Notice: Passwords are now case-sensitive

Remember Me
Register a new account
Forgot your password?

Case Law Library

Case Name: State of CA v. WCAB (Butterworth) 01/31/1980
Summary: In these three consolidated cases the petitioner, State of California, Department of Industrial Relations (hereafter State), challenges the Workers' Compensation Appeals Board (hereafter WCAB) determination that parents of deceased workers are dependents entitled to death benefits. By virtue of this section the State claims entitlement to death benefits resulting from the deaths of the stewardesses. The State contests the award to the parents, contending that the parents have failed to establish partial dependency, thus entitling the State to the benefits. Since the State has failed to prove that it is entitled to benefits, we affirm the decision of the WCAB. Initially, of course, as we have held, the Legislature placed the burden upon the State; therefore, the State must meet the burden, however difficult.
Note: State has burden of proving the deceased employee did not leave surviving anyone entitled to dependency death benefits.
Citation: 101 Cal.App.3d 673
WCC Citation: WCC 24641980 CA
Case Name: State of CA v. WCAB (Ellison) 04/03/1996
Summary: Facts Nature of Order The order in question was made in connection with a grant of reconsideration by the Board at the request of the State Compensation Insurance Fund (SCIF) and the state agency employer of the injured state worker. The state insures against its liability for compensation with SCIF pursuant to certain provisions of the Insurance Code. Code, §§ 11870, 11871, 11873; and see § 3700 ['Every employer except the state shall secure the payment of compensation . . . . ']. )The injured state worker, Shirley Ellison, was a correctional officer employed by the State Department of Corrections at the R. J. Donovan Correctional facility. Section 5814. 5 applies only to political subdivisions of the state, not the state itself.
Note: WCAB jurisdiction to impose penalty for delay in pmt. of State's industrial disability indemnity.
Citation: 44 Cal.App.4th 128
WCC Citation: WCC 24461996 CA
Case Name: Steller v. Sears, Roebuck and Co. 10/14/2010
Summary: IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX d Civil No. B219935 October 14, 2010 WENDY ANN STELLER, PLAINTIFF AND APPELLANT, v. SEARS, ROEBUCK AND CO. , DEFENDANT AND RESPONDENT. Wendy Ann Steller appeals from the judgment enforcing a settlement agreement between her and respondent, Sears Holdings Management Companys. The offer was made in the civil action and does not expressly mention the workers' compensation action. In June 2009 appellant filed a section 664. 6 motion for entry of a $95,000 judgment in the disability discrimination action. Respondent filed a cross-motion for entry of a judgment specifying "that the offer represents the settlement of [appellant's] .
Note: When two parties seek to settle a civil action and a workers' compensation claim at a superior court settlement conference, the settlement must be conditioned upon the approval of the Workers' Compensation Appeals Board, the 2nd District Court of Appeal ruled.
Citation: B219935
WCC Citation: WCC 36792010 CA
Case Name: Stephany L. Kramer v. Turner Construction Company 12/13/2010
Summary: STEPHANY L. KRAMER, Plaintiff and Appellant, v. TURNER CONSTRUCTION COMPANY, Defendant and Respondent. Plaintiff Stephany L. Kramer is an electrician who was employed by a subcontractor on a construction project managed by defendant Turner Construction Company (Turner) as the general contractor. Kramer also sued Turner for her injury upon allegations that the general contractor's acts and omissions affirmatively contributed to the accident. Turner was the general contractor on a construction project at Laguna Honda Hospital in San Francisco. Turner did not tell Rosendin where to place the gang box, nor did Turner make any suggestions about its placement.
Note: A general contractor is not responsible for injuries sustained by a subcontractor's employee while retrieving personal protective equipment because the general contractor did not control where the container with the equipment was located, California's First District Court of Appeals.
Citation: A128063
WCC Citation: WCC 36912010 CA
Case Name: Stephens v. County of Tulare 05/25/2006
Summary: 05/25/2006) IN THE SUPREME COURT OF CALIFORNIA No. S129794 May 25, 2006 JOHN STEPHENS, PLAINTIFF AND APPELLANT, v. COUNTY OF TULARE ET AL. , DEFENDANTS AND RESPONDENTS. Ct. App. 5 F044123 Tulare County Super. Attorneys for Respondent: Kathleen Bales-Lange, County Counsel, Ron Rezac, Chief Deputy County Counsel, and Crystal E. Sullivan, Deputy County Counsel, for Defendants and Respondents. Kathleen Bales-Lange, County Counsel (Tulare) and James G. Line, Deputy County Counsel, for Tulare County Employees' Retirement Association as Amicus Curie on behalf of Defendants and Respondents. Facts John Stephens began working for the Tulare County Sheriff-Coroner as a detention specialist III in December 1994. Stephens applied for a disability retirement with the Tulare County Employees' Retirement Association (TCERA) on November 18, 1998.
Note: Dismissal of government employee under Government Code 31725 following industrial injuries requires severance of the employment relationship.
Citation: 38 Cal. 4th 793
WCC Citation: WCC 31582006 CA
Case Name: Stephenson vs. Argonaut Ins. Co. 12/23/2004
