Case Name:	Reyes vs. Hart Plastering		02/10/2005
Summary:	WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. POM 261149 JOSE REYES, Applicant, vs. HART PLASTERING; FREMONT COMPENSATION INSURANCE COMPANY, in liquidation; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION; and CAMBRIDGE INTEGRATED SERVICES, INC. (Servicing Facility), Defendant(s). BACKGROUND Applicant, while employed as a plasterer by Hart Plastering on May 22, 2000, sustained severe injuries when he fell approximately 53 feet. He was working on the third story of a five-story building when he attempted to step onto a scaffold. His right foot missed the wooden board and he fell through the space between the scaffold and the wall. Jose Reyes, born October 12, 1961, while employed as a plasterer by Hart Plastering on May 22, 2000, sustained an injury arising out of and occurring in the course of his employment.
Note:	Changes made to apportionment statutes in SB 899 do not affect the determination of AOE/COE.
Citation:	69 CCC (2005); Panel
WCC Citation:	WCC 30812005 CA

Case Name:	Reynolds v. WCAB		11/04/1974
Summary:	WILLARD P. REYNOLDS, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD and PACIFIC GAS AND ELECTRIC COMPANY, Respondents In Bank. Fred T. Searls, Raymond W. White, Bruce P. Sadler and Barry L. Wade for Respondents. He requested assistance with the loading, but none was available; so he continued doing the work alone. Later, in the afternoon, when he arrived at his destination, he experienced further, more severe pain when he began to unload the timbers from the truck. While discussing his condition with his supervisor, petitioner started to shake; and he expressed the opinion that he was having a heart attack.
Note:	Failure of employer to provide injured worker with required notice tolls statute of limitations.
Citation:	12 Cal.3d 726
WCC Citation:	WCC 29111974 CA

Case Name:	Rhiner v. WCAB		04/08/1993
Summary:	GRANT DAVID RHINER, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, TED JONES et al. , Respondents. Facts On January 9, 1988, petitioner Grant David Rhiner was injured when he fell off a roof at work. It rejected the two cases on which the WCAB had based its decision, finding them irreconcilable with Gallamore, supra, 23 Cal. 3d 815. The WCAB had imposed only one of the requested penalties, and it had imposed no penalty for delay in travel expense reimbursement. We remanded the matter to the WCAB to reconsider the employee's two additional penalty claims.
Note:	Strict liability for delay of payment.
Citation:	4 Cal.4th 1213
WCC Citation:	WCC 3401993 CA

Case Name:	Richard H. Moss v. PG&E Corporation et al		02/01/2011
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE A126610 February 1, 2011 RICHARD H. MOSS, PLAINTIFF AND APPELLANT, v. PG&E CORPORATION ET AL. , DEFENDANTS AND RESPONDENTS. Moss also alleges that PG&E harassed, discriminated and retaliated against him because he suffered from sleep apnea. The trial court determined that Moss met his initial burden and established a prima facie case of age discrimination. In the end, Moss was fired because fewer and fewer clients were willing to work with him. Moss's contention that "Hartman admitted that Moss falling asleep in meetings played a role in his decision to terminate Moss" distorts the record.
Note:	A PG&E attorney's suit against the employer failed because he provided insufficient evidence of a discriminatory reason for his termination.
Citation:	A126610
WCC Citation:	WCC 37102011 CA

Case Name:	Richardson-Tunnell v. School Insurance Program for Employees (SIPE)		12/07/2007
Summary:	Filed 12/10/07 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX KLARE RICHARDSON-TUNNELL, Plaintiff and Appellant, v. SCHOOL INSURANCE PROGRAM FOR EMPLOYEES (SIPE) et al. , Defendants and Respondents. Ct. No. CV 050780B) (San Luis Obispo County) Klare Richardson-Tunnell appeals from a judgment of dismissal after an order granting judgment on the pleadings in favor of School Insurance Program for Employees (SIPE) and Lucia Mar Unified School District (District), each public entities. The court granted their motion without leave to amend and dismissed all causes of action against SIPE and District. Section 821. 6 is a specific statute that provides immunity to public employees that are engaged in prosecutorial and investigatory activities. Cumberland, Coates & Duenow ,David M. Cumberland, Greg A. Coates, and Kevin R. Anderson for Defendants and Respondents Schools Insurance Program for Employees and Lucia Mar Unified School District.
Note:	The government immunity established in Government Code section 821.6 will override liability created by Civil Code section 1708.8, absent an expression of legislative intent to the contrary. Nothing in Civil Code section 1708.8 or its legislative history evidences any intent to create new government liability.
Citation:	157 Cal. App. 4th 1056; 69 Cal. Rptr. 3d 176
WCC Citation:	WCC 32862007 CA

