Case Name:	Pharris Sand & Gravel Inc. v. WCAB		12/23/1982
Summary:	No. 27959 December 23, 1982 C. L. PHARRIS SAND & GRAVEL, INC. , ET AL,. Employer is in the business of producing rock, sand and gravel and, as a member of an association of rock, sand and gravel producers, is a party to a [138 CalApp3d Page 587] collective bargaining agreement between the association and Local 12 of the International Union of Operating Engineers. The curriculum, the class schedules, the location and time of classes and class assignments are determined and made by the trust. 105, 495 P. 2d 433], and questioning whether applicant was in the employ of any of the defendants*fn2 while attending apprenticeship classes. "'Ordinarily, under the going and coming rule, an injury which occurs while an employee is driving to or from work is not compensable .
Note:	For special mission rule to apply, employer must have requested employee to undertake errand.
Citation:	138 Cal. App. 3d 584
WCC Citation:	WCC 30391982 CA

Case Name:	Phillips vs/ Sacramento Co. Utilities Dist.		08/04/1998
Summary:	WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA VINCE PHILLIPS (Deceased); TINA PHILLIPS, individually, and as Guardian ad Litem and Trustee for COLE PHILLIPS and JAKOB PHILLIPS, Applicants, vs. SACRAMENTO MUNICIPAL UTILITIES DISTRICT, Permissibly self-insured, Defendant. The decedent, Vince Phillips, was employed as a tree trimmer by the Sacramento Municipal Utilities District. But Labor Code section 4453 limits "average weekly earnings" to a maximum amount which depends on the date of injury. Relying on Labor Code section 4461. 5, the WCR awarded death benefits at rates of up to $441. 40 per week. Therefore, when the temporary disability rate is increased pursuant to section 4661. 5, the death benefit rate must similarly be increased.
Note:	Adjustment per LC 4661.5 applies to weekly death benefit rate.
Citation:	63 CCC 585. 595
WCC Citation:	WCC 29061998 CA

Case Name:	Phillips, Spallas & Angstadt, LLP v. Fotouhi		07/27/2011
Summary:	PHILLIPS, SPALLAS & ANGSTADT, LLP v. FOTOUHI PHILLIPS, SPALLAS & ANGSTADT, LLP et al. , Plaintiffs and Respondents, v. SHAHAB E. FOTOUHI et al. , Defendants and Appellants. [,]" Fotouhi, Epps, Hillger & Gilroy, P. C. (the Corporation); and (3) adding both the Partnership and the Corporation to the judgment against Fotouhi as his alter egos. FACTUAL BACKGROUND In November 2000, Fotouhi entered into a partnership agreement with Phillips, Spallas & Fotouhi, LLP (the Phillips firm). Fotouhi, Epps, Hillger & Gilroy, LLP registered as a limited liability partnership on March 25, 2004. *fn2 The superior court confirmed the arbitration award against Fotouhi and entered a $2. 4 million judgment in plaintiffs' favor on June 17, 2009.
Note:	An appellate court affirmed a charging order that will help one law firm collect a $2.4 million judgment against a firm that was created by a former partner.
Citation:	A129047
WCC Citation:	WCC 37842011 CA

Case Name:	Pizarro v. Superior Court		09/18/1967
Summary:	RAYMON PIZARRO, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; ALBERT D. ALVES, Real Party in Interest. For authority, Greitz relied on Vickich v. Superior Court (1930) 105 Cal. App. 587 [288 P. 127], and Loustalot v. Superior Court (1947) 30 Cal. 2d 905 [186 P. 2d 673]. The court then reviewed in depth the legislative history of section 5955 and reiterated and emphasized that the superior court lacked jurisdiction to in any way interfere with any order of the commission. Without mentioning the decisions reviewed above, the respondent court relied instead for authority on Gamble v. Superior Court (1919) 39 Cal. App. 661 [179 P. 717] fn. An order of the Industrial Accident Commission may not be reviewed by a superior court even though it is erroneous.
Note:	Superior court had no equity jurisdiction to enjoin execution of judgment.
Citation:	254 Cal.App.2d 416
WCC Citation:	WCC 26111967 CA

Case Name:	Pizza Hut of San Diego, Inc. v. WCAB		01/13/1978
Summary:	PIZZA HUT OF SAN DIEGO, INC. , et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and BARBARA W. BAILEY, Respondents. Pizza Hut of San Diego, Inc. (Pizza Hut) seeks annulment of a workers' compensation award on the ground the applicant's claim is barred by the one-year statute of limitations established by Labor Code section 5405. fn. 1 Upon reconsideration the Workers' Compensation Appeals Board (Board) rejected Pizza Hut's claim of bar for two reasons: (1) Pizza Hut had failed to prove its affirmative defense based upon the statute of limitations, and (2) Pizza Hut was estopped to assert the statute of limitations under the doctrine announced in Reynolds v. Workmen's Comp. On May 20, 1974, Barbara W. Bailey slipped and fell on a wet floor at the Pizza Hut restaurant where she was employed as a store manager. The accident was witnessed by a regional manager of Pizza Hut.
Note:	Time limit for filing new and further disability extends until 5 years after employer last volunteered benefits.
Citation:	76 Cal.App.3d 818
WCC Citation:	WCC 27721978 CA

