Case Name:	Patterson v. Nestle Waters		05/20/2009
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO ADRAINE PATTERSON, Plaintiff and Appellant, v. NESTLE WATERS NORTH AMERICA, INC. et al. , Defendants and Respondents. Plaintiff Adraine Patterson (plaintiff) was terminated from her employment at Nestle Waters North America (Nestle) after sustaining a job-related injury and then not being able to perform her job or any other available position at Nestle. Plaintiff sued Nestle and Nestle plant manager, Humberto Gomez, (defendants) for violating the California Fair Employment Practice Act (FEHA) (Gov. Code, § 12900 et seq. At the time of plaintiff's employment at Nestle, Nestle also produced juice products in aluminum cans at the plant. After filing FEHA discrimination claims against Gomez, Hartfield, Navin, Flynn and Nestle, plaintiff filed the instant lawsuit in July 2006, against Nestle and Gomez.
Note:	[Unpublished] A worker failed to raise any issues of material fact in a suit alleging that a bottling plant violated the California Fair Employment and Housing Act.
Citation:	E045764
WCC Citation:	WCC 35262009 CA

Case Name:	Patterson v. Sharp		08/31/1970
Summary:	1 shows the following facts: [10 Cal. App. 3d 993] Albert Patterson, while on the job on April 15, 1965, received an injury which caused his death on July 18 of the same year. At the time of intervention, the total amount expended by intervener pursuant to the 1967 workmen's compensation award was $12,934. 04. (According to the stipulated facts in the agreed statement on appeal, the verdict was 'supported in all respects by substantial evidence. ')5 Granting defendant's motion, the trial court made formal findings of fact that (1) intervener had paid 'to plaintiff' fn. In such case, the latter may assert that the injury or death was a proximate result of the concurrent negligence of the employer.
Note:	Reduction of 3rd party death benefits due to finding of employer negligence.
Citation:	10 Cal.App.3d 990
WCC Citation:	WCC 24741970 CA

Case Name:	PATTERSON vs. THE OAKS FARM		07/24/2014
Summary:	THE OAKS FARM; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for CALIFORNIA COMPENSATION INSURANCE COMPANY, in liquidation, Case No. ADJ3905924 (ANA 0339374) (Oxnard District Office) OPINION AND DECISION AFTER RECONSIDERATION (Significant Panel Decision) Defendants. PATTERSON, Jennifer [M. D. ]’s November 10, 2011 report despite numerous emails and phone contact
” 2 attorney filed an objection to applicant’s request for expedited hearing. A case manager has been utilized in the recent past, however, disputes frequently arise between applicant and various assistants, including nurse case manager(s). PATTERSON, Jennifer resultant labryrinthitis/vestibular dysfunction, post traumatic head syndrome, cervical and lumbar injuries and occipital neuralgia. As noted, I had determined that Ms. Patterson continued to be in need of psychological intervention at the time of my initial evaluation.
Note:	OPINION AND DECISION AFTER RECONSIDERATION (Significant Panel Decision)
Citation:	ADJ3905924
WCC Citation:	ADJ3905924

Case Name:	Paul Brothers v. New York State Electric and Gas Corp.		10/21/2008
Summary:	Paul Brothers, Appellant, v. New York State Electric and Gas Corporation, Respondent, et al. , Defendants. READ, J. : In October 1999, defendant New York State Electric & Gas Corporation (NYSEG) applied to the New York State Department of Transportation (DOT) for a form highway work permit authorizing it to undertake "electric and gas maintenance work in highway region #8 (Columbia, Dutchess, Orange, Putnam, Westchester, Rockland, and Ulster Counties)" between January 1 and December 31, 2000. NYSEG and other utilities providing electric and gas service to customers in upstate New York ask DOT each year for these generic work permits, which allow them to construct, maintain and repair electric and gas network and support facilities in state highway rights-of-way. DOT granted NYSEG the permit, which set forth a detailed outline entitled "Method of Performing Work Within the State Highway Right of Way. "Tamarack employed about a dozen workers on this project, including plaintiff Paul Brothers.
Note:	Although plaintiff presses the point that NYSEG should be held liable because it voluntarily assumed a duty to comply with the safety regulations recited in the permit, NYSEG does not really have a choice in the matter; it cannot shirk maintenance work in state highway rights-of-way.
Citation:	00002
WCC Citation:	WCC 34462008 CA

Case Name:	Pavon, et al v. Glaeser Builders, Inc.		09/26/2011
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE JOSE LUIS PAVON, SR. , ET AL. , PLAINTIFFS AND APPELLANTS, v. GLAESER BUILDERS, INC. , ET AL. , DEFENDANTS AND RESPONDENTS. Hollins Law, Kathleen Mary Kushi Carter, Tamara M. Heathcote and Johnathan D. Cloud for Defendants and Respondents Glaeser Builders, Inc. , Peter Glaeser and Kristine Glaeser. Plaintiffs sued the Glaesers, Glaeser Builders, Inc. and Glaeser Management Company (Defendants). FACTUAL AND PROCEDURAL BACKGROUND On August 16, 2006, decedent was killed by electrocution while performing concrete work at the home of defendants Peter and Kristine Glaeser. Defendants Glaeser Management Co. and Glaeser Builders, Inc. are remodeling and construction businesses associated with the Glaesers.
Note:	A trial court erred by dismissing a general negligence cause of action after determining a worker who was fatally electrocuted was an independent contractor.
Citation:	B225280
WCC Citation:	WCC 38052011 CA

