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Case Law Library

Case Name: Stress Care, Inc. v. WCAB 06/20/1994
Summary: STRESS CARE, INC. , et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD, NELSON DYEING AND FINISHING et al. , Respondents. We conclude that, because Dr. Moradi and Stress Care are not physicians, the WCJ erred in finding that they violated Labor Code section 4628. The report was prepared on the letterhead of Stress Care, Inc. , a corporation solely owned by Dr. Moradi. A clinical psychologist at Stress Care later prepared a report regarding psychological tests given to Mr. Macias. Both reports were submitted in Mr. Macias's workers' compensation proceeding, and Stress Care filed a lien claim in the amount of $4,830.
Note: 4628 requirements/penalties do not apply if not a 'physician'.
Citation: 26 Cal.App.4th 909
WCC Citation: WCC 3991994 CA
Case Name: Strong v. City & County of San Francisco 10/26/2005
Summary: WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. SFO 0479038 OPINION AND DECISION AFTER RECONSIDERATION (EN BANC) JACK C. STRONG, Applicant, vs. CITY & COUNTY OF SAN FRANCISCO, Permissibly Self-Insured, Defendant(s). BACKGROUND Jack C. Strong (applicant) sustained a series of industrial injuries while employed as a stationary engineer by the City and County of San Francisco (defendant). On December 8, 1999, a stipulated award issued, which found that this left knee injury caused permanent disability of 34-œ%. Applicant had another industrial injury on February 12, 1999, to his left shoulder, left knee, left ankle, and right wrist. At that time, the Legislature adopted former section 4750, whose language was substantially similar to the 1929 law, supra.
Note: Apportionment for permanent disabilities to the same body region required only where the applicant fails to disprove overlap.
Citation: 70 CCC 1460
WCC Citation: WCC 31292005 CA
Case Name: Suarez v. Pacific Northstar Mechanical, Inc. 12/18/2009
Summary: IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR No. A121349 December 18, 2009 MIGUEL SUAREZ ET AL. , PLAINTIFFS AND APPELLANTS, v. PACIFIC NORTHSTAR MECHANICAL, INC. FACTUAL AND PROCEDURAL BACKGROUND In January 2005, appellants Miguel Suarez and Luis Avila were working for a construction company called All Bay Contractors, Inc. (All Bay). All Bay hired respondent Pacific Northstar Mechanical, Inc. (PNM) as a subcontractor to install only the heating, ventilation, and air conditioning (HVAC) components of the project. Unbeknownst to Suarez, the light fixture that was hanging from the I-bolt he grabbed was the ungrounded fixture. When Suarez grabbed the I-bolt, he immediately received an electric shock, fell off the ladder, and landed on Avila, resulting in injuries to both men.
Note: Cal-OSHA statutes created a statutory duty of care for a subcontractor to warn a general contractor about a dangerous electric hazard that caused two workers to suffer severe injuries.
Citation: A121349
WCC Citation: WCC 35872009 CA
Case Name: Subsequent Injuries Fund v. Industrial Accident Commission and Lois A. Patterson 05/29/1952
Summary: 2d 83; 244 P. 2d 889 May 29, 1952 SUBSEQUENT INJURIES FUND OF THE STATE OF CALIFORNIA, PETITIONER, v. INDUSTRIAL ACCIDENT COMMISSION AND LOIS A. PATTERSON, RESPONDENTS PROCEEDING to review an order of the Industrial Accident Commission awarding compensation for personal injuries. Schauer [39 Cal2d Page 84] The Issues Involved The Subsequent Injuries Fund of the State of California seeks review of an award of the Industrial Accident Commission. The Industrial Accident Commission is to fix and award the amount of the last mentioned special additional compensation, and to direct the State Compensation Insurance Fund to pay it out of funds appropriated for the purpose. reimburse himself" for the cost of investigations, medical examinations, etc. , out of the Subsequent Injuries Fund. May 26, 1950: Employe served on the attorney general and filed application for adjustment of claim which joined the Subsequent Injuries Fund as a defendant.
Note: The disputed claim is covered by section 5410 and is not barred.
Citation: 39 Cal. 2d 83
WCC Citation: WCC 33601952 CA
Case Name: Sullivan v. City of Huron et al. 03/28/2012
Summary: DOUGLAS P. SULLIVAN et al. , Plaintiffs and Appellants, v. CITY OF HURON et al. , Defendants and Respondents. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS OPINION CORNELL, J. Appellant Douglas P. Sullivan, a Fresno County deputy sheriff, and Michael Lyons, a police officer with the City of Huron (City), both responded to an office burglar alarm. Lyons released City's K-9 police dog to search for the burglar, but the dog attacked and injured Sullivan. FACTUAL AND PROCEDURAL SUMMARY The complaint alleges that Fresno County Deputy Sheriff Manuel Flores and Sullivan responded to an audible burglary alarm at an office building near the City of Huron in Fresno County. The dog left the building through the shattered glass door on the south wall and viciously attacked Sullivan, inflicting permanent injuries.
