Case Law Library
| Case Name: | Prock v. Tamura Corporation of America | 01/25/2013 | |
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| Summary: | PROCK v. TAMURA CORPORATION OF AMERICA JUSTIN G. PROCK, Plaintiff and Appellant, v. TAMURA CORPORATION OF AMERICA, Defendant and Respondent. Plaintiff and appellant Justin Prock appeals a judgment entered after the trial court granted Tamura Corporation of America's (hereafter Tamura) motion for summary judgment. FACTS In his complaint, Prock alleged that he was employed by Tamura and that Tamura is an employer subject to the Fair Housing and Employment Act (FEHA). Tamura "was notified" and was provided with documentation from Prock's doctor that Prock would need leave from work through September 19, 2008. However, it is also undisputed that Tamura summarily dismissed Prock when Prock requested a further extension of his leave. | ||
| Note: | The existence of triable issues of fact about whether a worker was a "qualified individual with a disability" barred an employer from obtaining summary judgment against a disability discrimination suit. | ||
| Citation: | E054185 | ||
| WCC Citation: | WCC 39752013 CA | ||
| Case Name: | Prudential Ins. Co. v. WCAB | 12/15/1978 | |
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| Summary: | OPINION MANUEL, J. Petitioner Prudential Insurance Company of America (Prudential) seeks review of an order of the respondent Workers' Compensation Appeals Board (WCAB) denying its claim of lien filed against an award in favor of respondent Thomas Wright (Wright), an airline employee. Pursuant to the policy, Prudential made payments to him without offset for workers' compensation benefits to which he may have been entitled. In August 1976, Wright filed an application with the WCAB, alleging the October injury was industrial in nature. Prudential filed with the WCAB a notice and request for allowance of lien seeking to recover back these payments to the extent Wright received workers' compensation benefits. The original findings and award of WCAB failed to dispose of Prudential's claim, apparently because the WCAB had misplaced the claim of lien. | ||
| Note: | Overpaid disability benefits are outside reach of group disability insurer's liens. | ||
| Citation: | 22 Cal.3d 776 | ||
| WCC Citation: | WCC 24481978 CA | ||
| Case Name: | Public Service Mutual Ins. Co. v. Svetlik | 01/13/2017 | |
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| Summary: | This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115(a). Â IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE . Â Â Â Â Â Â Â PUBLIC SERVICE MUTUAL INSURANCE COMPANY, Intervener and Appellant, . Â Â Â Â Â Â Â v. . Â Â Â Â Â Â Â STEVEN M. SVETLIK, Defendant and Respondent. . Â Â Â Â Â Â Â A144803 . Â Â Â Â Â Â Â (Alameda County Super. Ct. No. HG13676541) . Â Â Â Â Â Â Â Steven M. Svetlik drove his car into a restaurant where Jennifer Carranza was working, injuring her. The restaurantâs workersâ compensation insurance carrier, Public Service Mutual Insurance Company (Insurer), paid $18,388. 14 in workersâ compensation benefits and medical expenses on Carranzaâs behalf. Rules of Court, rule 8. 278. ) . Â Â Â Â Â Â _________________________ Jones, P. J. . Â Â Â Â Â Â We concur: . Â Â Â Â Â Â _________________________ Needham, J. | ||
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| Citation: | A144803 | ||
| WCC Citation: | Alameda County Super. Ct. No. HG13676541 | ||
| Case Name: | Pugh v. WCAB | 11/03/2008 | |
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| Summary: | Delores Pugh petitioned for review of a decision by the Workers' Compensation Appeals Board (WCAB) finding that her claim for benefits is barred by the one-year statute of limitations. In August 2003, Pugh filed a claim with the WCAB alleging that she suffered cumulative psychological and physical injuries while employed by the County during the period April 1972 through July 1999. The WCAB did not reject the judge's factual findings that the County had not posted the statutory notice and that Pugh was unaware of her rights. Rather, the WCAB concluded that Pugh knew in 1998, or at the latest 1999, that her stress was work related and such knowledge was sufficient to trigger the one-year period for filing a claim under sections 5405 and 5412. The WCAB did not address the County's arguments relating to the merits of Pugh's disability award, finding those issues moot. | ||
| Note: | [Unpublished] if an employer fails to post the notice of employees' workers' compensation rights required by Labor Code section 3550 and the employee is otherwise unaware of her rights, then the statute of limitations is tolled until the employee gains actual knowledge that she may be entitled to benefits. | ||
| Citation: | B201677 | ||
| WCC Citation: | WCC 34572008 CA | ||
| Case Name: | Pullman Kellogg vs. WCAB (Normand) | 02/04/1980 | |
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| Summary: | PULLMAN KELLOGG et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and MARTIN G. NORMAND, Respondents (Opinion by Mosk, J. , expressing the unanimous view of the court. )Normand's employer, Pullman Kellogg, and its insurance carrier, Eldorado Insurance Company (hereinafter referred to collectively as Pullman Kellogg) seek review of the board's decision, asserting primarily that the medical evidence before the board compelled the conclusion that part of the disability was due to Normand's smoking habit, and therefore apportionment was required. We see no reason, nor does Pullman Kellogg offer any, to distinguish between a cumulative trauma and a specific injury in these circumstances. Another contention made by Pullman Kellogg is that Normand is bound by Dr. Sills' opinion because he introduced the doctor's report into evidence. (1966) 243 Cal. App. 2d 380 [52 Cal. Rptr. 276], upon which Pullman Kellogg relies, is not persuasive authority. | ||
| Note: | Apportionment is question of fact and must be supported by substantial evidence. | ||
| Citation: | 26 Cal3rd 450 | ||
| WCC Citation: | WCC 30261980 CA | ||