Case Name:	Richey v. Autonation, Inc.		11/13/2012
Summary:	RICHEY v. AUTONATION, INC. AVERY RICHEY, Plaintiff and Appellant, v. AUTONATION, INC. et al. , Defendants and Respondents. *fn3 In October 2007, while still working full time for Power Toyota, Richey took steps to start a family seafood restaurant. The employee parked near the restaurant for a few minutes and observed Richey sweeping, bending over and using a hammer to hang a sign. On May 1, 2008 Power Toyota terminated Richey for engaging in outside employment while on a leave of absence. The Arbitrator Committed Clear Legal Error in Basing His Decision Solely on Power Toyota's Honest Belief Richey Had Abused His Leave a.
Note:	An employer could not defend against an employee's claim that it wrongfully interfered with his medical leave by firing him based on its good faith belief that the employee was working at another job while he was on leave.
Citation:	B234711
WCC Citation:	WCC 39512012 CA

Case Name:	Rickards v. UPS, Inc.		06/19/2012
Summary:	According to Rickards, Esqueda, who managed the UPS center where Rickards worked, reacted angrily when he learned of Rickards' back injury and did not take him to see a doctor immediately. Raising his voice, Phaykaisorn followed Rickards, got in front of him, and placed a hand on Rickards' chest to stop him. Esqueda interviewed Rickards and Phaykaisorn about the incident and terminated Rickards for unprofessional conduct and unprovoked assault on a supervisor. In declarations, Rickards and his attorney stated that the attorney was authorized to file the complaint on Rickards' behalf. Rickards also relies on his declaration that, "[a]round the time" of Rickards' back injury, Esqueda threatened to have Rickards fired within two weeks.
Note:	A claim of disability discrimination filed by an attorney through the Department of Fair Employment and Housing's automated system is a 'verified' complaint.
Citation:	B234192
WCC Citation:	WCC 39062012 CA

Case Name:	Riddle v. WCAB		03/22/1995
Summary:	Sandra Riddle, Petitioner v. Workers' Compensation Appeals Board, City of Palmdale et al. , Respondents. In this matter, the workers' compensation judge (WCJ), the Workers' Compensation Appeals Board (Board), and this court denied applicant relief. On September 14, 1987, City advised applicant by letter that termination of her employment was scheduled for October 12, 1987. Meanwhile, medical treatment was paid for by SCIF and was given by John J. Kayvanfar, M. D. , during 1990 and 1991. Consequently, surgery was performed and applicant was released as physically able to return to work in August 1992.
Note:	Amended 132a pleading which cured defects in fact specification dates back to original filing.
Citation:	60 CCC 170
WCC Citation:	WCC 27641995 CA

Case Name:	Rider v. WCAB		09/30/2009
Summary:	Filed 9/30/09 Rider 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). RHO Beta petitioned the WCAB for reconsideration, contending the WCJ should have apportioned 96 percent of Rider's disability to nonindustrial factors. Rider timely petitioned this court for a writ of review (§ 5950; Cal. The restriction is derived from section 5900, which permits an aggrieved party only from petitioning the WCAB for reconsideration from a final order, decision, or award. In the present case, Rider requests that this court review the WCAB's order granting reconsideration and sending the matter back to the WCJ to obtain additional relevant evidence.
Note:	[Unpublished] Only those orders, decisions and awards of the WCAB deemed to be final have been held to be within section 5950.
Citation:	F058162
WCC Citation:	WCC 35682009 CA

Case Name:	Rio Linda Union School Dist. v. WCAB (Scheftner)		07/26/2005
Summary:	Filed 7/26/05 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) RIO LINDA UNION SCHOOL DISTRICT, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, JANETTE SCHEFTNER, Respondents. FACTUAL AND PROCEDURAL BACKGROUND On February 12, 2002, Janelle Scheftner, a third grade teacher at Rio Linda Union Elementary School, slipped on a piece of food as she was walking out of her classroom. She had a back strain in 1997, which had resolved by the time she was hired by the school in 2001. On February 21, 2002, Scheftner went to see her Kaiser physician regarding her school injury. An award of permanent partial disability, attorney fees, and further medical treatment was entered in favor of Scheftner and against the Rio Linda Union School District (District).
Note:	Where there is no final order awarding permanent disability before 04/19/04, the new apportionment standard applies.
Citation:	131 Cal.App.4th 517
WCC Citation:	WCC 31082005 CA