Notice: Passwords are now case-sensitive

Remember Me
Register a new account
Forgot your password?

Case Law Library

Case Name: Bell v. Samaritan Medical Clinic, Inc. 07/26/1976
Summary: BELL as Administrative Director, etc. , et al. , Plaintiffs and Respondents, v. SAMARITAN MEDICAL CLINIC, INC. , et al. , Defendants and Appellants (Opinion by Kane, J. , with Taylor, P. J. , and Rouse, J. , concurring. )As we shall explain, the answer to this inquiry is clearly "no. " We accordingly affirm the order of the trial court. Bell, as the Administrative Director of the Division of Industrial Accidents ("Director"), and the Workers' Compensation [60 Cal. App. 3d 488] Appeals Board ("Board") filed the present action to enjoin fn. Thus, under section 5307. 1, the Director is authorized -- after public hearings -- to adopt an official minimum medical fee schedule. We see no distinction in substance between the physician's rendition of treatment and medical reports and the rendition of legal services by the claimants' attorney.
Note: Medical provider may not charge injured worker for any amount not covered by comp.
Citation: 60 CA 3d 486; 41 CCC 415
WCC Citation: WCC 30251976 CA
Case Name: Bell v. WCAB 03/10/1987
Summary: Rosemary Bell, Applicant, and Blue Cross of California, Petitioner in Intervention v. Workers Compensation Appeals Board of the State of California and County of Los Angeles, Respondents On June 1, 1977, Rosemary Bell filed an application for workers' compensation benefits. Blue Cross paid for Bell's psychiatric treatment. On 6/21/78 a C&R was approved but Blue Cross had not filed its lien. Blue Cross filed its lien 10/16/78, but didn't file a Declaration of Readiness until 9/24/85. Blue Cross lost on Reconsideration, and its Petition for Writ of Review was denied.
Note: Motion to set aside C&R by lien claimant barred by laches because claimant waited 7 years.
Citation: 52 CCC 72 (Writ Denied)
WCC Citation: WCC 28781987 CA
Case Name: Bell vs. Agee Construction 12/29/2004
Summary: COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA D043626 December 29, 2004 DOUGLAS BELL, PLAINTIFF AND APPELLANT, v. GREG AGEE CONSTRUCTION, INC. CERTIFIED FOR PUBLICATION Douglas Bell appeals from a summary judgment in favor of general contractor Greg Agee Construction, Inc. and its principal Greg Agee (collectively Agee) on Bell's complaint for personal injuries he sustained after a wall fell on him at his workplace. FACTUAL AND PROCEDURAL BACKGROUND In April 2002, Bell, an employee of Kincaid Construction Co. (Kincaid), was working at a construction site when a gust of wind caused a framed wall to fall on him, injuring his back. Bell further alleged Agee should have recognized that the work of framing was likely to create a special risk of bodily harm to others unless special precautions were taken. Bell's Contentions In a series of arguments based on Privette's underlying policies and objectives, Bell contends Privette should not bar his claims against Agee.
Note: Subcontractor's failure to maintain WC does not create liability for general contractor.
Citation: 125 Cal. App. 4th 453
WCC Citation: WCC 30702004 CA
Case Name: Bell-Sparrow v. Farmers Insurance Company 11/13/2009
Summary: IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO ARLENE BELL-SPARROW, Plaintiff and Appellant, v. FARMERS INSURANCE COMPANY, Defendant and Respondent. Ct. No. HG08373500) Arlene Bell-Sparrow (plaintiff) appeals the trial court's grant of summary judgment in favor of Farmers Insurance Company (defendant or Farmers)*fn1 in this employment discrimination/wrongful termination action. In her briefing on appeal, plaintiff appears to be arguing that defendant used its "employment connection" with Insurance Recruitment Specialists to get her "black listed" in the insurance industry. Defendant's true name apparently is "Farmers Insurance Exchange. "However, for purposes of this lawsuit, its name is set forth as "Farmers Insurance Company. "
Note: [Unpublished] Only if a plaintiff produces sufficient evidence to establish a prima facie case does the burden shift to the employer to present evidence showing it had a legitimate, nondiscriminatory reason for the employment action, which plaintiff here failed to do.
Citation: A124481
WCC Citation: WCC 35772009 CA
Case Name: Belletich v. Carley 03/12/2008
Summary: INTRODUCTION Plaintiff and appellant Beverly Belletich (plaintiff) filed a workers' compensation claim and a civil complaint against her employer Carley, LLC (Carley). On February 10, 2006, plaintiff filed a civil action against Carley in the Superior Court of Los Angeles County. This [Release] settles all claim [sic] whether civil, administrative, federal, or state against defendants Carley LLC & State Farm. "*fn3 PROCEDURAL BACKGROUND On November 1, 2006, Carley filed a motion for summary judgment in plaintiff's civil action. the Court issued its order, granting the summary judgment, upon the ground that this matter was settled, compromised and release[d] in plaintiff's Workers' Compensation case, against Carley, L. L. C. [¶] Therefore, judgment is hereby rendered for defendant, Carley .
