Case Name:	RMC Pacific Materials v. Metropolitan Stevedore		09/10/2009
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR RMC PACIFIC MATERIALS, INC. , Cross-complainant and Respondent, v. METROPOLITAN STEVEDORE COMPANY, INC. , Cross-defendant and Appellant. FACTS*FN1 Respondent RMC Pacific Materials, Inc. (RMC) imports and sells cement. RMC contracted with appellant Metropolitan Stevedore Company, Inc. (Metropolitan) to provide longshoreman laborers who unload the ships. Metropolitan agreed to indemnify RMC from claims asserted against RMC "by any person for personal injury [or] death" resulting from Metropolitan's negligence. Metropolitan notes that the jury assigned 100 percent of the causal blame for the fatal accident to Metropolitan and zero percent to RMC, yet awarded RMC only 75 percent of the amount RMC paid to settle with Padgett's heirs (i. e. , $4,687,500 of the $6,250,000 paid).
Note:	Substantial evidence supported the jury's finding that the employer's negligence was the proximate cause of the longshoreman's death. The trial court did not erroneously instruct the jury that the employer was responsible for Padgett's death.
Citation:	A119173
WCC Citation:	WCC 35652009 CA

Case Name:	Robbins v. Sharp Healthcare		09/26/2006
Summary:	These allegations are based principally upon past recusal orders of Judge Ordas indicating bias against the firm and its attorneys. The accusing attorneys, some still in TIPD's firm, testified against the WCJs and submitted documentation in support of their allegations. I have not done a file audit yet but that will probably take place within the next quarter if necessary. If a judge has previously exercised recusals in any kind of blanket' fashion, that practice is now going to stop - beginning today. "I am confident that each of you has great skill and aptitude when it comes to legal reasoning.
Note:	Bias or the appearance of bias solely against an attorney or law firm may be a valid ground for a petition for disqualification of a WCJ.
Citation:	71 CCC 1291
WCC Citation:	WCC 31852006 CA

Case Name:	Robbins v. Yellow Cab Co.		06/03/1948
Summary:	No. 16268 June 3, 1948 MARTHA GOUGH ROBBINS, APPELLANT, v. YELLOW CAB CO. (A CORPORATION), RESPONDENT APPEAL from a judgment of the Superior Court of Los Angeles County. plaintiff is not entitled to proceed against the employer in this case," and entered its judgment of dismissal of the action. [85 CalApp2d Page 813] Appellant was respondent's cashier and worked on the "graveyard" shift -- midnight to 8 o'clock a. m. Her husband was also employed by respondent but he worked in the daytime in the trim department. Compensation may be awarded by the commission only for an injury "arising out of and in the course of the employment. "
Note:	Injury not compensable if check can be picked up at place of employee's convenience.
Citation:	85 Cal. App. 2d 811
WCC Citation:	WCC 30511948 CA

Case Name:	Robertson vs. WCAB, Moutain People's Warehouse		10/21/2003
Summary:	ABRAHAM ROBERTSON, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, MOUNTAIN PEOPLE'S WAREHOUSE et al. , Respondents. In this workers' compensation action, we conclude that the employer, Mountain People's Warehouse (hereafter Company), failed to satisfy its obligation to offer the benefit of vocational rehabilitation (VR) to its injured employee, Abraham Robertson (Robertson). Subsequently, Robertson was found to be a qualified injured worker, making him eligible to receive VR. The one exception involved an absence so Robertson could care for his seriously ill wife. If Robertson is not disqualified from receiving payment for medical treatment and for disability, why, then, is he disqualified from receiving VR benefits?
Note:	Alternative work offer to position from which terminated not in good faith, not meet VR requirements.
Citation:	112 Cal.App.4th 893
WCC Citation:	WCC 29572003 CA

Case Name:	Robinson v. City of Los Angeles		05/18/2012
Summary:	ROBINSON v. CITY OF LOS ANGELES STEVEN L. ROBINSON, Plaintiff and Appellant, v. CITY OF LOS ANGELES et al. , Defendants and Respondents. Carmen A. Trutanich, City Attorney, Claudia McGee Henry, Assistant City Attorney, and Gregory P. Orland, Deputy City Attorney, for Defendants and Respondents. When plaintiff Steven L. Robinson, a firefighter and fire department helicopter pilot employed by defendant City of Los Angeles (the City), became disabled, the City employed him in an unofficial and unbudgeted light-duty position for more than six years, paying him out of the fire department's discretionary funds. The City offered substantial evidence that the Civil Service Commission and Los Angeles City Council created the fire helicopter pilot classification in 2008, five years after Robinson's disability was deemed to be permanent. Here, Robinson has not identified any reasonable accommodation for his disability other than the one offered by the City, i. e. , as dispatcher.
Note:	An injured fire helicopter pilot who lacked the requisite medical clearance to continue flying could not assert a viable claim of disability discrimination based on his employer's refusal to assign him to a pilot position after his light-duty job was eliminated.
Citation:	B230078
WCC Citation:	WCC 38962012 CA

