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Case Law Library



 
Case Name: Bergenstal v. WCAB 04/09/2001
Summary: From September of 1991 to December of 1992, Doctors Bergenstal and Chaparro submitted reports regarding applicant's progress in therapy. In his January 20, 1993, letter to defendants, Doctor Bergenstal stated: 'I am the primary treating physician in this case. At the hearing of the disputed lien, Doctor Bergenstal was not represented by counsel. Although it would appear that Doctors Bergenstal and Chaparro have satisfied the supervision requirements of Business and Professions Code section 2913, no such finding has been made by the WCJ or the WCAB as the triers of fact. The matter is remanded to the WCAB for further proceedings, consistent with this opinion, to determine whether Doctor Bergenstal is entitled to compensation for the psychological treatment provided to applicant and the amount of any compensation.
Note: Certain medical practitioners, who do not come within Labor Code section 3209.3, are authorized to provide services to an injured worker if the employer consents.
Citation: 45 Cal.App.4th 1272, 61 CCC 437
WCC Citation: WCC 4092001 CA
 
 
Case Name: Berkebile v. WCAB 06/20/1983
Summary: VERA BERKEBILE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and JOHNS-MANVILLE SALES CORPORATION, Respondents. OPINION WOODS, P. J. Petitioner, Vera Berkebile, seeks review of the findings and annulment of an order determining that her claim for workers' compensation death benefits arising out of the death of Earl Berkebile was barred by the statute of limitations. Decedent, Earl Berkebile, the husband of petitioner and applicant, Vera Berkebile, was employed by the self-insured respondent Johns-Manville [144 Cal. App. 3d 942] Sales Corporation, formerly Johns-Manville Products Corporation, from July 13, 1934 to September 30, 1942. Earl Berkebile died on October 7, 1980. Thereafter, Vera Berkebile filed an application for workers' compensation death benefits on November 13, 1980 (case No. OAK 092588).
Note: Widow's claim filed within 240 weeks of her first knowledge of illness was timely filed.
Citation: 144 Cal.App.3d 940, 48 CCC 438
WCC Citation: WCC 25221983 CA
 
 
Case Name: Betancourt v. WCAB 03/30/1971
Summary: JESUS J. BETANCOURT, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD et al. , Respondents; HOLLAND-AMERICA INSURANCE COMPANY, Real Party in Interest (Opinion by Pierce, P. J. , with Regan, J. , and Bray, J. , concurring. )In this mandamus proceeding petitioner Betancourt seeks an order compelling the Workmen's Compensation Appeals Board and/or its referee to comply with the provisions of rule 10832 of the board's Rules of Practice and Procedure. 1 On May 8, 1969, petitioner injured his hip while lifting lumber in the course of his employment. At this hearing two medical doctors representing the carrier, Gilbert Kucera, M. D. , an orthopedist, and Lyman Maass, M. D. , a neurosurgeon, filed reports. He does not believe that the applicant would have been able to continue working if he had not received the care. '
Note: The Code provides for and authorizes chiropractic treatment.
Citation: 16 Cal.App.3d 408, 36 CCC 186
WCC Citation: WCC 4111971 CA
 
 
Case Name: Bethlehem Steel Co. v. Industrial Accident Comm'n 07/30/1945
Summary: No. 12902 July 30, 1945 BETHLEHEM STEEL COMPANY (A CORPORATION), PETITIONER, v. INDUSTRIAL ACCIDENT COMMISSION AND DANIEL E. SEAQUIST, RESPONDENTS PROCEEDING to review an order of the Industrial Accident Commission awarding compensation for personal injuries. The ground floor was used by the company in carrying on the bond sales transactions with its employees. Prior to July 14, 1944, Seaquist had purchased some bonds under the above plan, but later had cancelled his subscription. 2d 377 [90 P. 2d 68]), and that any reasonable doubt should be resolved in favor of the employee (Employers' etc. Corp. v. Industrial Acc. "The Bethlehem Steel Company handled the bookkeeping and clerical work involved in deducting the purchase price [70 CalApp2d Page 391] of the bonds from the payroll and the handling out of the bonds at the proper time .
Note: Injuries compensable if employee injured while picking up bond at specified location.
Citation: 70 Cal. App. 2d 382
WCC Citation: WCC 30481945 CA
 
 
Case Name: Bethlehem Steel Corp. v. IAC 08/30/1951
Summary: BETHLEHEM PACIFIC COAST STEEL CORP. (a Corporation), Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION et al. , Respondents. In proceedings several years later he was given an award based on a rating of 10 1/4 per cent permanent disability. The second hearing was before a different referee and the rating was made by a different rating specialist. Chipman was injured while he and a fellow employee were unloading from a gondola car steel girders and trusses, and some miscellaneous iron. A girder, weighing about 1,875 pounds, which was being handled by a crane, caught on the edge of the car.
Note: In reviewing award of IAC, questions not raised on application for rehearing won't be considered.
Citation: 106 Cal.App.2d 373, 16 CCC 210
WCC Citation: WCC 26571951 CA
 