Note: [Unpublished] The release language of the settlement agreement is not reasonably susceptible to the narrow interpretation urged by plaintiff. In such case, parole evidence is inadmissible and so, does not raise a triable issue of fact.
Citation: B199968
WCC Citation: WCC 33252008 CA
Case Name: Beloud, Inc. v. WCAB 08/19/1975
Summary: On June 29, 1970, applicant, then and thenceforth represented by petitioner, filed a petition to reopen the 1966 case alleging new and further disability. Reconsideration will be granted for this purpose and such further proceedings as the Board may thereafter determine to be appropriate. 'Accordingly, in 66 POM 5677 the Board ordered paid to applicant additional permanent disability of 11 1/4 percent equivalent to $2,362. 50. In WCAB Case No. 66 POM 5677, the applicant's indemnity award was $2,362. 50, and the attorney's fee allowed was $400. 00. In WCAB Case No. 70 POM 17979, the applicant's indemnity award equalled $8,190. 00, and the attorney's fee allowed was $850. 00.
Note: WCAB exceeded authority by modifying attorneys fees without attorney notice and opportunity to be heard.
Citation: 50 Cal.App.3d 729, 40 CCC 505
WCC Citation: WCC 26621975 CA
Case Name: Bennett v. WCAB 04/03/1986
Summary: William Bennett, Petitioner v. Workers' Compensation Appeals Board of the State of California; State of California, Department of Justice; and State Compensation Insurance Fund, Respondents. The medical evidence showed applicant had suffered a left ventricular hypertrophy with a thickening of the left ventricular wall. Bennett also suffered from a disability affecting the peripheral vascular areas and abdominal aorta caused by the advanced development of arteriosclerosis. The evidence reflected no causal connection between the left ventricular hypertrophy and the disability in the peripheral vascular areas. In his Petition for Writ of Review, Bennett argued that his peripheral vascular disability was 'heart trouble' within the meaning of Labor Code section 3212. 7.
Note: Peripheral vascular disability was not 'heart trouble' within meaning of this section.
Citation: 51 CCC 139
WCC Citation: WCC 4161986 CA
Case Name: Benson v. The Permanente Medical Group 12/13/2007
Summary: THE PERMANENTE MEDICAL GROUP, Permissibly Self-Insured; ATHENS ADMINISTRATORS (Adjusting Agent), Defendant(s). Applicant, Dianne Benson, began working as a file clerk for The Permanente Medical Group in April 1992. If there was no substantial medical evidence to justify separately assigning a percentage of permanent disability to either injury, apportionment was not permitted. Thus, each separate injury requires a separate analysis of the medical evidence to determine the causative sources of disability. Indeed, a medical report that fails to offer an opinion on apportionment of each separate injury cannot be considered substantial medical evidence to justify an award of permanent disability.
Note: The rule in Wilkinson is not consistent with the new requirement that apportionment be based on causation and, therefore, Wilkinson is no longer generally applicable.
Citation: 72 CCC 1620
WCC Citation: WCC 32892007 CA
Case Name: Benson vs. WCAB 02/10/2009
Summary: On July 15, 2003, Benson was placed on temporary total disability and did not return to work thereafter. On September 26, 2005, Benson was examined by Joseph Izzo, M. D. , who was acting as an agreed medical examiner (AME). The WCJ's combined award entitled Benson to a total of $67,016. 25, payable at $185 per week for 362. 25 weeks. Benson concedes that section 4663, subdivision (c), not only governs the physician's analysis, but also the Board's own apportionment determination. Benson does not argue that Dr. Izzo's opinion is speculative and we decline to address CAAA's argument to that effect.
Note: Courts must separately rate successive injuries to the same body part that simultaneously become permanent and stationary.
Citation: A120462
WCC Citation: WCC 34902009 CA
Case Name: Bentley v. IAC 07/31/1946
Summary: BYRON R. BENTLEY, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, CHARLES T. MARTIN et al. , Respondents. COUNSEL Byron R. Bentley, in pro. [75 Cal. App. 2d 548] R. C. McKellips, Edward A. Sarkisian and John A. Rowe, Jr. , for Respondents. A writ was issued herein for review of an award of attorney's fees by the Industrial Accident Commission. Following the injury he suffered pains in the neck and violent headaches which came on at least every 24 hours.
Note: Atty. fees not to be fixed; Bd. evaluation protects applicant, encourages representation.
Citation: 75 Cal.App.2d 547, 11 CCC 204
WCC Citation: WCC 27171946 CA
1706 Results Page 14 of 171