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Case Law Library

Case Name: Alvarez v. WCAB (SCIF) 08/12/2010
Note: Section 4062.3 expressly prohibits ex parte communications with a panel QME, with no exception based on the initiator of the communication or for 'administrative' matters. Nevertheless, because a certain degree of informality in workers' compensation procedures has been recognized, not every conceivable ex parte communication permits a party to obtain a new evaluation from another panel QME.
Citation: B218847
WCC Citation: WCC 36562010 CA
Case Name: Alvis v. McIntyre 07/30/2008
Note: [Unpublished] In an effort to avoid the exclusivity provisions of the workers compensation scheme, there is no theory in which plaintiff can prevail against defendants listed as employers on plaintiff's complaint. Plaintiff could have, but did not, move to amend his complaint; his failure to do so means he is stuck with the complaint as pleaded.
Citation: C055102
WCC Citation: WCC 34042008 CA
Case Name: Amalgamated Transit Union vs. LA Co MTA 03/28/2003
Note: 132a claim may be part of union requested employee arbitration.
Citation: 107 Cal.App.4th 673
WCC Citation: WCC 29242003 CA
Case Name: Amborn v. WCAB 09/08/1971
Note: Patrolman entitled to leave of absence without loss of pay for 1 yr. as well as PD benefits.
Citation: 19 Cal.App.3d 953, 36 CCC 544
WCC Citation: WCC 26761971 CA
Case Name: Amer. Intern. Adj. Co., Inc. v. Crawford 01/09/1997
Note: WCAB has jurisdiction over bad faith or fraud claims against carriers or medical/legal lien claimants.
Citation: 51 Cal. App. 4th 1489, 62 CCC 22
WCC Citation: WCC 24851997 CA
Case Name: Amer. Psych. Consultants, Inc. v. WCAB 07/21/1995
Note: When both parties equally mistaken where money was paid, restitution not available.
Citation: 36 Cal.App.4th 1626, 60 CCC 559
WCC Citation: WCC 24401995 CA
Case Name: Ameri-Medical Corp. v. WCAB 02/27/1996
Note: Defendants objecting to bill have interest in impermissable charges but not unfettered access to doctor's business records; Disclosure of identity of medical reports preparers is essential.
Citation: 42 Cal.App.4th 1260, 61 CCC 149
WCC Citation: WCC 24421996 CA
Case Name: American Cargo Express v. Superior Court of Sacramento County 10/13/2017
Note: The 3rd District Court of Appeal ruled that the California Self-Insurers’ Security Fund can proceed with its claim for reimbursement from the former clients of a defunct staffing company.
Citation: C081125
WCC Citation: Super. Ct. No. 34201100113628
Case Name: American Casualty v. Miller 01/29/2008
Note: The injured worker's injuries arose from an event commonly thought of as environmental pollution. An ordinary insured would reasonably expect that the release of methylene chloride into a public sewer is environmental pollution.
Citation: B192216
WCC Citation: WCC 33092008 CA
Case Name: American Home Assurance v. WCAB (Wuertz) 09/11/2009
Note: A worker who was injured while riding his motorcycle to a rare work-related meeting on his day off was performing a 'special mission' at the time, and is entitled to compensation for his injuries.
Citation: F057906
WCC Citation: WCC 35662009 CA
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