Case Name:	Babbitt v. Ow Jing dba National Market and Golden Eagle Insurance Co.		01/24/2007
Summary:	WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. STK 0174793 OPINION AND DECISION AFTER RECONSIDERATION (EN BANC) SHARON BABBITT, Applicant, vs. OW JING dba NATIONAL MARKET; and GOLDEN EAGLE INSURANCE COMPANY, Defendants. *fn 2* BACKGROUND Applicant, Sharon Babbitt, sustained admitted industrial injury to her back and neck on July 1, 1999, while employed as a stock clerk by Ow Jing, doing business as National Market, and insured by Golden Eagle Insurance Company. On June 5, 2006, applicant filed a Declaration of Readiness to Proceed to Expedited Hearing regarding her entitlement to medical treatment. In the instant case the additional year was in fact provided, thus there is no impediment to transfer to the MPN. An Employer Or Insurer May Satisfy Its Obligation To Provide Reasonable Medical Treatment Under Section 4600 Through An Authorized MPN.
Note:	A defendant may satisfy its obligation under Labor Code section 4600 to provide reasonable medical treatment by transferring an injured worker into an MPN in conformity with applicable statutes and regulations regardless of the date of injury or the date of an award of future medical treatment.
Citation:	STK 0174793
WCC Citation:	WCC 32082007 CA

Case Name:	Badillo v. Abc Industries, Inc. et al.		03/16/2012
Summary:	Leticia Marin Badillo v. Abc Industries, Inc. et al. No. B227714 (Cal. App. Dist. 2 03/16/2012) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE March 16, 2012 LETICIA MARIN BADILLO, PLAINTIFF AND APPELLANT, v. ABC INDUSTRIES, INC. Plaintiff alleges she was employed for eight years as a janitor, assigned to work at the Century Plaza Towers facilities. On January 26, 2004, defendant's district manager, Eliseo Gutierrez, terminated plaintiff's employment for excessive absenteeism with approval from Mr. Bassin. On March 22, 2006, plaintiff was suspended pending Mr. Martinez's investigation of whether she had falsified her sign-in log sheets. Defendants, ABM Industries Incorporated, ABM Janitorial Services -- Southwest Inc. , are to recover their costs on appeal from plaintiff, Leticia Marin Badillo.
Note:	A janitor who was hired and fired by the same company on three different occasions was time-barred from asserting her claims of harassment, retaliation, disability discrimination, wrongful termination and violation of the Family Rights Act.
Citation:	B227714
WCC Citation:	WCC 38752012 CA

Case Name:	Bagatti v. Dept. of Rehab		04/02/2002
Summary:	MARILYN BAGATTI, Plaintiff and Appellant, v. DEPARTMENT OF REHABILITATION et al. , Defendants and Respondents. Plaintiff, Marilyn Bagatti, is and at all times hereinafter mentioned was a resident of Sacramento County, California. The reviewing court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. Plaintiff Has Pleaded a Valid Cause of Action for Damages Caused by an Unlawful Employment Practice Under the FEHA. Plaintiff first contends she has adequately pleaded that she suffers from a physical disability within the meaning of the FEHA.
Note:	FEHA suit is not barred by exclusive remedy doctrine.
Citation:	97 Cal.App.4th 344
WCC Citation:	WCC 28462002 CA

Case Name:	Baglione v. Hertz Car Sales		04/06/2007
Summary:	WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. SJO 0251644 OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION (EN BANC) JOSEPH BAGLIONE, Applicant, vs. HERTZ CAR SALES; AIG; and CAMBRIDGE INTEGRATED SERVICES (Adjusting Agent), Defendant. Defendant, being newly aggrieved, seeks reconsideration of the en banc decision issued by the Appeals Board on January 24, 2007. (E. g. , People v. Wright (1990) 52 Cal. 3d 367, 382-383; In re Raphael P. (2002) 97 Cal. App. 4th 716, 722. )Accordingly, we are free to reconsider our prior en banc decision and to reach a different conclusion. However, this change of Appeals Board members does not affect our ability to reconsider that en banc decision.
Note:	For the 1997 Schedule to apply under section 4660(d), the existence of permanent disability must be indicated in either a pre-2005 comprehensive medical-legal report or a pre-2005 report from a treating physician.
Citation:	72 CCC 444
WCC Citation:	WCC 32142007 CA

Case Name:	Baglione v. Hertz Car Sales and AIG		01/24/2007
Summary:	See Baglione v. Hertz Car Sales (04/06/07) WCC Citation: WCC 32142007 CA. WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. SJO 0251644 OPINION AND DECISION AFTER RECONSIDERATION (EN BANC) JOSEPH BAGLIONE, Applicant, vs. HERTZ CAR SALES, and AIG, Adjusted by CAMBRIDGE INTEGRATED SERVICES, Defendant(s). )*fn 4* In Aldi v. Carr, McClellan, Ingersoll, Thompson & Horn (2006) 71 Cal. Comp. Cases 783 (Board en banc), writ den. To properly construe this provision, it is only necessary to apply a longstanding rule of statutory construction: the last antecedent rule. AWARD AWARD IS MADE in favor of JOSEPH BAGLIONE, against HERTZ CAR SALES and AIG, adjusted by CAMBRIDGE INTEGRATED SERVICES, of: (a) Further medical treatment reasonably required to cure or relieve from the effects of the injury to the low back.
Note:	The PDRS that was in effect at the time of the comprehensive medical-legal report is applicable.
Citation:	72 CCC 86
WCC Citation:	WCC 32072007 CA

