Case Name:	Salcido v. WCAB (LA Unified)		02/27/1998
Summary:	Robert P. Salcido, Petitioner v. Workers' Compensation Appeals Board, Los Angeles Unified School District, PSI, Helmsman Management Services, Inc. , Respondents. A Findings & Award issued on May 29, 1996 by the presiding WCJ found injury AOE/COE to Applicant's psyche and awarded Temporary Total Disability. Defendant requested reconsideration, which was subsequently granted by the WCAB. The WCAB issued a decision on June 20, 1997 and amended Applicant's TTD period, awarded TPD, and found there to be no cumulative injury AOE/COE to Applicant's neck and back. On July 15, 1997, Applicant filed a Petition for Reconsideration of the Board's June 20, 1997 decision, at the WCAB district office in Van Nuys, California.
Note:	No relief from attorney mistake in filing Petition for Reconsideration late, filing at wrong office, etc.
Citation:	63 CCC 483
WCC Citation:	WCC 27221998 CA

Case Name:	Saldana v. Globe-Weis Systems Co.		09/10/1991
Summary:	YOLANDA SALDANA, Plaintiff and Appellant, v. GLOBE-WEIS SYSTEMS CO. , Defendant and Respondent. Statement of the Case Plaintiff Yolanda Saldana (Saldana) appeals from summary judgment granted in favor of defendant Globe-Weis Systems Co. (Globe-Weis) from a complaint alleging damages in personal injury and premises liability. Saldana filed a complaint against Globe-Weis alleging negligence and premises liability pursuant to Labor Code section 4558, subdivision (b). fn. On appeal, Saldana contends that the trial court abused its discretion by granting the motion for summary judgment. It is undisputed that unless Saldana comes within section 4558, her exclusive remedy is under the workers' compensation law.
Note:	Discussing maintenance, removal, and replacement of guard, and term 'known.'
Citation:	233 Cal.App.3d 1505
WCC Citation:	WCC 24201991 CA

Case Name:	Salit v. WCAB		11/17/2011
Summary:	SALIT v. WCAB LARRY SALIT, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD et al. , Respondents. In a medical report dated April 2004, Sean Leoni, M. D. , diagnosed petitioner with fibromyalgia, TMJ, tension headaches, gatroesophageal reflux, and IBS. In October 2007, qualified medical evaluator (QME) and orthopedist Jeffrey A. Berman, M. D. , conducted an agreed-upon orthopedic medical examination for City. He explained that there are no objective factors of disability related to fibromyalgia, and that it is a subjective syndrome. He further noted that Dr. Leoni had diagnosed IBS and that petitioner complained of gas, bloating, diarrhea, and occasional constipation.
Note:	A judge based a decision denying compensation for a former police officer's irritable bowel syndrome upon insufficient evidence, the 2nd District Court of Appeal concluded.
Citation:	B225515
WCC Citation:	WCC 38292011 CA

Case Name:	Sameyah v. Los Angeles County Employees Retirement Association		11/19/2010
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE No. B222290 November 19, 2010 KAREN SAMEYAH, PLAINTIFF AND APPELLANT, v. LOS ANGELES COUNTY EMPLOYEES RETIREMENT ASSOCATION, DEFENDANT AND RESPONDENT. APPEAL from a judgment of the Superior Court of Los Angeles County. By her petition, Sameyah sought an order compelling the Board of Retirement (Board) of the Los Angeles County Employees Retirement Association (LACERA) to reverse its decision denying her application for service-connected survivor death benefits. In January 2004, Sameyah's husband died of Burkitt's lymphoma, after serving for seven years as a deputy sheriff with the Los Angeles County Sheriff's Department. (Pellerin v. Kern County Employees' Retirement Association, supra, 145 Cal. App. 4th at p.
Note:	A county retirement board successfully rebutted a presumption that a deputy sheriff's lymphoma arose out of and in the course of employment, the 2nd District Court of Appeal ruled.
Citation:	B222290
WCC Citation:	WCC 36852010 CA

Case Name:	San Bernardino Comm. Hospital v. WCAB		09/03/1999
Summary:	SAN BERNARDINO COMMUNITY HOSPITAL et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and VICKIE McKERNAN, Respondents. Applicant was employed as a respiratory therapist by respondent San Bernardino Community Hospital (Employer). 2 Apparently Applicant failed to appear for trial on February 18, 1998, and the matter was continued until April 22. 3 After the hearing, the WCR found that Applicant was disabled and that her disability arose out of her employment. Temporary disability and medical treatment were ordered, with issues regarding permanent disability reserved due to the WCR's dissatisfaction with the record.
Note:	Applicant unfairly didn't disclose doctor's report or witness at MSC; Board's power to develop record can't circumvent 5502(d)(3).
Citation:	74 Cal.App.4th 928
WCC Citation:	WCC 25491999 CA

