Case Name:	People v. Sun		05/06/2011
Summary:	We only have medical for $2,000" even though liability was uncontested and the property damage significant, "[s]o we have to do something. "Sun said he had spoken to the Changs who were willing to see Dr. Shoung, but did not know the procedure. He mentioned that they had already returned to Dr. Shoung at his urging once after their treatments ended. Sun said that, "after consideration, [he] decided to contact Dr. Shoung to see if we can do something. ""1 Sun observed that Fong had "experience," and said, "I don't need to, you know, to tell you how to prepare it. "
Note:	The 2nd District Court of Appeal affirmed the conviction of an Arcadia-based attorney for insurance fraud and unauthorized practice of law.
Citation:	B222420
WCC Citation:	WCC 37612011 CA

Case Name:	People v. Svercsics		11/18/2011
Summary:	In 1998,1 while Svercsics was working as a chef at Station 55 in Gilroy, California, he slipped and fell. On October 17, 2005, Dr. Ignacio stated in her treatment plan that she wondered if Svercsics had "secondary gain" issues. On October 31, 2005, James McSweeney, an orthopedic surgeon, examined Svercsics to render an opinion as to Svercsics's July 2005 injury. Terry Piccirelli, the owner of a house where Svercsics resides, testified that Svercsics does not read or write English and had a good reputation in the community. It was alleged in count 3 that when attorney Romano asked Svercsics whether he had suffered any work-related injuries prior to 1998, Svercsics answered that he had not.
Note:	Evidence supported a trial court's decision to convict an applicant of fraud and order $9,500 in restitution.
Citation:	D057111
WCC Citation:	WCC 38282011 CA

Case Name:	Pereira v. WCAB		10/14/1987
Summary:	GAIL PEREIRA, Petitioner v. WORKERS' COMPENSATION APPEALS BOARD, R. BURKE CORPORATION et al. , Respondents (Opinion by Stone, P. J. , with Gilbert and Abbe, JJ. , concurring. )She did not return to her job with respondent employer, however, because she believed her knee was too weak. 1 The record does not reflect whether applicant ever filed a formal request for vocational rehabilitation with the Bwreau. Approximately four months later, however, Doctor Michael Baratta opined that applicant was permanent and stationary and could return to her former work without restriction. Doctor Strait reported on August 13, 1984, that he had reexamined applicant and applicant is a qualified injured worker.
Note:	Retroactive VRMA due if applicant QIW before prima facie showing of entitlement.
Citation:	196 Cal.App.3d 1
WCC Citation:	WCC 3831987 CA

Case Name:	Perez v. WCAB		02/21/1984
Summary:	No. 69688 February 21, 1984 JOSEPH PEREZ, PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD, MCDONNELL DOUGLAS CORPORATION ET AL. , RESPONDENTS Edward C. Reid for Petitioner. Woods [152 CalApp3d Page 62] Petitioner Joseph Perez seeks review of the order of respondent Workers' Compensation Appeals Board denying reconsideration of the order and findings of the workers' compensation judge disallowing benefits to Perez for injuries sustained while he was en route from his workplace to attend a specially called union meeting. No wages or other expenses were paid for time spent during this meeting or in traveling to or from it. *fn1 En route the automobile collided with another automobile, resulting in the serious injuries for which petitioner seeks compensation benefits. The WCAB found that the injury arose out of the course of employment.
Note:	Lack of evidence of special mission supports application of "coming and going" rule.
Citation:	152 Cal. App. 3d 60
WCC Citation:	WCC 30421984 CA

Case Name:	Permanente Medical Group v. WCAB		05/21/1987
Summary:	The Permanente Medical Group, Kaiser Foundation Hospitals, Petitioner v. Workers Compensation Appeals Board of the State of California; Le Roy Ford; Royal Insurance Company; and Terry Lennon, Respondents. Terry Lennon filed an application for workers' compensation benefits on 9/16/85. Kaiser Permanente provided medical treatment that was unpaid at the time the application was filed. Thereafter, Kaiser filed a lien claim and the workers' compensation judge denied it. The Appeals Board denied Kaiser's petition for reconsideration and said that a lien may not be allowed when there is nothing to attach.
Note:	Lien claim filed after C&R approved denied as there are no funds on which to attach.
Citation:	52 CCC 220 (Writ Denied)
WCC Citation:	WCC 28771987 CA