Case Name:	Bailey v. Reliance Ins. Co.		03/28/2000
Summary:	STEPHEN S. BAILEY et al. , Plaintiffs and Appellants, v. RELIANCE INSURANCE COMPANY, Defendant and Respondent. OPINION CURRY, J. - Appellants Stephen S. and Jeannette Bailey settled a personal injury action with the driver of a car who injured Mr. Bailey and the driver's employer. Under the terms of the settlement, Mrs. Bailey was to receive $200,000 for loss of consortium, and Mr. Bailey was to receive nothing for his personal injury claim. If, as is often the case, Mr. Bailey requires additional medical treatment or rehabilitation services, he may seek additional benefits from Reliance. To the contrary, those defendants owed an independent obligation to Reliance to reimburse it for amounts paid on behalf of Mr. Bailey.
Note:	Employer's settlement of past benefits in 3rd party case does not defeat credit against future benefits.
Citation:	79 Cal.App.4th 449, 65 CCC 375
WCC Citation:	WCC 23872000 CA

Case Name:	Baillargeon v. Dept. of Water & Power		05/11/1977
Summary:	DORIS BAILLARGEON, Plaintiff and Appellant, v. DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES et al. , Defendants and Respondents (Opinion by Jefferson (Bernard), J. , with Kingsley, Acting P. J. , and Dunn, J. , concurring. )Plaintiff Doris Baillargeon filed against defendants Department of Water and Power of the City of Los Angeles (hereinafter, Department), Water and Power Employees Retirement Plan (hereinafter, The Plan), and Board of Administration of the Water and Power Employees Retirement Plan (hereinafter, Board), a complaint entitled '1. 'Like the demurrer, the motion for judgment on the [69 Cal. App. 3d 676] pleadings is confined to the face of the pleading under attack. Second, a sufficient complaint cannot be thus attacked by reference to matters set forth in the answer. Labor Code sections 5900, 5903 and 5950 establish that plaintiff's compensation award was not final on January 14, 1972.
Note:	Tolling rule suspends statute of limitations to date decision becomes final, not when filed.
Citation:	69 Cal.App.3d 670, 42 CCC 1142
WCC Citation:	WCC 26531977 CA

Case Name:	Baker v. WCAB (Guerrero)		07/28/2017
Summary:	Filed 7/28/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT .             CHRISTINE BAKER, as Administrator, etc. , Petitioner, .             v. .             WORKERS' COMPENSATION APPEALS BOARD and JIM GUERRERO, Respondents. .             H043291 .             (W. C. A. B. No. ADJ1377005) .             WRIT OF REVIEW .             We granted the petition for writ of review in this matter to answer a previously unresolved question: At what point does the Subsequent Injuries Benefits Trust Fund, the state fund that pays workers’ compensation benefits to certain permanently disabled workers, begin to owe those benefits to a qualifying applicant?.           Under the relevant statutes, the SIBTF pays a portion of the permanent disability compensation owed to a qualifying worker. .           We find further support for our reading of the statute in the Supreme Court’s reasoning in Baker v. Workers’ Comp. .           WE CONCUR: .           ____________________________ Premo, Acting P. J.
Note:
Citation:	H043291
WCC Citation:	W.C.A.B. No. ADJ1377005

Case Name:	Baker v. WCAB (Sierra Pacific Fleet Services)		07/17/2017
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 .             JACK BAKER, Petitioner, .             v. .             WORKER'S COMPENSATION APPEALS BOARD, SIERRA PACIFIC FLEET SERVICES et al. , Respondents. .             C080895 .             (WCAB No. ADJ8111772) .             Petitioner Jack Baker, a diesel mechanic employed by respondent Sierra Pacific Fleet Services (Sierra Pacific) and insured by respondent State Compensation Insurance Fund (State Compensation), injured his knee, neck, and shoulder in the course of his employment in February 2010. .           Dr. Portwood prescribed the drugs Pennsaid and Norco for Baker in February 2014. .           After the matter was assigned to IMR, both Baker and Sierra Pacific promptly submitted medical information to Maximus. .           RAYE , P. J. .           We concur: .           ROBBIE , J.
Note:	The 2nd District Court of Appeal issued a decision in California Highway Patrol v. WCAB (Margaris), which found this time limit was "merely directory," and an untimely returned decision is still binding on the parties to a comp case.
Citation:	C080895
WCC Citation:	WCAB No. ADJ8111772

Case Name:	Baker v. WCAB (X.S.)		08/11/2011
Summary:	BAKER v. WORKERS' COMPENSATION APPEALS BOARD CHRISTINE BAKER, as Administrator, etc. , Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and X. S. , Respondents. Life pension payments commence once the worker's partial permanent disability payments have been exhausted, and thereafter continue weekly for life. He received temporary disability payments of $728 per week from the date of injury through October 19, 2006. *fn3 Petitioner in this matter, Christine Baker, is the Director of Industrial Relations serving as administrator of the SIBTF. The WCAB below agreed with the interpretation of the statutory language urged by applicant, suggesting that, "[t]his holding is also consistent with the second sentence of section 4659(c).
Note:	SAWW increase begins the January 1st of the year following the date the life pension or permanent total disability payments begin.
Citation:	S179194
WCC Citation:	WCC 37902011 CA