Case Name:	Pennington v. WCAB		09/17/1971
Summary:	FREDERICK E. PENNINGTON, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, COUNTY OF LOS ANGELES et al. , Respondents (Opinion by Files, P. J. , with Jefferson and Dunn, JJ. , concurring. )He filed a claim for workmen's compensation and was paid temporary disability payments from January 19, 1969, through February 1, 1970. We issued a writ of review to bring the record of the appeals board here. (Gaudin) (1965) 232 Cal. App. 2d 305 [42 Cal. Rptr. 822] and City of Palo Alto v. Industrial Acc. Both of those cases deal with the question whether the injured man was entitled to receive permanent disability benefits.
Note:	Sheriff's TD credited against PD was wrong, 4850 doesn't deny rights of 4661.
Citation:	20 Cal.App.3d 55
WCC Citation:	WCC 25431971 CA

Case Name:	Penny v. WCAB		07/12/1983
Summary:	She complained of constant back pain, inability to do chores, difficulty in lifting more than five pounds, and difficulty bending and stooping. She demonstrated how she had to walk; slowly, hanging onto a wall and bent over. The defendant introduced motion pictures into evidence showing Ms. Penny performing all of the above activities, including walking normally, without any apparent difficulty. The WCJ stated that the motion picture films 'drastically reduced' Ms. Penny's credibility and that it was clear she had willfully misstated the facts regarding her condition to the examining physicians. NOTE: This is a summary of the CCC - the user should review the actual case prior to citation.
Note:	Unreasonable to require defs. to pay applicant depo. fees if depo. is deceitful, fraudulent.
Citation:	48 CCC 468
WCC Citation:	WCC 3741983 CA

Case Name:	People ex rel Monterey Mushrooms, Inc. v. Thompson		01/04/2006
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT No. H026396 January 4, 2006 THE PEOPLE, EX REL. Meanwhile, Thompson and Kifle-Thompson represented these corporations and their affiliated clinics to the public and to Monterey Mushrooms as providers of medical services. "*fn9 Defendants' opposition to the court's assumption of jurisdiction resembles that of the defendants in People ex rel. Joint and Several Liability As noted earlier, the Thompson defendants (Thompson, Kifle- Thompson, and their corporate entities) were found jointly and severally liable for civil penalties. *fn3 The reference to the "Thompson defendants" encompassed Thompson, Kifle- Thompson, Practice Management Systems, Inc. (doing business as Nevada Practice Management Systems, Inc. ) PMG, IFMG, and two of their affiliated clinics.
Note:	Civil action allowed for workers' compensation fraud.
Citation:	136 Cal. App. 4th 24
WCC Citation:	WCC 31382006 CA

Case Name:	People of the State of California v. Culpepper		04/30/2018
Summary:	NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT .             PEOPLE OF THE STATE OF CALIFORNIA ex rel. TIG Insurance Company et al. , Plaintiffs-Appellants, .             v. .             BRAD CULPEPPER, DOES, 1-100, inclusive, Defendants-Appellees. .             No. 16-56639 .             D. C. No. 8:16-cv-01555-CJC-JCG .             MEMORANDUM*  .             * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. .             Appeal from the United States District Court for the Central District of California  .             Cormac J. Carney, District Judge, Presiding   .           Argued and Submitted April 10, 2018  .           Pasadena, California .           Before: BEA, MURGUIA Circuit Judges; KEELEY, ** District Judge .           ** The Honorable Irene Keeley, Senior United States District Judge for the Northern District of West Virginia, sitting by designation. .           Brad Culpepper, Defendant-Appellee, is a former professional football player for the Chicago Bears.
Note:	Exclusive remedy doesn’t prevent an insurance carrier from proceeding with a suit against a former professional football player who appeared on the television show 'Survivor" after settling his workers’ compensation claim for fraud, the U.S. 9th Circuit Court of Appeals ruled.
Citation:	No. 16-56639
WCC Citation:	D.C. No. 8:16-cv-01555-CJC-JCG

Case Name:	People v. Alvarez		02/11/2010
Summary:	Several witnesses testified they paid Alvarez to do construction work during the time he was receiving workers' compensation benefits. Alvarez completed a "new patient" questionnaire, on which he stated he had not been working since February 20, 2002. Defense Case Alvarez testified that Doshi lied when he testified that Alvarez had told him he had not been working at all. When Shoemaker asked Alvarez if he was currently working he answered no because he had not returned to his previous employer. Forfeiture Because counsel for Alvarez agreed that no further inquiry of Juror No. 1 or the foreperson was needed after the jury returned their verdicts, Alvarez has forfeited this issue on appeal.
Note:	A note from a juror complaining about fellow jurors did not warrant a hearing about any potential misconduct as the jury convicted a construction worker of six counts of workers' compensation fraud.
Citation:	D053339
WCC Citation:	WCC 35972010 CA