Summary: Plaintiff Fred Stephenson, the trustee of Commercial Conservancy No. 1, is now doing business as Enniss (hereinafter collectively referred to as plaintiff). Plaintiff sued its general liability insurer, two insurance brokerages, an insurance agent, plus defendant Argonaut Insurance Company, its workers' compensation carrier. But in early 1998, Clarendon withdrew its defense predicated "on the basis that Guardado was a leased worker and . Defendant rejected this tender, in part, because "the Argonaut Policy does not include a duty to defend the Action. "Ultimately, Guardado recovered a $1. 75 million default judgment against plaintiff due to plaintiff's failure to comply with discovery orders.
Note: Employer cannot recover civil damages against its workers'
Citation: 125 Cal. App. 4th 962
WCC Citation: WCC 30722004 CA
Case Name: Steward v. Board of Trustees of CSU 03/21/2013
Summary: STEWARD v. BOARD OF TRUSTEES OF CALIFORNIA STATE UNIVERSITY NORMA STEWARD, Plaintiff and Appellant, v. BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, Defendant and Respondent. INTRODUCTION Plaintiff Norma Steward appeals from a judgment entered in favor of defendant Board of Trustees of the California State University (CSU). Steward's husband died from injuries he incurred as a result of the accident, and Steward suffered physical and emotional injuries. Procedural background Steward filed a complaint against Guseman and CSU on July 6, 2010, alleging a single cause of action for negligence. On December 5, 2011, the trial court entered a minute order granting judgment in favor of CSU.
Note: A college dean's car accident, which resulted in the death of a pedestrian, while he was on his way to breakfast with a former colleague was not within the course and scope of his employment.
Citation: D061558
WCC Citation: WCC 39952013 CA
Case Name: Stoddard vs. Western Employers Ins. Co. 04/12/1988
Summary: JEFFREY STODDARD, Plaintiff and Appellant, v. WESTERN EMPLOYERS INSURANCE COMPANY et al. , Defendants and Respondents (Opinion by Work, Acting P. J. , with Todd and Benke, JJ. , concurring. )Alleging damages from what he considered unreasonable delays in resolving his workers' compensation claims, Jeffrey Stoddard sued his employer's insurers, Western Employers Insurance Company (Western) and The Travelers Insurance Company (Travelers), for breach of the implied covenant of good faith and fair dealing, intentional infliction of emotional distress, and violation of Insurance Code section 790. 03, subdivision (h). Stoddard reported this information to Western and Hamasaka. On October 7, 1981, a coemployee at S. J. Grove & Sons grabbed Stoddard around the waist and accidentally severely twisted his back. Stoddard did obtain an attorney, but both Western and the workers' compensation carrier for S. J. Grove & Sons, Travelers, refused to extend benefits.
Note: Refusal to pay benefits does not take matter out of exclusive remedy bargain of workers' compensation.
Citation: 200 Cal.App.3d 165
WCC Citation: WCC 29941988 CA
Case Name: Stoilkov v. Yin 04/09/2018
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 FOURTH APPELLATE DISTRICT DIVISION TWO .             ALEXANDRE STOILKOV, Plaintiff and Appellant, .             v. .             YONG CHA YIN et al. , Defendants and Respondents. .             E066573 .             (Super. Ct. No. CIVRS1305829) .             OPINION .             APPEAL from the Superior Court of San Bernardino County. Stoilkov asserted N&C Trucking owned the semi in which Stoilkov was sleeping at the time of the accident and therefore had a duty toward Stoilkov akin to a property owner, in the nature of premises liability. .           The trial court explained that Stoilkov was performing a work-related task for N&C Trucking at the time of the accident because the point of having Yim and Stoilkov in the semi was so that the semi could continue moving while either Yim or Stoilkov slept in the semi. .           NOT TO BE PUBLISHED IN OFFICIAL REPORTS .           MILLER Acting P. J.
Note: A California appellate court upheld the dismissal of an injured truck driver’s tort claims against his employer and co-employee seeking damages for injuries from a motor vehicle accident.
Citation: E066573
WCC Citation: Super.Ct.No. CIVRS1305829
Case Name: Stokes v. Patton State Hospital / Department of Mental Health / State of California 07/09/2007
Summary: WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. SBR 0311485 KIMBERLY STOKES, Applicant, vs. PATTON STATE HOSPITAL / DEPARTMENT OF MENTAL HEALTH / STATE OF CALIFORNIA, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendant, OPINION AND DECISION AFTER RECONSIDERATION AMBULATORY SURGERY CENTER OF POMONA, Lien Claimant. Thus, the corporation, Pomona Surgery Center, Inc. , was not utilizing its corporate name but a fictitious business name. LICENSURE AND ACCREDITATION REQUIREMENTS The Legislature has determined that quality assurance is needed to ensure that outpatient surgical centers are safe and effective. However, there is a potential distinction between a "clinic" and an "outpatient setting" for purposes of licensure and accreditation. (e) Any health facility licensed as a general acute care hospital under Chapter 2 (commencing with Section 1250).
Note: To determine if a fictitious-name permit from the Medical Board is required it is necessary to distinguish between a 'clinic' that directly provides medical treatment and an 'outpatient setting' that does not.
Citation: 72 CCC 996
WCC Citation: WCC 32342007 CA
1706 Results Page 151 of 171