Case Name:	Tensfeldt v. WCAB		08/20/1998
Summary:	GARY TENSFELDT, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and CITY AND COUNTY OF SAN FRANCISCO, Respondents. [66 Cal. App. 4th 119] OPINION PETERSON, P. J. - Petitioner Gary Tensfeldt (Tensfeldt) was convicted of insurance fraud under Insurance Code section 1871. 4, subdivision (a)(1), fn. Upon completion, Lynch drove Tensfeldt and another crew member to a City gymnasium where they joined other water department employees to play basketball. Upon learning that the investigation was complete, Tensfeldt met with the police on April 22, 1994, and revealed the true nature of the injury. In a two-to-one opinion the Board held that Tensfeldt was barred under section 1871. 5 from 'receiving or retaining any workers' compensation benefits. '
Note:	Conviction of fraud bars applicant from receiving any compensation under 3207.
Citation:	66 Cal. App. 4th 116
WCC Citation:	WCC 4021998 CA

Case Name:	Terra Linda Farms, Inc., et al v. California Fair Employment and Housing Commission		01/19/2012
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT F059869 January 19, 2012 TERRA LINDA FARMS, INC. , ET AL. , PLAINTIFFS AND APPELLANTS, v. CALIFORNIA FAIR EMPLOYMENT AND HOUSING COMMISSION ET AL. , DEFENDANTS AND RESPONDENTS; MARIBEL RIVAS ET AL. , REAL PARTIES IN INTEREST AND RESPONDENTS. The Commission had found the companies violated the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq. FACTS Terra Linda Farms, Inc. , Terra Linda Farms, a general partnership, and Terra Linda Packing (collectively, Terra Linda), filed this administrative mandamus proceeding. Terra Linda's writ petition named the Commission and the California Department of Fair Employment and Housing (the Department) as defendants. During the 1995 onion season, they worked directly for Terra Linda and their paychecks came from Terra Linda.
Note:	Substantial evidence supported a Fair Employment and Housing Commission decision to award two female workers $96,575 in damages.
Citation:	F059869
WCC Citation:	WCC 38452012 CA

Case Name:	Tevis v. Spare Time Part 1/2		10/16/2017
Summary:	This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115(a).   IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) .             KELLY TEVIS, Plaintiff and Appellant, .             v. .             SPARE TIME, INC. , et al. , Defendants and Respondents. .             C074938 .             (Super. .           Six months after she was hired as an assistant marketing director at Spare Time’s Lodi facility, Spare Time promoted plaintiff to be a marketing director at the Natomas Racquet Club. .           We, therefore, will put a wider lens on the facts Spare Time characterize as undisputed and fatal to her claims. Tevis testified that she did not start to feel better until October or November 2010. ” .           “153.
Note:	A California appellate court revived a worker’s disability discrimination claim after she allegedly suffered a psychological injury because of pervasive harassment by her supervisor.
Citation:	C074938
WCC Citation:	Super. Ct. No. 34201100116411CUWTGDS

Case Name:	Tevis v. Spare Time Part 2/2		10/16/2017
Summary:	.           Finally, Spare Time insists plaintiff admitted she never asked for any kind of accommodation, including separation from Rose. Whether it was explicit or implicit, Spare Time was certainly on notice that plaintiff perceived Rose as an ongoing threat and sought to be separated from him. Plaintiff presented sufficient circumstantial evidence that Spare Time’s asserted reason for discharging her was pretextual and that a trier of fact is needed to determine Spare Time’s true motives. According to plaintiff, in April Sierra had assured her Spare Time was conducting a thorough investigation of her charges. .         Plaintiff contends Spare Time has not established the lack of retaliatory animus as a matter of law.
Note:	A California appellate court revived a worker’s disability discrimination claim after she allegedly suffered a psychological injury because of pervasive harassment by her supervisor.
Citation:	C074938
WCC Citation:	Super. Ct. No. 34201100116411CUWTGDS

