Case Name:	Mosby vs. Liberty Mutual		06/23/2003
Summary:	FREDDIE CURTIS MOSBY, JR. et al. , Plaintiffs and Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY et al. , Defendants and Respondents. INTRODUCTION Freddie Curtis Mosby and his wife Sheri Mosby have sued his employer, Best Buy, and his employer's workers' compensation insurer, Liberty Mutual Insurance Company, for malicious prosecution and loss of consortium in the wake of Liberty Mutual's reporting Mosby to the local district attorney for workers' compensation insurance fraud. Liberty Mutual deposed Green and showed him surveillance tapes of Mosby walking up stairs the day of his evaluation. Liberty Mutual then stepped up its investigation of Mosby and, in October 1998, presented its case for fraud to the district attorney. Finally, we note the complaint includes allegations of racial animus by a doctor hired by Liberty Mutual to examine Mosby for workplace injuries, and makes other allegations that would further support a finding that Liberty Mutual showed racial bias.
Note:	Carrier has civil liability for malicious prosecution in unwarranted fraud prosecution.
Citation:	110 Cal.App.4th 995
WCC Citation:	WCC 29482003 CA

Case Name:	Motallebi vs. Astro Business Solutions		03/18/2003
Summary:	WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA SHAHIN MOTALLEBI, Applicant, vs. ASTRO BUSINESS SOLUTIONS, INC. ; CANON USA; YASUDA FIRE & MARINE INSURANCE, Defendant(s). The workers' compensation lien claim was settled by defendant on June 4, 2001, the same day as the OACR was issued. EDD thereafter sought recovery from applicant of the UCD benefits paid during the period for which no lien claim was filed. On September 18, 1998, CUIAB issued a decision denying applicant UCD benefits for the period from May 8, 1998 through September 9, 1998. Thereafter, EDD paid additional UCD benefits for the period from September 10, 1998 through October 14, 1998.
Note:	Conditions under which the Board had no jurisdiction to determine an applicant's liability for repayment of UCD benefits to EDD.
Citation:	68 CCC __(2003)
WCC Citation:	WCC 29222003 CA

Case Name:	Mote v. WCAB		07/24/1997
Summary:	The workers' compensation judge (WCJ) found that Mote is entitled to indemnity for temporary total disability (TTD) and further medical treatment. Mote petitions for review to annul the order of the WCAB denying reconsideration of his petition to impose multiple penalties against respondents, Kimstock, Incorporated, his employer, and the California Compensation Insurance Company (Cal. The WCAB unreasonably denied a variety of statutory penalties due Mote for failures and delays in providing TTD, for untimely and incorrect adjustments to TTD, for failing to provide medical and psychiatric treatment and medications. Mote sustained industrial injury to his thumb, arm, leg, back, neck, internal systems, hearing and psyche. The parties stipulated that at the time Mote hurt his thumb his earnings of $800 per week warranted indemnity of $336 per week for TTD.
Note:	Employer liable for delay in increasing rate of TTD even though stipulated amount.
Citation:	56 Cal.App.4th 902, 62 CCC 891
WCC Citation:	WCC 24731997 CA

Case Name:	Motheral v. WCAB (Golden Empire Council)		08/25/2011
Summary:	BILL MOTHERAL, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and GOLDEN EMPIRE COUNCIL (BSA) et al. , Respondents. )1 Bill Motheral worked as a camp ranger for Golden Empire Council, Boy Scouts of America (the Council). Motheral was injured at work in August 2007 and was paid temporary total disability benefits from the date of his injury. At the hearing, an accounting specialist with the Council acknowledged that Motheral received lodging as part of his employment. The accounting specialist further testified that at the time of his injury, Motheral was paid $6. 62 an hour in cash wages.
Note:	A camp ranger's lodging, utilities, and car allowance should factor into his average weekly wage for the purpose of calculating his temporary disability benefits.
Citation:	C063646
WCC Citation:	WCC 37932011 CA

Case Name:	Mottahedi v. Moose Holding Co.		01/26/2012
Summary:	Stores leased the building from the mall landlord, Moose Holding Company (Moose). Ms. Mottahedi filed a personal injury tort action in the Los Angeles County Superior Court against Moose and others in August 2009. By that time, Ms. Mottahedi had served interrogatories on Moose, which Moose answered, and Moose had deposed Morris Rhone, identified by Stores as its most knowledgeable person with respect to its property and, in particular, the store at Reseda Plaza. Moose responded, and Ms. Mottahedi filed motions to compel, which were calendared for hearing at a date subsequent to the previously set trial date. Judgment was duly entered in favor of Moose, from which Ms. Mottahedi (hereafter, appellant) filed a timely notice of appeal.
Note:	A California appellate court upheld a summary judgment for a property owner on a premises liability claim filed by a tenant's employee.
Citation:	B228319
WCC Citation:	WCC 38482012 CA