Case Name:	Robinson v. Pascoe Steel Corp.		11/29/1977
Summary:	JEAN ROBINSON, widow (JERRY L. ROBINSON, deceased) Applicant v. PASCOE STEEL CORPORATION, self-insured, Defendant. W. C. A. B. Nos. It consisted of a two part form as follows: 'I, JEAN ROBINSON, widow of JERRY L. ROBINSON, deceased, hereby give my full permission for the exhumation and autopsy of Jerry L. Robinson. [signed]Jean Robinson JEAN ROBINSON, widow of JERRY L. ROBINSON, deceased. ''I, JEAN ROBINSON, widow of JERRY L. ROBINSON, deceased, refuse to give my permission for the exhumation and autopsy of Jerry L. Robinson. [signed) JEAN ROBINSON, widow of JERRY L. ROBINSON, deceased. '
Note:	Board will not order exhumation unless necessary and serves justice.
Citation:	42 CCC 891
WCC Citation:	WCC 25941977 CA

Case Name:	Robinson v. WCAB		09/09/1987
Summary:	STELLING ROBINSON, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and REPUBLIC INDEMNITY COMPANY OF AMERICA, Respondents (Opinion by Best, J. , with Woolpert, Acting P. J. , and Reid, J. , concurring. )Pursuant to respondents' motion, the WCAB ordered petitioner to report for examination to Dr. Joseph Bailey who was appointed by the Board as an independent medical examiner. Based on the existing evidence, the WCAB could have issued an award that was even less favorable to petitioner. III Was the WCAB precluded from making a permanent disability award because vocational rehabilitation benefits had been resumed?This court having determined that the WCAB did not abuse its discretion in failing to permit petitioner to withdraw from the stipulation, petitioner's contention must fail.
Note:	Tried to object after stipulating to determination of permanent disability.
Citation:	194 Cal.App.3d 784
WCC Citation:	WCC 25611987 CA

Case Name:	Roby v. McKesson Corp.		11/30/2009
Summary:	Roby also asserted that McKesson had applied the attendance policy unevenly, overlooking instances when other employees were absent without notice. On April 14, 2000, McKesson terminated Roby by telephone, and it sent a followup letter on April 17, 2000. This led to an $800,000 reduction in the total compensatory damages award against employer McKesson, resulting in a net compensatory damages award of $2,005,000 for Roby. None involved Schoener's exercising the authority that McKesson had delegated to her so as to cause McKesson, in its corporate capacity, to take some action with respect to Roby. The majority assigns a relatively low degree of reprehensibility to the conduct of defendant McKesson Corporation (McKesson) toward plaintiff Charlene Roby.
Note:	In the circumstances of this case the amount of compensatory damages sets the ceiling for the punitive damages.
Citation:	S149752
WCC Citation:	WCC 35842009 CA

Case Name:	Roby v. McKesson HBOC, et al.		12/26/2006
Summary:	Two years later, McKesson fired Roby for abusing its attendance policy, although many of her absences were attributable to her psychiatric disability. Roby told Saamer the absences were related to her panic disorder, and that she was trying to get it stabilized. McKesson supervisors Christopher Rafter and Grover told Roby she was subject to termination for abuse of the absence program. McKesson HBOC changed its name to McKesson Corporation during the pendency of this litigation. McKesson filed a separate appeal (C048799) from the trial court's postjudgment award to Roby of $728,668. 75 for attorney fees.
Note:	Schoener did not commit discriminatory harassment under FEHA. The appellate court also reduced Roby's award against McKesson $1.4 million in compensatory damages, and $2 million in punitive damages.
Citation:	C047617
WCC Citation:	WCC 35522006 CA

Case Name:	Rocha vs. Puccia Construction, Zenith Ins. Co.		04/30/1982
Summary:	JAVIER ROCHA, Applicant v. PUCCIA CONSTRUCTION COMPANY and ZENITH INSURANCE COMPANY, Defendants. Following the Board's decision to consider this matter en banc, it solicited amicus curiae briefs from interested parties in the workers' compensation community. Participation of employers was wholly voluntary, their financial responsibility was limited, and employees who opted for rehabilitation were subject to post-rehabilitation reevaluation for permanent disability entitlements. Finally, we do not find the withholding of money without a Board order is in contravention of Labor Code Section 4902. WORKERS' COMPENSATION APPEALS BOARD Jack R. Fenton, Chairman Robert E. Burton John F. Dunlap Gordon R. Gaines H. J. Martin C. L. Swezey Richard W. Younkin
Note:	Rehab attorney fee based on time and effort extended by attorney.
Citation:	47 CCC 377 (En Banc)
WCC Citation:	WCC 28261982 CA