Note: A deputy sheriff could not recover in tort for injuries inflicted by a police dog which attacked him while he was searching a burglarized building for intruders.
Citation: F061294
WCC Citation: WCC 38812012 CA
Case Name: Sullivan's Stone Factory v. SCIF 05/20/2009
Summary: IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO SULLIVAN'S STONE FACTORY, INC. , Plaintiff and Appellant, v. STATE COMPENSATION INSURANCE FUND et al. , Defendants and Respondents. Plaintiff Sullivan's Stone Factory, Inc. (Sullivan) acquired all of the assets of Cortima Co. (Cortima) at a tax lien sale. knew that Cortima had a high Experience Modification rating, because SCIF was providing worker's compensation insurance to Cortima . "Plaintiff had already acquired Cortima's assets at the time it applied for and obtained workers' compensation insurance from [SCIF]. However, as we also held in part III. C, ante, Sullivan did adequately allege that SCIF violated Insurance Code sections 330 through 339.
Note: [Unpublished] Under a long line of case law, a defendant can be liable for failing to disclose information that is a matter of public record, provided the defendant's access to that information is superior to the plaintiff's access. Also, had information been disclosed to Plaintiff, it could have avoided being subject to prior owner's claims history by opting to self-insure or by promptly firing any of its employees who used to work for prior owner. It can't be said, as a matter of law, that Plaintiff could not have relied on the nondisclosure of publicly accessible information.
Citation: E045493
WCC Citation: WCC 35252009 CA
Case Name: Sully-Miller Contracting Co. v. WCAB 07/03/1980
Summary: SULLY-MILLER CONTRACTING COMPANY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and HAROLD A. SOMMER, Respondents. The important thing is that he not be given the false notion that he will be doing himself harm by doing physical activity. He should be reassured that the more he ignores the pain, the more quickly it will diminish and be less of a problem. 'According to Sommer, the operation of heaving construction equipment requires use of the arms and upper torso and this exacerbates his symptoms. In the proceedings directly under review, Sully-Miller sought reopening of Sommer's case in order to reduce the permanent disability award.
Note: Case reopened after surveillance film showed empoyee doing work.
Citation: 107 Cal.App.3d 916
WCC Citation: WCC 25961980 CA
Case Name: Summers v. Newman 07/08/1999
Summary: RICK B. SUMMERS et al. , Plaintiffs and Appellants, v. HERBERT F. NEWMAN et al. , Defendants; A. TEICHERT & SON, INC. , Intervener and Respondent. Facts In September 1992, while driving a truck in the course of his employment for A. Teichert & Son, Inc. (Teichert), Rick B. Summers was severely injured in a head-on collision with another truck. Teichert intervened in the action seeking reimbursement for the workers' compensation benefits it had provided to Summers. 2 and to give the employee an opportunity to recover personal injury damages in excess of the reimbursable compensation costs. Third, the employee receives any balance remaining from the settlement proceeds after payment of litigation costs and reimbursable compensation costs.
Note: Employer and/or carrier must deduct attorney's fees from prop. share of third party settlement.
Citation: 20 Cal.4th 1021
WCC Citation: WCC 24511999 CA
Case Name: Sumner v. WCAB 06/02/1983
Summary: BONNIE L. SUMNER, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, PFIZER, INC. , et al. , Respondents (Opinion by Grodin, J. , expressing the unanimous view of the court. )In the 13 years since Johnson was decided, the WCAB has failed to comply with our directive. Facts Petitioner and applicant Bonnie L. Sumner (hereinafter applicant) is the widow of Charles G. Sumner (employee) who died of a respiratory disease on March 23, 1980, at the age of 64. An order approving the compromise and release, as required by WCAB rules (Cal. Paragraph 11 of WCAB form 15 -- which must be used in a compromise and release agreement (Cal.
Note: A worker may compromise death benefits of his survivors.
Citation: 33 Cal.3d 965
WCC Citation: WCC 25591983 CA
Case Name: Sun Indem. Co. v. Industrial Accident Comm'n 01/07/1926
Summary: TYLER, P. J. Certiorari to review an award of the Industrial Accident Commission in allowing compensation for injuries to one W. R. Doolittle, who, on the evening of February 18, 1925, was injured in an automobile accident. Round, proprietors of a general store at Costa Mesa, California, of whom petitioner is the insurance carrier, to manage their meat department. His hours of labor were from 7 A. M. to 6 or 6:15 in the evening. Part of his duties consisted in the buying of meats and in this connection he was vested with certain discretion. He was thrown through the windshield and suffered multiple lacerations of both hands, which injuries were of a serious nature.
Note: Evidence supports finding that employee was injured in course and scope of employment.
Citation: 76 Cal.App. 165
WCC Citation: WCC 30432026 CA
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