Case Name:	The Earthgrains Co. v. WCAB (Hansen)		07/03/2008
Summary:	The Earthgrains Company (Earthgrains) petitions this court for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB). *fn2 All three awards stated Earthgrains would provide further medical care to cure or relieve the effects of the injuries. After Earthgrains petitioned for reconsideration, the WCJ issued an amendment to the findings and award. The WCAB thereafter summarily denied the petition for reconsideration based on the reasoning set forth by the WCJ's Report and Recommendation. Filing an Application for Adjudication establishes jurisdiction with the WCAB to initiate proceedings for the collection of workers' compensation benefits.
Note:	[Unpublished] From the WCAB's opinion and the evidence provided with the petition for writ of review, it is impossible to determine the WCAB's basis for concluding Hansen became permanent and stationary on August 24, 2006.
Citation:	F054600
WCC Citation:	WCC 33922008 CA

Case Name:	The People v. Crystal Caldwell		04/20/2011
Summary:	Defendant Crystal Caldwell was found guilty of two felonies -- workers' compensation insurance fraud (Ins. BACKGROUND In June 2008, Caldwell was employed by Los Angeles Community College District as a secretary at Los Angeles Mission College. Mark Shoup conducted the surveillance and made a video recording of Caldwell on two Saturdays, July 19 and 26, 2008. =====FOOTNOTES===== *fn1 Zwick first learned that Caldwell had retained an attorney on June 24, 2008, 18 days after the injury. At the sentencing and probation hearing, Caldwell asked for a restitution hearing to determine exactly what was spent on medical treatment, in light of the People's concession that Caldwell did suffer an injury.
Note:	An applicant must serve a sentence of at least three years on formal probation for workers' compensation fraud and attempted perjury, thanks to a claims examiner's hunch and surveillance video.
Citation:	B222055
WCC Citation:	WCC 37492011 CA

Case Name:	The People v. Guillen		05/11/2017
Summary:	This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115(a).   IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT .             THE PEOPLE, Plaintiff and Respondent, .             v. .             HARIBERTO GUILLEN, Defendant and Appellant. .             H043599 .             (Santa Clara County Super. .             On appeal, we appointed counsel to represent defendant in this court. .             In People v. Serrano (2012) 211 Cal. App. 4th 496 (Serrano), this court concluded that Wende review is limited to the defendant’s first appeal of right from a criminal conviction (Serrano, supra, at p. 503). .           WE CONCUR: .           __________________________ ELIA, ACTING P. J. .           __________________________ MIHARA, J.
Note:
Citation:	H043599
WCC Citation:	Santa Clara County Super. Ct. No. C157980

Case Name:	The People v. Kinya Jeanette Atlas-Hearn		04/22/2011
Summary:	Defendant also contends the evidence is insufficient to support the jury's implied finding that defendant harbored the intent necessary to commit the charged crimes. Defendant asked to be relieved so she could go to the clinic to obtain medical aid. Defendant's request was granted and as a result she returned to the office where she reported her injury to a company field supervisor. Defendant signed a workers' compensation claim form that described her injury as head and neck tension and pain. Defendant also claimed at trial as she does on appeal that a man with a cane called her a bitch.
Note:	A trial court did not err by failing to give jury instructions that explained the rules regarding use of circumstantial evidence in the trial of a bus driver accused of workers' compensation fraud because the prosecution relied on direct evidence.
Citation:	E049871
WCC Citation:	WCC 37522011 CA

Case Name:	The People v. Newman		06/02/2017
Summary:	This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115(a).   IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT .             THE PEOPLE, Plaintiff and Respondent, .             v. .             DAVE ARNESS NEWMAN, Defendant and Appellant. .             H042192 .             (Santa Clara County Super. .             Defendant now appeals from the judgment of conviction. .             Defendant’s friend, John Greene, owned a business that “schedule[d] officials for sporting events. ” Defendant worked as a referee for Greene. .           ________________________________ RUSHING, P. J. .           WE CONCUR: .           ___________________________________ PREMO, J.
Note:
Citation:	H042192
WCC Citation:	Santa Clara County Super. Ct. No. C1116412

Case Name:	The People v. Riddles		03/23/2017
Summary:	Filed 3/23/17 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA .             THE PEOPLE, Plaintiff and Respondent, .             v. .             JOHN PAUL RIDDLES, Defendant and Appellant. .             D069419 .             (Super. .             In this case, defendant and appellant John Paul Riddles pled guilty to one count of workers' compensation insurance fraud in violation of Insurance Code1 section 11760, subdivision (a). .           Initially, following a restitution hearing, the court ordered Riddles to pay FCI $52,259 in restitution. .           WE CONCUR: .           NARES, J.
Note:
Citation:	D069419
WCC Citation:	Super. Ct. No. SCD238770