Case Name:	Payless Shoe Source v. WCAB		07/08/2008
Summary:	Filed 7/8/08 Payless Shoe Source v. WCAB CA5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8. 1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8. 1115(b). IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT PAYLESS SHOE SOURCE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and RHONDA DALERIO, Respondents. -ooOoo- *Before Levy, Acting P. J. , Gomes, J. , and Hill, J. Payless Shoe Source (Payless) petitioned this court for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB). BACKGROUND Rhonda Dalerio worked as a sales and stock clerk for a Payless shoe store in Oakhurst from October 25, 1999, through August 16, 2003. Based on the documentary evidence, the WCJ concluded only the injuries already accepted by Payless were industrially related and awarded her further related medical care.
Note:	[Unpublished] The WCAB must determine whether a report of a treating physician indicated the existence of permanent disability, thereby warranting the use of the 1997 PDRS. If the record is void of such evidence prepared before January 1, 2005, then Dalerio's permanent disability must be rated under the 2005 PDRS pursuant to section 4660, subdivision (d).
Citation:	F053612
WCC Citation:	WCC 33932008 CA

Case Name:	Paz v. Tech Flex		09/12/2019
Summary:	WORKERS' COMPENSATION APPEALS BOARD  ST A TE OF CALIFORNIA .             GLADYS PAZ, Applicant, .             v. .             TECH FLEX; SEABRIGHT INSURANCE COMPANY, Defendants, .             TRI-COUNTY MEDICAL GROUP, Lien claimant. .             Case No. ADJ8969504 (Van Nuys District Office) .             OPINION AND DECISION AFTER RECONSIDERATION .             We previously granted the petition of lien claimant Tri-County Medical Group for reconsideration of the March 8, 2016 Findings And Order of the workers' compensation administrative law judge (WCJ) as signed the following day and served on March 16, 2016. .             An answer was not received. .           For the foregoing reasons, .           IT IS ORDERED as the Decision After Reconsideration of the Workers' Compensation Appeals Board that the March 8, 2016 Findings And Order of the workers' compensation administrative law judge is AFFIRMED. .           WORKERS' COMPENSATION APPEALS BOARD .           DEIDRA E. LOWE .           I CONCUR, .           MARGUERITE SWEENEY .           FRANK M. BRASS .           DATED AND FILED AT SAN FRANCISCO, CALIFORNIA .           SEP 1 2 2016 Further statutory references are to the Labor Code unless otherwise stated.
Note:
Citation:	ADJ8969504
WCC Citation:	ADJ8969504

Case Name:	PDM Steel Service Centers v. Mullen & Filippi		08/08/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT PDM STEEL SERVICE CENTERS, INC. , Plaintiff and Appellant, v. MULLEN & FILIPPI, Defendant and Respondent. INTRODUCTION On July 20, 2006, appellant PDM Steel Service Centers, Inc. , filed a multi-cause complaint in Fresno County Superior Court alleging respondent Mullen & Filippi, LLP, mishandled a worker's compensation matter relating to one of appellant's employees. STATEMENT OF THE CASE*fn2 On April 6, 2007, McLean & McLean LLP, attorneys for appellant PDM Steel Service Centers, Inc. , filed a proof of service in superior court. The proof of service filed with the Court for Mullen & Filippi fails to do so; 'receptionist' appears no where thereon. We impose those sanctions jointly and severally against attorneys Mark A. McLean and Benjamin L. Kennedy, counsel for appellant PDM Steel Service Centers, Inc. B.
Note:	[Unpublished] Given all of the facts and the controlling legal authority, any reasonable attorney would agree this appeal is totally and completely without merit.
Citation:	F054031
WCC Citation:	WCC 34102008 CA

Case Name:	Peak v. IAC		12/18/1947
Summary:	GEORGE PEAK, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, Respondent. Peak September 8, 1945, and that he placed him in the hospital at that time. This letter states 'Copies of these reports are being forwarded to Mr. George Peak, 1601 Fifth Street, San Rafael. 'Peak: Have you got Dr. Tyler's report of the x-rays?Peak: I didn't get Dr. Williams, none of Dr. DeLancey's or Dr. McCarthy.
Note:	Award set aside b/c expert testimony not served to all parties involved.
Citation:	82 Cal.App.2d 926
WCC Citation:	WCC 25781947 CA

Case Name:	Pearl v. WCAB (Sup. Ct.)		07/19/2001
Summary:	He subsequently petitioned the Workers' Compensation Appeals Board (WCAB) to determine whether the injury was industrial, entitling him to increased benefits. On another occasion, while Pearl was in a toilet stall, his supervisor set off a packet of firecrackers in the stall. Pearl also believed that his supervisor had given him an unfair performance evaluation that had damaged his career. During this period, Pearl also suffered family pressures, including his brother's spousal murder and suicide, which occurred shortly before Pearl began work at the university, and Pearl's own divorce and custody dispute. Pursuant to Government Code section 21166, Pearl petitioned the WCAB for a finding of fact on the issue.
Note:	Gov't Code sect. 20046, and not Labor Code 3208.3, governs whether disability of a PERS member is
Citation:	26 Cal.4th 189, 64 CCC 470
WCC Citation:	WCC 28102001 CA