Case Name:	Perry v. WCAB		11/21/1972
Summary:	LEROY M. PERRY, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, STATE OF CALIFORNIA et al. , Respondents (Opinion by Weinberger, J. , with Molinari, P. J. , and Elkington, J. , concurring. )[1] The case involves reconciliation of the provisions of Labor Code section 4850 and 4854. (See Austin v. City of Santa Monica (1965) 234 Cal. App. 2d 841, 844-845 [44 Cal. Rptr. 857]; City of Palo Alto v. Industrial Acc. [Fraide] (1965) 63 Cal. 2d 242, 253 [46 Cal. Rptr. 97, 404 P. 2d 801]; City etc. of S. F. v. Workmen's Comp. In the absence of an express direction that the former are in lieu of the latter, they should be considered cumulative.
Note:	Injured fireman entitled to full comp. for PD and paid leave of absence with no credit given to employer.
Citation:	28 Cal.App.3d 828
WCC Citation:	WCC 27051972 CA

Case Name:	Peterson v. CIGA		01/26/2009
Summary:	FACTS This matter is the conclusion of litigation that arose in 1998 when David Peterson, now deceased, was injured at work. Under that agreement, petitioner agreed, among other matters, to pay CIGA a certain percentage of David's net recovery in the tort case and to credit CIGA for a certain amount of payments made on David's behalf. It ordered CIGA "to refund $333,553. 00 less 25% of sums CIGA incurred" for medical expenses it had paid on behalf of David from October 29, 2003, to the time of his death. In June 2007, CIGA paid $257,072. 19, an amount agreed upon by the parties as representing the principal amount ordered by the court, $333,553, less 25 percent of sums CIGA had paid for David's medical expenses, or $76,480. 81. This is the exact amount of the offset CIGA took under the award: $333,553. 00 (the principal amount ordered by the court) less $76,480. 81 equals $257,072. 19, the amount CIGA refunded to petitioner.
Note:	The California Insurance Guarantee Association owes the family of a deceased worker 10% annual post-judgment interest on a trial court's award of $257,072 because the 2004 order contained a specific formula for damages.
Citation:	C057814
WCC Citation:	WCC 34852009 CA

Case Name:	Peterson v. State of CA., etc.		12/05/1995
Summary:	On July 13, 1993, Ms. Peterson was examined by Dr. Robert M. Tager, an agreed medical examiner. This application indicated a bona fide dispute with regard to a need for further medical treatment and permanent disability. The stipulations and issues framed at that time were essentially the same as the stipulations and issues at the MSC. The employee testified concerning her occupation and that her complaints were about the same as when examined by Dr. Tager. 217, 135 P. 966 aff'd 249 US 337, State Compensation Fund v. Workers' Compensation Appeals Board (McDowell) 76 Cal.
Note:	Assessment of atty. fee only after employer files appl. for adjudication.
Citation:	60 CCC 1206 (En Banc)
WCC Citation:	WCC 3651995 CA

Case Name:	Pettigrew v. WCAB		09/26/2006
Summary:	The workers' compensation judge (WCJ) and the WCAB found that Pettigrew was not acting as a peace officer at the time he stopped at the accident and that his job duties did not require him to stop and render aid and, therefore, Pettigrew was not within the course and scope of his employment when he was injured. Pettigrew did not introduce any evidence that he was paid with institutional time off for assisting at the accident. Pettigrew filed a petition for reconsideration with the WCAB. We conclude there is, thus Pettigrew fails to show there are grounds for annulment of the WCAB order. We conclude Pettigrew fails to show grounds for annulment of the WCAB order denying his petition for reconsideration.
Note:	The employee was not acting as a peace officer at the time he stopped at the accident as his job duties did not require him to stop and render aid.
Citation:	143 Cal. App. 4th 397
WCC Citation:	WCC 31832006 CA

Case Name:	Pham v. WCAB		02/25/2000
Summary:	NGOC HAI THI PHAM, an Incompetent Person, etc. , Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, CONCORDE FRENCH BAKERY, INC. , et al. , Respondents. In 1994, applicant's earnings from Bakery were $16,129. 48, and she earned $14,052. 40 working another part-time job for Monte G. Bish. As pointed out by [Bakery], the evidence regarding earnings shows a decrease in earnings between 1993 and 1995. 'A reasonable and fair determination of applicant's earning capacity is reflected in applicant's earnings at the time of injury. Subdivision (a) of section 4453 specifies the maximum and minimum levels for average weekly earnings for specified dates of injury.
Note:	Time of injury earnings used to reflect AWW and AWW capacity
Citation:	78 Cal.App.4th 626
WCC Citation:	WCC 23852000 CA