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Case Law Library

Case Name: Aliano v. WCAB 12/24/1979
Summary: Aliano contends that the determination by the WCAB of his level of permanent disability resulting from the industrial injury is in error. Petition by Aliano for WCAB to Grant Reconsideration on Its Own Motion or Grant Reopening On October 7, 1974, more than 20 days after the findings and award of August 8, 1974, Aliano filed with the WCAB a 'Petition for Reconsideration on Appeals Board's Own Motion and Alternatively Petition to Reopen. 'In this petition Aliano argued that certain medical reports, which Aliano contended were material, had not been introduced into evidence by his prior counsel. D. Decision of WCAB on Reconsideration of Decision Granting Reopening Canoga/Eldorado sought reconsideration by the WCAB of the WCJ's decision. When the WCAB on reconsideration modified the award upon the petition for reconsideration by Canoga/Eldorado, Aliano could either seek reconsideration by the WCAB or could directly seek judicial review by a petition for writ of review.
Note: Reopened b/c employer failed to properly present facts in original decision; Service of hospital records not required but their willful suppression is fraud.
Citation: 100 Cal.App.3d 341, 44 CCC 1156
WCC Citation: WCC 26651979 CA
Case Name: Alliant Insurance Services, Inc. v. Gaddy 02/07/2008
Summary: Respondent Alliant Insurance Services, Inc. (Alliant) is an insurance brokerage business that obtains insurance for construction companies. In 2004, Alliant purchased a competing insurance brokerage, Gaddy Ward & Company Insurance Brokers (GWC), for $4. 1 million. He argues it should be limited to only four counties where, according to Gaddy, Alliant has construction clients. Alliant vice president Gregory Zimmer attested in a declaration that defendant worked for Alliant from 2004 until defendant's termination in October 2006. Thus, the supplemental declaration indicated there were two components to GWC's business -- (1) selling insurance to construction clients, and (2) procuring insurance from insurance companies.
Note: A noncompetitive covenant regarding the sale of a company may only address the geographic location in which the company sold does business. However, the area where a business is 'carried on' is not limited to the locations of its buildings, plants and warehouses, nor the area in which it actually made sales. Here, a company that primarily does business in 4 counties is able to show that they are a California service and may enforce a covenant not to compete in any and all 58 counties in California.
Citation: C055192
WCC Citation: WCC 33142008 CA
Case Name: Allied Interstate, Inc. v. GTS Home Health Services, Inc. 02/14/2013
Summary: ALLIED INTERSTATE, INC. v. GTS HOME HEALTH SERVICES, INC. ALLIED INTERSTATE, INC. , Plaintiff and Respondent, v. GTS HOME HEALTH SERVICES, INC. , Defendant and Appellant. Defendant and appellant GTS Home Health Services, Inc. (GTS) appeals an order denying its motion to vacate a default judgment obtained by plaintiff and respondent Allied Interstate, Inc. (Allied). Thereafter, on July 28, 2010, the summons, complaint and related documents were mailed to GTS at the same location. Thereafter, on December 7, 2010, following a default proveup by Allied, the trial court entered a default judgment against GTS. On June 1, 2011, nearly six months after entry of the default judgment, GTS filed a motion to vacate the judgment.
Note: A home health care provider which admitted having received a copy of the summons and complaint filed by the assignee of a State Compensation Insurance Fund debt was not entitled to have the default judgment against it vacated on the basis of improper service.