 
Case Name: Betson v. Rite Aid Corp 11/27/2012
Summary: BETSON v. RITE AID CORPORATION DOREEN BETSON, Plaintiff and Appellant, v. RITE AID CORPORATION, Defendant and Respondent. The jury found that Rite Aid did not inform anyone other than Betson that she had committed fraud, had stolen from Rite Aid, or had engaged in theft. She alleged that Rite Aid "falsely informed Betson that she was being terminated for stealing, knew that Betson would be forced to inform others of why Rite Aid claimed that she had been fired and in fact Betson told others what Rite Aid said to her. Betson claims she satisfied this requirement through the testimony of John Acosta, a Rite Aid district manager, in another case, Martinez v. Rite Aid (LASC Case No. BC401746). Rite Aid answered the first amended complaint as "Thrifty Payless, Inc. dba `Rite Aid' (erroneously sued herein as `Rite Aid Corporation') .
Note: The 2nd District Court of Appeal ruled that evidence of a supervisor's hostile treatment of an injured retail worker precluded summary judgment on the worker's claims of discrimination and retaliation for her disability and for taking medical leave.
Citation: B235747
WCC Citation: WCC 39522012 CA
 
 
Case Name: Betsworth vs. WCAB 06/30/1994
Summary: At this point (though the record is not exactly clear) Betsworth became upset and addressed Referee Flynn as "Madam Referee. "The applicant's attorney would later testify that Betsworth then said she "basically could not get a fair hearing on [the venue] issue. (In various declarations prior to the later contempt hearing, Betsworth denied ever using the words "fair hearing. ")As the attorneys were heading out the doorway Betsworth said, "this [is] another case that should be referred to the L. A. Referee Flynn then filed her formal accusation of contempt against Betsworth, but only after Betsworth had filed a petition requesting Referee Flynn's removal.
Note: Discussion of contempt before WCJ.
Citation: 26 Cal.App.4th 586
WCC Citation: WCC 29301994 CA
 
 
Case Name: Beverly Hills Multispecialty Med. Grp. v. WCAB 07/07/1994
Summary: BEVERLY HILLS MULTISPECIALTY GROUP, INC. , Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, INTERNATIONAL RECTIFIER et al. , Respondents. [26 Cal. App. 4th 792] OPINION CROSKEY, J. Petitioner, Beverly Hills Multispecialty Group, Inc. (BHMG), sought writs of review in 10 cases in which respondent Workers' Compensation Appeals Board (Board) affirmed orders denying BHMG's lien claims for medical treatment and medical-legal costs. Some of Mr. Jordan's testimony, while Mr. Lispi was outside the hearing room, concerned treatment that Mr. Jordan obtained at BHMG. After Mr. Lispi was allowed to return to the hearing room, he made two objections, both of which were sustained. He stated that BHMG's bills in the 10 cases totalled $157,906. 50 and that the total defense cost was $62,047. 49.
Note: Lien claimants entitled to due process in work comp proceedings; failure to serve defense med. reports/notice of fraud allegations denies fair trial, is reversible per se.
Citation: 26 Cal.App.4th 789, 59 CCC 461
WCC Citation: WCC 3961994 CA
 
 
Case Name: Beverly Hilton Hotel, Hilton Hotels Corp. v. WCAB (Boganim) 08/26/2009
Summary: Filed 8/26/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE BEVERLY HILTON HOTEL, HILTON HOTELS CORPORATION, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and SAMSON BOGANIM, Respondents. A trial de novo was held at the local appeals board, and the Determination of the Rehabilitation Unit was upheld. After granting reconsideration, the Board, on October 7, 2008, affirmed the January 31, 2008, Findings and Award of the WCJ. is a statutory system enacted pursuant to a constitutional grant of power to the Legislature to establish a workers' compensation system. The system evolved from a voluntary program to one in which the employer had a statutory obligation to provide benefits to qualified workers.
Note: Because the WCAB's decision was not a final determination of claimant's right to vocational rehabilitation benefits and because section 139.5 has been repealed, he is not entitled to vocational rehabilitation benefits.
Citation: B212205
WCC Citation: WCC 35572009 CA
 
 
Case Name: Bhandari v. 7-Eleven 01/09/2018
Summary: Procedural History   Bhandari’s parents, plaintiffs and appellants Rajendra Bhandari and Deu Bhandari (plaintiffs), acting on behalf of Bhandari’s estate, sued defendants for negligence in October 2012. In a first amended complaint, plaintiffs allege D&D knew Bhandari was the principal witness in the criminal case against Frazier and that Bhandari was to testify against Frazier on the day he was killed. Bhandari also told Davinder he did not feel well and asked to go home, at which point Davinder “relieved Bhandari from his shift. ” Davinder said neither Bhandari nor anyone else ever told him Bhandari felt threatened or fearful for his safety. Davinder said he did not know what case Bhandari was talking about, nor did he know Bhandari had been in court to testify. He said Bhandari did not ask to go home; Bhandari left because he had finished the project he came in to complete.
Note: The owners of a 7-Eleven could not have foreseen their employee getting shot dead outside the store on the day he was scheduled to testify against an accused robber
Citation: B275219
WCC Citation: Los Angeles County Super. Ct. No. VC062208
 
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