Case Name:	Moulton v. WCAB		11/06/2000
Summary:	JILL MOULTON, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, Respondent; COUNTY OF SAN DIEGO, Real Party in Interest. [84 Cal. App. 4th 841] We annul the order of the WCAB with directions to impose penalties consistent with this opinion. The County failed to do so; it made no payment until Moulton filed and served a petition for penalty on July 13, 1999. [2] 'In considering a petition for writ of review of a decision of the WCAB, this court's authority is limited. 'Decisions of the WCAB reported in California Compensation Cases are citable as authority, although they are not binding on this court.
Note:	Failure to issue self imposed 4650 penalty for late TTD payment creates 5814 liability.
Citation:	84 Cal.App.4th 837
WCC Citation:	WCC 24672000 CA

Case Name:	Moyer v. WCAB		03/31/1972
Summary:	J. M. MOYER, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD and SUBSEQUENT INJURIES FUND, Respondents (Opinion by Kaufman, J. , with Gardner, P. J. , and Kerrigan, J. , concurring. )Applicant filed an application for additional benefits from the Subsequent Injuries Fund pursuant to Labor Code, sections 4751 through 4755. Under date of August 6, 1970, Applicant's attorney had obtained a written informal advisory rating of certain of the medical reports. The issue of apportionment is germane to proceedings between an employee and his employer and its insurance carrier. Nevertheless, in the context of claimed successive disablements, the issues of apportionment and preexisting permanent partial disability are correlative.
Note:	A preexisting permanent partial disability must interfere with one's ability to do work.
Citation:	24 Cal.App.3d 650
WCC Citation:	WCC 24781972 CA

Case Name:	Moyer v. WCAB		10/19/1973
Summary:	JAMES M. MOYER, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD and SOUTHERN CALIFORNIA EDISON COMPANY, Respondents In Bank. OPINION SULLIVAN, J. Petitioner James Moyer seeks review of a decision of respondent Workmen's Compensation Appeals Board (Board) following reconsideration. Petitioner was awarded a permanent disability indemnity of $1,942. 50 based on a rating, after apportionment, of 9 1/4 percent. [2] We also reject at the start as without merit petitioner's claim that the provision under examination conflicts with section 3202. fn. I would affirm the decision for the reasons expressed by Mr. Justice Bray in the opinion prepared by him for the Court of Appeal in Moyer v. Workmen's Compensation Appeals Board (Cal.
Note:	'Voluntary' acceptance requires notice that perm. disab. rating may be lesser if determined after completion of program.
Citation:	10 Cal.3d 222
WCC Citation:	WCC 26461973 CA

Case Name:	Moyles v. WCAB		03/23/1982
Summary:	He was hospitalized for six days, though not in the cardiac unit, and remained off work for about five weeks. The applicant and Argonaut submitted the compromise and release to the workers' compensation judge for approval. On January 6, 1978, the workers' compensation judge issued an order approving the compromise and release. An approved compromise and release agreement has the same force and effect as an award made after a full hearing. '[s] Ernest W. Moyles ERNEST W. MOYLES, Applicant LEVY, KOSZDIN, GOLDSCHMID & SROLOFF By:[s] Charles Burke Attorney for Applicant' NOTE: This is a summarization of the CCC citation.
Note:	Cum. injury C&R not set aside for want of sufficient consideration evident only after the fact.
Citation:	47 CCC 328
WCC Citation:	WCC 26051982 CA

Case Name:	Mt. Diablo Unified School District v. WCAB		08/08/2008
Summary:	DIABLO UNIFIED SCHOOL DISTRICT, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and NICOLE ROLLICK, Respondents. Diablo) to decide whether temporary disability payments commence when a school district pays an injured employee his or her normal wages under Education Code*fn1 section 44043. Diablo, its "insurer"*fn7 issues a "voucher" equal to the injured worker's temporary disability rate directly to the school district. Diablo Unified School District v. WCAB, A120204 Counsel for Petitioner: Pulley & Cohen LLP Warren A. Diablo Unified School District v. WCAB, A120204 =========Footnotes========== .
Note:	Given that section 44043 payments are, in part, temporary disability benefits under the workers' compensation laws, temporary disability payments commence when a school district pays an injured employee his or her normal wages under Education Code section 44043.
Citation:	A121204
WCC Citation:	WCC 34092008 CA