Case Name:	People v. Amin		10/30/2000
Summary:	THE PEOPLE, Plaintiff and Respondent, v. BELQUIS AMIN, Defendant and Appellant. [85 Cal. App. 4th 60] OPINION JONES, P. J. - The trial court ordered appellant, Belquis Amin, to pay restitution to an insurance carrier which she had defrauded. He said that '[v]arious aspects of the history and record review suggest that deliberate symptom exaggeration is a factor here . At present, I cannot identify sufficient psychiatric factors preventing Ms. Amin from returning to work. '[¶] Because of malingering demonstrated by Ms. Amin, her subjective report of symptoms is not an accurate representation of her subjective disability .
Note:	WCAB has no exclusive jurisdiction over restitution in fraud cases; civ. ct. jurisdiction may override (spec. in Insur. Code).
Citation:	85 Cal.App.4th 58
WCC Citation:	WCC 4012000 CA

Case Name:	People v. Blick		07/24/2007
Summary:	Blick was kept off work and Dr. Baciocco's note indicated Blick was presently walking with the aid of crutches. *fn2 On April 10, 1996, Blick visited Dr. Conrad with a letter from her attorney requesting a statement Blick was unable to drive or use public transportation. On September 4, 1996, Dr. Conrad wrote to the Cities Group stating Blick continued to experience considerable discomfort in the knee, a return to work under even modified conditions was contraindicated, and Blick was considered totally and permanently disabled. Dr. Conrad noted Blick was becoming less dependent on assistive devices, but was still under the impression Blick was using crutches the majority of the time. Blick was placed under video-taped surveillance on December 26, 2000, February 1, 2001, March 7, 2001 and November 15, 2001.
Note:	In order to violate subsection (b)(3) of Insurance Code section 550, a person, in addition to concealing or knowingly failing to disclose, must intend to obtain benefits to which they would not be entitled if they had made the disclosure. In short, the person must intend to commit a fraud.
Citation:	153 Cal. App. 4th 759; 63 Cal. Rptr. 3d 260
WCC Citation:	WCC 32402007 CA

Case Name:	People v. Boulware		04/10/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, v. RUBEN O. BOULWARE, Defendant and Appellant. Ruben O. Boulware (appellant) was found guilty by jury of two counts of workers' compensation fraud (Ins. (People v. Ruben Odell Boulware, B171283, filed Oct. 26, 2004 [unpub. Appellant had also filed a petition for habeas corpus that this court considered concurrently with the appeal, In re Ruben O. Boulware, B174108. The trial court dismissed the charges of workers' compensation fraud, leaving appellant with only the one conviction of insurance fraud.
Note:	[Unpublished] After the appellant has obtained an order for a new trial, a trial court is limited to imposing a sentence no greater than that originally imposed. Thus, the trial court here was unhampered during resentencing by its former choice of middle-term punishment for the insurance fraud.
Citation:	B199914
WCC Citation:	WCC 33402008 CA

Case Name:	People v. Chavez		04/02/2008
Summary:	This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. JOSE MARIA CHAVEZ, Defendant and Appellant. Ct. No. SS062827A) Defendant Jose Maria Chavez filed a workers compensation claim in which he sought benefits for a back injury that occurred while he was working as a drywall hanger for All Pro Drywall on June 4, 2003. Defendant also testified at a hearing before the Workers Compensation Appeals Board that he had not worked since the June 4, 2003 job injury. At the time of sentencing, defendant did not object to the sentence or any of the conditions of probation.
Note:	[Unpublished] Appointed counsel has filed an opening brief that states the case and facts but raises no issues. The court notified defendant of his right to submit written argument in his own behalf within 30 days. That period has elapsed and the court received no response from defendant. There is no triable issue on appeal.
Citation:	H031813
WCC Citation:	WCC 33362008 CA

Case Name:	People v. DiGiorgio		10/20/2009
Summary:	On April 30, 2003, roughly a week after the accident, DiGiorgio went to see Dr. Adam Vigil at his office. On June 9, 2004, Merendino interviewed DiGiorgio for the purpose of determining the cause of the injury. DiGiorgio told Merendino that in August or September of 2003, she was struck by a suspect's vehicle while working patrol. DiGiorgio advised Diaz that the pain she was experiencing was a result of being struck by a vehicle while on duty. Subsequent to his examination of DiGiorgio, Chun reviewed a report by Vigil regarding treatment of DiGiorgio in April 2003, and testified the report indicated DiGiorgio had experienced and reported similar physical complaints to Vigil.
Note:	[Unpblished] Police officer's conviction for insurance fraud upheld.
Citation:	G041559
WCC Citation:	WCC 35732009 CA