Citation: B237823
WCC Citation: WCC 39872013 CA
Case Name: Allied Interstate, Inc. v. Sessions Payroll Management, Inc. 02/16/2012
Summary: ALLIED INTERSTATE, INC. v. SESSIONS PAYROLL MANAGEMENT, INC. ALLIED INTERSTATE, INC. , Plaintiff and Respondent, v. SESSIONS PAYROLL MANAGEMENT, INC. , Defendant and Appellant. The payroll operations continued under the dba Sessions Payroll Management until 2008, at which time Heffernan returned Sessions to Knight's ownership. The policy identified "Sessions Payroll Management, Inc. " as the insured, stated it covered Sessions' liability to its employees, not "the liability of any [other] employer," and obligated Sessions to inform SCIF immediately when the information contained in the declarations regarding Sessions' operations was no longer accurate. *fn4 To determine the experience rating applicable to the policy, SCIF forwarded Sessions' payroll and operations information to the Workers' Compensation Insurance Rating Bureau (the Rating Bureau). Garcia met with Heffernan and Guido Dito, Sessions' risk manager, examined the company's payroll, employment, and insurance records, and reported her findings to SCIF.
Note: State Compensation Insurance Fund properly applied a 121% experience modifier to a Burbank payroll company that serves the movie industry.
Citation: B226134
WCC Citation: WCC 38592012 CA
Case Name: Allied Waste Industries, et al. v. WCAB (Rojas) 12/06/2010
Summary: ALLIED WASTE INDUSTRIES, INC. , et al. Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and ROGELIO ROJAS, Respondents. FACTS AND PROCEEDINGS Rogelio Rojas (applicant) was seriously injured while working as a garbage truck driver for petitioner Allied Waste Industries, Inc. The ALJ ordered additional medical treatment for applicant and awarded counsel a total of $386,515. 32 in attorney fees. However, the Board rejected respondent's challenge to the COLA calculation, concluding that it too was constrained by the Duncan decision. DISCUSSION Before embarking on our analysis of petitioner's claim, we briefly review some fundamentals of the workers' compensation system.
Note: A claimant's cost-of-living adjustments should not begin until the January 1 following his date of injury.
Citation: C064914
WCC Citation: WCC 36872010 CA
Case Name: Allison v. WCAB 05/27/1999
Summary: OPINION CROSKEY, J. - Petitioner Carol Allison (Allison) seeks relief from an order of a workers' compensation judge which directed her to answer deposition questions relating to her general past medical history. Factual and Procedural Background Allison is the applicant in the worker's compensation case entitled Allison v. Del Amo Mobile Homes Estates and bearing case No. POM 234030, which is pending before the Workers' Compensation Appeals Board (WCAB). While Allison was recuperating from surgery to her wrist, Del Amo noticed her deposition, which was taken in December 1997. Allison then filed a petition for removal to the WCAB pursuant to section 5310 fn. He argued that without a final order as to admissibility, no irreparable harm or prejudice to Allison [72 Cal. App. 4th 659] has occurred, and he recommended against removal to the WCAB.
Note: WCJ's have authority to hear and rule on discovery disputes.
Citation: 72 Cal.App.4th 654, 64 CCC 624
WCC Citation: WCC 26011999 CA
Case Name: Almaraz v. Environmental Recovery Services (II) 09/03/2009
Summary: WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. ADJ1078163 (BAK 0145426) OPINION AND DECISION AFTER RECONSIDERATION (EN BANC) MARIO ALMARAZ, Applicant, vs. ENVIRONMENTAL RECOVERY SERVICES (a. k. a. ENVIROSERVE); and STATE COMPENSATION INSURANCE FUND, Defendant(s). BACKGROUND In the Almaraz case, applicant sustained a November 5, 2004 back injury, while employed as a truck driver. We granted reconsideration in both the Almaraz and Guzman cases and consolidated them for our February 3, 2009 en banc decision. In both Almaraz and Guzman, we invited any interested person or entity to file and serve an amicus curiae brief by May 1. For the foregoing reasons, IT IS ORDERED, as the Decision After Reconsideration of the Workers' Compensation Appeals Board (en banc) in Almaraz v. Environmental Recovery Services, Case No. ADJ1078163 (BAK 0145426), that the Findings of Fact and Award of April 23, 2008 is AMENDED such that Findings of Fact Nos.