Case Name:	Placer Co. v. WCAB (Halkyard)		06/21/1995
Summary:	Placer County Office of Education, Claims Management, Inc. , Petitioners v. WorkersCompensation Appeals Board, Mary Halkyard, Respondents. The WCJ in his Report and Recommendation on Reconsideration relied upon Admin. With regards to earnings, Defendant argued that since Applicant earned zero wages off-season, Applicant's correct off-season earnings rate would be zero. The WCAB denied reconsideration, and Defendant's Petition for Writ of Review was also denied. The Board found that the WCJ should not have included unemployment compensation in computing Applicant's TD during her off season.
Note:	Applicant's testimony will support P&S finding; WCJ may estimate off season earn capacity.
Citation:	60 CCC 641(Writ Denied)
WCC Citation:	WCC 28811995 CA

Case Name:	PM&R Associates v. WCAB		04/27/2000
Summary:	[80 Cal. App. 4th 361] PM & R filed a petition for writ of review, claiming the decision of the WCAB is incorrect. Dr. Sharma and Dr. Wlasichuk set up an office in Visalia, California known as PM & R (Physical Medicine and Rehabilitation) Associates. By allowing the WCAB to determine this issue, PM & R contends there is a substantial risk of obtaining conflicting opinions. To the extent the WCAB cannot determine any of the issues without a case-by-case analysis, it should proceed with a case-by-case analysis. The WCAB is ordered to grant petitioner's petition for reconsideration and conduct further proceedings in accordance with this opinion.
Note:	WCAB jurisdiction over payment of med. treatment controversies includes allowing use of med. assistants in administering treatment.
Citation:	80 Cal.App.4th 357
WCC Citation:	WCC 26372000 CA

Case Name:	Polanco v. Truck Ins.		06/02/2010
Summary:	Filed 6/2/10 Polanco v. Truck Ins. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE ROLANDO POLANCO Plaintiff and Appellant, v. TRUCK INSURANCE EXCHANGE, Defendant and Respondent. INTRODUCTION Plaintiff and appellant Rolando Polanco asserted causes of action for negligence and negligent infliction of emotional distress against defendant and respondent Truck Insurance Exchange. The trial court sustained defendant's demurrer to plaintiff's second amended complaint without leave to amend, and then entered an order dismissing plaintiff's action. "The elements of a cause of action for negligence are: duty; breach of duty; legal cause; and damages.
Note:	[Unpublished] Check issuer did not owe a duty to plaintiff, with the result that it's failure to confirm the genuineness of plaintiff's disability check.
Citation:	B216128
WCC Citation:	WCC 36322010 CA

Case Name:	Polinger v. Delta Airlines		08/10/2009
Summary:	Polinger was employed by DAL Global Services (DGS), a separate entity which contracted with Delta to provide ground services, including cargo loading, to Delta. The evidence showed that Delta trained Polinger on the use of the system, Polinger took special courses from Delta to become a trainer himself, and Polinger trained hundreds of people on the use of the system. * Similarly, Delta asked Polinger to "[a]dmit that Delta did not have the right to control the method Polinger used to perform his work in loading cargo for DGS," and Polinger responded, "Deny," making the same objections. Polinger answered, with respect to each of the two responses just quoted, as follows: "[A]though [Polinger] was not an employee of Delta, [DGS's] goals, targets, and work in and around Delta planes were set by Delta with the express goal of [DGS] pleasing [its] customer Delta. If Delta wished to obtain an admission from Polinger that it (Delta) had the right to control the manner or method in which he performed his work, it should have asked Polinger to admit precisely that.
Note:	[Unpublished] Triable issues of fact clearly exist on the question whether defendant was plaintiff's special employer, so summary judgment on that issue should not have been granted.
Citation:	B204958
WCC Citation:	WCC 35532009 CA

Case Name:	Pollock Stockton Shipbuilding Co. v. WCAB		01/26/1998
Summary:	Pollock Stockton Shipbuilding Company, Chubb/Pacific Indemnity Company, Petitioners v. Workers' Compensation Appeals Board, Robert D. Torres (Dec'd), Sue Torres (Widow), Respondents Deceased employee, Robert Torres, claimed a cumulative injury to his lungs and respiratory system from exposure to asbestos. The WCAB had a hearing on March 25, 1996, examining many issues such as the date of decedent's last expoure to asbestos, medical-legal bills, and approval of a C&R agreement. The presiding WCJ approved this C&R, and there was to be adjustment of contribution between Fireman's Fund and Chubb. The WCJ issued its Findings & Award on April 9, 1996, finding that decedent was last exposed to asbestos on September 30, 1943, while he was an employee for Pollock. The WCAB denied reconsideration, and defendant's petition for writ of review was also denied.
Note:	Request for credit for employee's 3rd party settlement must be made in a timely manner.
Citation:	63 CCC 212 (Writ Denied)
WCC Citation:	WCC 25991998 CA