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Case Law Library

Case Name: Avila v. WCAB 12/30/1970
Note: PD when impairment of earning capacity or normal use of a member, or handicap in labor mkt.
Citation: 14 Cal.App.3d 33, 35 CCC 637
WCC Citation: WCC 25111970 CA
Case Name: Avila-Gonzalez v. Workers' Compensation Appeals Board 10/07/2010
Note: Faced with conflicting case law about what needs to be present in a doctor's report for the 1997 Permanent Disability Rating Schedule to apply, the 1st District Court of Appeal on Thursday sided with the Genlyte decision and remanded back to the Workers' Compensation Appeals Board for a decision about whether a medical report written before 2005 stated that the applicant was permanently disabled.
Citation: A126429
WCC Citation: WCC 36762010 CA
Case Name: Ayala et al. v. Antelope Valley Newspapers, Inc. 09/19/2012
Note: A group of newspaper home delivery carriers were entitled to assert a class action against their employer based on their alleged misclassification as independent contractors.
Citation: B235484
WCC Citation: WCC 39422012 CA
Case Name: Babbitt v. Ow Jing dba National Market and Golden Eagle Insurance Co. 01/24/2007
Note: A defendant may satisfy its obligation under Labor Code section 4600 to provide reasonable medical treatment by transferring an injured worker into an MPN in conformity with applicable statutes and regulations regardless of the date of injury or the date of an award of future medical treatment.
Citation: STK 0174793
WCC Citation: WCC 32082007 CA
Case Name: Badillo v. Abc Industries, Inc. et al. 03/16/2012
Note: A janitor who was hired and fired by the same company on three different occasions was time-barred from asserting her claims of harassment, retaliation, disability discrimination, wrongful termination and violation of the Family Rights Act.
Citation: B227714
WCC Citation: WCC 38752012 CA
Case Name: Bagatti v. Dept. of Rehab 04/02/2002
Note: FEHA suit is not barred by exclusive remedy doctrine.
Citation: 97 Cal.App.4th 344
WCC Citation: WCC 28462002 CA
Case Name: Baglione v. Hertz Car Sales 04/06/2007
Note: For the 1997 Schedule to apply under section 4660(d), the existence of permanent disability must be indicated in either a pre-2005 comprehensive medical-legal report or a pre-2005 report from a treating physician.
Citation: 72 CCC 444
WCC Citation: WCC 32142007 CA
Case Name: Baglione v. Hertz Car Sales and AIG 01/24/2007
Note: The PDRS that was in effect at the time of the comprehensive medical-legal report is applicable.
Citation: 72 CCC 86
WCC Citation: WCC 32072007 CA
Case Name: Bailey v. Reliance Ins. Co. 03/28/2000
Note: Employer's settlement of past benefits in 3rd party case does not defeat credit against future benefits.
Citation: 79 Cal.App.4th 449, 65 CCC 375
WCC Citation: WCC 23872000 CA
Case Name: Baillargeon v. Dept. of Water & Power 05/11/1977
Note: Tolling rule suspends statute of limitations to date decision becomes final, not when filed.
Citation: 69 Cal.App.3d 670, 42 CCC 1142
WCC Citation: WCC 26531977 CA
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