIER GRAPHICS CORPORATION et al. , Respondents. 1 The Board, in a two-to-one decision, granted reconsideration and concluded that the WCJ erred in utilizing actual post-injury earnings in computing the TD rate. The Board majority concluded that the facts herein were distinguishable from the facts in Thrifty Drug Stores, Inc. v. Workers' Comp. In the Thrifty case, supra, 95 Cal. App. 3d 937, applicant, a full-time retail clerk, sustained industrial injury on March 22, 1971. She was subject to a collective bargaining agreement which provided for wage increases in July 1971 and July 1972.
Note:	Full time post injury earnings must be considered for a fair determination of earning capacity.
Citation:	175 CA3rd 212
WCC Citation:	WCC 29901985 CA

Case Name:	Luna v. WCAB		02/29/1988
Summary:	I Laguna Beach Police Officer John Luna was injured on August 2, 1985, while driving his private automobile to the stationhouse. Luna testified he intended to stop at a nearby emergency call box to report the traffic violation and assist in apprehending the driver. [2a] Luna maintains he was injured while attempting to apprehend the speeder and preserve life or property within the meaning of Labor Code section 3600. 2. The preliminary steps Luna claims to have taken were of a similar nature and insufficient to constitute an attempted apprehension of a criminal suspect. IV [7] Finally, Luna correctly notes the Legislature has codified a presumption that specific police officer disabilities are incurred during the course of employment.
Note:	Going and coming: requirements to find special mission an exception to rule.
Citation:	199 C.A.3d 77
WCC Citation:	WCC 28521988 CA

Case Name:	Lund v. San Joaquin Valley Railroad		07/03/2003
Summary:	RONALD G. LUND, Plaintiff and Respondent, v. SAN JOAQUIN VALLEY RAILROAD, Defendant and Appellant. OPINION KENNARD, J. - Under the Federal Employers Liability Act (FELA), a railroad employee injured by the employer's negligence may sue the employer for negligence. FACTS Plaintiff Ronald G. Lund worked as a trackman for defendant San Joaquin Valley Railroad. 1965) 342 F. 2d 244, 247; Snyder v. Lehigh Valley Railroad Company (3d Cir. Congress enacted the FELA to achieve national uniformity in personal injury actions by railroad employees against their employers.
Note:	Under a Federal Employers Liability Act case, the jury should not be told that plaintiff is not entitled to work comp unless probative value outweighs prejudicial effect.
Citation:	31 Cal.4th 1, 71 P.3d 770
WCC Citation:	WCC 29452003 CA

Case Name:	Luque v. Herrera		06/12/2000
Summary:	CARMEN G. LUQUE, Plaintiff and Respondent, v. FIDEL HERRERA, Defendant; FREMONT COMPENSATION INSURANCE COMPANY, Objector and Appellant. 1 FACTS Fidel Herrera injured Carmen G. Luque in an automobile accident for which Herrera was solely at fault. At the time of the accident Luque was acting in the course and scope of his employment. Luque filed a claim for workers' compensation benefits with the Fremont Compensation Insurance Company. Luque also filed an action for damages against Herrera.
Note:	Employee's attorney entitled to fees when employer participated in litigation and reimbursement claim exceeded the settlement.
Citation:	81 Cal.App.4th 558, 65 CCC 812
WCC Citation:	WCC 23912000 CA

Case Name:	Ly v. County of Fresno		09/15/2017
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 FIFTH APPELLATE DISTRICT .             VA LY, et al. , Plaintiffs and Appellants, .             v. .             COUNTY OF FRESNO, Defendant and Respondent. .             F072351 .             (Super. Ct. No. 09CECG02743) .             OPINION .             APPEAL from a judgment of the Superior Court of Fresno County. .           -ooOoo- .           Three Laotian correctional officers, Va Ly, Travis Herr and Pao Yang, were allegedly subjected to racial and national origin discrimination, harassment and retaliation by their employer, the County of Fresno (County), and its employees. .           _____________________ GOMES, Acting P. J. .           WE CONCUR: .           _____________________ DETJEN, J.
Note:	The 5th District Court of Appeal last week ordered publication of its prior determination that a group of correctional officers could not pursue a discrimination action against their employer, since they had already litigated their claims in pursuit of workers’ compensation benefits.
Citation:	F072351
WCC Citation:	Super. Ct. No. 09CECG02743