Note: [En Banc] The language of Labor Code section 4660(c) unambiguously means that a permanent disability rating established by the Schedule is rebuttable.
Citation: ADJ1078163
WCC Citation: WCC 35632009 CA
Case Name: Almaraz vs. Environmental Recovery Services (SCIF); Guzman vs. Milpitas Unified School Dist (Keenan) 02/03/2009
Summary: OPINION AND DECISION AFTER RECONSIDERATION (EN BANC) ===================== Case No.    ADJ3341185 (SJO 0254688) JOYCE GUZMAN, Applicant, vs. MILPITAS UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured; and KEENAN & ASSOCIATES, Adjusting Agent, Defendant(s). The Almaraz Case Applicant, Mario Almaraz, sustained an admitted industrial injury to his back on November 5, 2004, while employed as a truck driver by Environmental Recovery Services (a. k. a. Enviroserve), insured by defendant, State Compensation Insurance Fund. The Guzman Case Applicant, Joyce Guzman, sustained an admitted industrial injury to her bilateral upper extremities during a cumulative period ending on April 11, 2005, while employed as a secretary by defendant, the Milpitas Unified School District (adjusted by Keenan & Associates). In accordance with the discussion above, we specifically conclude that the AMA Guides portion of the 2005 Schedule is rebuttable. For the foregoing reasons, IT IS ORDERED that Almaraz v. Environmental Recovery Services, Case No. ADJ1078163 (BAK 0145426), and Guzman v. Milpitas Unified School District, Case No. ADJ3341185 (SJO 0254688), are CONSOLIDATED for the limited purpose of issuing a joint opinion.
Note: (1) the AMA Guides portion of the 2005 Schedule is rebuttable; (2) the AMA Guides portion of the 2005 Schedule is rebutted by showing that an impairment rating based on the AMA Guides would result in a permanent disability award that would be inequitable, disproportionate, and not a fair and accurate measure of the employees permanent disability; and (3) when an impairment rating based on the AMA Guides has been rebutted, the WCAB may make an impairment determination that considers medical opinions that are not based or are only partially based on the AMA Guides.
Citation: ADJ1078163 (BAK 0145426); ADJ3341185 (SJO 0254688)
WCC Citation: WCC 34892009 CA
Case Name: Alonzo v. Brennan 08/24/2011
Summary: SHAWNA ALONZO, Plaintiff and Respondent, v. CASEY BEAR BRENNAN et al. , Defendants and Appellants. At the time of the accident, Alonzo was employed by Children's Hospital of Orange County (CHOC). The ambulance was being operated by defendants Casey Bear Brennan and Filyn Corporation, doing business as Lynch Ambulance. TRM alleged that CHOC was self-insured for workers' compensation benefits, and that Alonzo was injured as a result of defendants' negligent operation of the ambulance in which she was riding, requiring CHOC to provide benefits to Alonzo. Alonzo's attorney submitted a declaration in support of the motion, indicating that his firm had a 40 percent contingency fee agreement with Alonzo.
Note: A hospital employee is entitled to $38,169 in attorney fees because she prevailed in a third-party suit that also helped her employer.
Citation: B222327
WCC Citation: WCC 37922011 CA
Case Name: Alvarez v. Seaside Transportation Services LLC 07/20/2017
Summary: Filed 7/20/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT .             BERNIE ALVAREZ, Plaintiff and Appellant, .             v. .             SEASIDE TRANSPORTATION SERVICES LLC et al. , Defendants and Respondents. .             B275980 .             (Los Angeles County Super. .             Plaintiff and appellant Bernie Alvarez was injured at work when he drove a maintenance van into a shipping container. Evergreen contracted with Marine Terminals Corporation dba Ports America (Ports America), Seaside Transportation Services, LLC (Seaside), and PCMC to provide services at the terminal. * .           WE CONCUR: .           FLIER, J.
Citation: B275980
WCC Citation: Los Angeles County Super. Ct. No. BC538128
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