Case Name:	San Diego v. WCAB		08/02/2007
Summary:	Filed 8/2/07 San Diego v. WCAB (Brooks) CA4/1 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). The City of San Diego (the City) petitioned for review of a decision by the Workers' Compensation Appeals Board (WCAB) denying a petition for reconsideration of an award of permanent disability benefits to James W. Brooks in the amount of $30,940. In January 2001, Brooks filed an application for adjudication of his workers' compensation claim with the WCAB. The WCAB denied the petition, agreeing with the analysis in the WCJ's report and recommendation to the WCAB regarding the petition for reconsideration. Without considering the merits, the WCAB panel remanded the matter to the WCJ to apply a new decision by an en banc panel of the WCAB.
Note:	[Unpublished] The 2005 schedule applies when pre-Jan. 1st, 2005 doctor's report does not indicate the existence of permanent disability.
Citation:	D049878
WCC Citation:	WCC 32462007 CA

Case Name:	San Francisco Bay Area Rapid Transit District v. Fair Employment and Housing Commission		01/21/2009
Summary:	[U] San Francisco Bay Area Rapid Transit District v. Fair Employment and Housing Commission, No. A119953 (Cal. App. Dist. 1 01/21/2009) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE No. A119953 January 21, 2009 SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT, PLAINTIFF AND APPELLANT, v. FAIR EMPLOYMENT AND HOUSING COMMISSION, DEFENDANT AND RESPONDENT. This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115. Eddie L. Bartley, an employee of plaintiff San Francisco Bay Area Rapid Transit District (BART), injured his knee while working at one of the train stations. He filed a complaint with the Fair Employment and Housing Commission (Commission) alleging that BART denied reasonable accommodation for his physical disability and discriminated against him on the basis of the disability. After the Commission found that BART denied Bartley reasonable accommodation, BART filed a petition for writ of mandate challenging the Commission decision. After investigation, the Commission filed an accusation against BART under the California Fair Housing and Employment Act (FEHA) (Gov. Code, § 12900 et seq. ).
Note:	The Bay Area Rapid Transit District violated the Fair Employment and Housing Act by failing to accommodate a maintenance worker who could not perform a small portion of his duties.
Citation:	A119953
WCC Citation:	WCC 34812009 CA

Case Name:	San Francisco Unified School Dist. v. WCAB (Cordozo)		11/16/2010
Summary:	SAN FRANCISCO UNIFIED SCHOOL DIST. APPEALS BD. Cal. App. 4th 1 (2010) SAN FRANCISCO UNIFIED SCHOOL DISTRICT, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and LINDA CARDOZO, Respondents. San Francisco Unified School District (District) filed a petition for writ of review arguing that the ALJ should only have considered the total of the industrial causes and disregarded the nonindustrial causes when calculating the percentage of the psychiatric injury attributable to good faith personnel actions. *fn3 BACKGROUND Cardozo, an elementary school bilingual teacher for District for 20 years, submitted a claim for workers' compensation benefits, claiming temporary disability from June 10, 2006, to August 21, 2007. The parties selected Dr. Allan Kipperman as the agreed medical examiner and Cardozo first saw him in August 2007.
Note:	A workers' compensation judge must consider nonindustrial factors while deciding whether good faith personnel actions were the substantial cause of a psychiatric injury, the 1st District Court of Appeal concluded.
Citation:	A128365
WCC Citation:	WCC 38202010 CA

Case Name:	San Mateo County v WCAB		10/17/1990
Summary:	San Mateo County Transit District, Petitioner v. Workers' Compensation Appeals Board and Virginia Hobbs, Respondents Civil No. A047785 Court of Appeal, First Appellate District, CCC 378 October 17, 1990 DISPOSITION: Proceeding on petition for writ of review. The denial of the Workers' Compensation Appeals Board (Board) of petitioner San Mateo County Transit District's (hereafter petitioner) 'petition to bar applicant's right to medical treatment and disability payments and to compel medical examination' is supported by substantial evidence. (Kerley v. Workmen's Comp. (San Mateo County Transit District v. Workers' Comp. Nov. 17, 1986; San Mateo County Transit District v. Workers' Comp.
Note:	Penalties proper because employer didn't establish doubt as to its liability; multiple penalties because multiple acts of delay.
Citation:	55 CCC 378
WCC Citation:	WCC 26471990 CA

Case Name:	Sanchez v. Brooke		03/08/2012
Summary:	LYDIA SANCHEZ, Plaintiff and Appellant, v. DARRELL G. BROOKE et al. , as Trustees, etc. , Defendants and Appellants. The trustees (defendants Darrell G. Brooke and Darryl Denning) asserted as an affirmative defense the comparative negligence of Sanchez and her employer (Glendale Adventist Health, also known as Western Health Resources (Western or employer)). *fn2 The jury found that Sanchez suffered total damages of $903,000, which included $300,000 in noneconomic damages and $603,000 in economic damages. Although Sanchez challenges the finding of employer negligence, neither party disputes the mathematical computation of the $150,000 noneconomic damages award. Could what should they have done in supervising, for example, Lydia Sanchez, and telling Lydia Sanchez, here's what you should or shouldn't do?
Note:	An in-home health care worker who was badly burned attempting to rescue her ward from a burning building could not recover the full amount billed for her care since her medical provider accepted a discounted amount from her employer.
Citation:	B224835
WCC Citation:	WCC 38702012 CA