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Case Law Library



 
Case Name: Tomlin v. WCAB 05/16/2008
Summary: We granted Officer Tomlin's petition for a writ of review, and we now annul the WCAB's decision denying Officer Tomlin benefits. In addition, Officer Tomlin is an instructor in defense tactics, both for SWAT and for other BHPD police officers. Officer Tomlin otherwise maintains his physical fitness by running, bicycle riding, and weight lifting with other SWAT team members outside of work. The injury required surgery and kept Officer Tomlin out of work until March 16, 2006, when he was able to resume work with modified duties. The issue is not whether Officer Tomlin enjoyed running, or whether Officer Tomlin would be covered by workers' compensation if he had been injured while running solely for pleasure.
Note: Claimant was required by his employer to maintain physical fitness and pass annual, mandatory physical fitness tests. He was injured when he slipped on a sidewalk while on a three-mile training run for his employer-mandated physical fitness test. Under the facts of this case, claimant's injury is compensable pursuant to section 3600, subdivision (a)(9).
Citation: B199429
WCC Citation: WCC 33612008 CA
 
 
Case Name: Toohey v. WCAB 05/04/1973
Summary: No. 40762 May 4, 1973 THOMAS R. TOOHEY, SR. , PETITIONER, v. WORKMEN'S COMPENSATION APPEALS BOARD AND PABST BREWING COMPANY, RESPONDENTS Brundage & Roseman and Harvey Reichard for Petitioner. On the date of his injury, petitioner was employed by the Pabst Brewing Company. He prepared the bulletin which stated: "Any employee leaving his job during working hours must obtain permission from his supervisor. The consideration that apparently concerned the board is that Toohey left the premises and incurred a type of risk that was not inherent in his work as a bottler. In the present case, the evidence is that the acts of Toohey, although not encouraged, would be tolerated.
Note: Because act of leaving for lunch was tolerated, injury while off premises is compensable.
Citation: 32 Cal. App. 3d 98
WCC Citation: WCC 30551973 CA
 
 
Case Name: Torres vs. Parkhouse Tire Service 08/30/2001
Summary: MANUEL TORRES et al. , Plaintiffs and Appellants, v. PARKHOUSE TIRE SERVICE, INC. , et al. , Defendants and Respondents. Manuel Torres worked for Parkhouse Tire Service, Inc. (Parkhouse), repairing and installing tires. Roy Naas, a sales representative for Parkhouse, approached Torres from behind while he was on his knees working on a tire. 2 Suffering a back injury, Torres did not return to work for Parkhouse. Torres and his wife (plaintiffs) sued Parkhouse and Naas seeking damages for personal injury and loss of consortium.
Note: In civil action against another employee, injured worker must prove intent to injure.
Citation: 26 Cal.4th 995
WCC Citation: WCC 28202001 CA
 
 
Case Name: Torretta v. Naltsas 09/15/2010
Summary: Plaintiff and appellant John L. Torretta (Torretta) appeals from a judgment entered following the trial court's order granting the motion of summary judgment filed by defendant and respondent Steven Naltsas, M. D. (Naltsas). Torretta was referred to Naltsas by Dr. Rocco Fussello, his primary care physician, for treatment of his psoriasis. From 2005 through 2006, Naltsas tried several medications to treat Torretta's psoriasis, but Torretta continued to suffer psoriasis flare-ups. B. Torretta Injures His Hip at Work On February 14, 2007, Torretta, a finish carpenter, was working for CBS Studios (CBS) in its production shop. Specifically, Naltsas claimed that Torretta was aware of the possible link between his avascular necrosis and the steroid injections given by Naltsas by May 2007, when Torretta saw Dr. Fell.
Note: A one-year statute of limitations barred a carpenter's suit against his private treating dermatologist, because he waited too long to file the suit after his workers' compensation physicians told him that his corticosteroid injections caused his severe hip condition, the 2nd District Court of Appeal ruled.
Citation: B219421
WCC Citation: WCC 36682010 CA
 
 
Case Name: Transactron, Inc. v. WCAB (Spears) 03/18/1977
Summary: The women's rest room was located near the end of the passageway extending from the lobby in a work area confined to employees. The door to the rest room was marked, but from the lobby would appear to a person as just another door. The corridor leading to the rest room was private and would not ordinarily be used by uninvited persons. (1960) 25 Cal. Comp. Cases 194, and Howard v. W. C. A. B. (1966) 31 Cal. Comp. Cases 358. Cases 194; Howard v. W. C. A. B. , supra, 31 Cal. Comp. Cases 358; Morgan v. W. C. A. B. (1971) 36 Cal. Comp. Cases 325; Madin v. Industrial Acc.
Note: The role of employment in an act of violence is inconsequential when it merely provides a place where the assailant can find the victim.
Citation: 68 Cal.App.3d 233
WCC Citation: WCC 31171977 CA
 
 
Case Name: Transportation Ins. Co. v. WCAB 09/25/1997
Summary: Transportation Insurance Company, Petitioner v. Workers' Compensation Appeals Board, State Compensation Insurance Fund, Sharon Avery, Respondents. At that time, TRW was insured by the Transportation Insurance Co. (Transportation). Transportation Insurance Co. and Applicant C&R'd the first injury and Applicant requested vocational rehabilitation services. Transportation contended there was no statutory, regulatory, or case law establishing SCIF's right for reimbursement; therefore, the WCAB had no jurisdiction over the contribution petition. Additionally, Transportation claimed that the WCAB had no jurisdiction because the RU had not approached the issue of contribution.
Note: WCAB has jurisdiction over contribution, reimbursement disputes between insurers.
Citation: 62 CCC 1469
WCC Citation: WCC 26381997 CA
 
 
Case Name: Travelers Indemnity Co. v. WCAB 09/27/2007
Summary: Filed 9/27/07 Travelers Indemnity Co. v. WCAB CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8. 1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8. 1115(b). As we will explain, we agree with petitioner Travelers Indemnity Company of Illinois (Travelers) that the 2005 schedule governs. Accordingly, we will annul the WCAB's order granting Bryer's petition for reconsideration and direct the WCAB to reinstate the WCJ's decision. Subdivision (a) of section 4061 provides that "[t]ogether with the last payment of temporary disability indemnity, the employer shall . Thus, we are concerned only with whether Travelers was required to provide Bryer with the section 4061 notice before January 1, 2005. .
Note: [Unpublished] Because the petitioner was not required to provide the section 4061 notice to injured employee as of January 1, 2005, the 2005 table must be used to determine the extent of the employee's permanent disability, and the WCAB erred in concluding otherwise.
Citation: C055329
WCC Citation: WCC 32622007 CA
 
 
Case Name: Travelers Indemnity Co. v. WCAB (Morales) 07/19/2011
Summary: The Arbitrator however denied Travelers' claim that CIGA's recovery was also barred under the doctrine of Equitable Estoppel. Travelers, which provided workers' compensation to Linear Technology, was joined as a party defendant on June 11, 2009. Mr. Ganio testified that Travelers has been "going paperless," but he was unable to locate the policy in the "electronic warehouse. "In finding CIGA was barred by laches from seeking recovery from Travelers, the Arbitrator found Travelers had established that CIGA had unreasonably delayed joining Travelers, which caused prejudice to Travelers. The Arbitrator concluded that the delay in joining Travelers precluded Travelers from engaging in discovery to resolve issues of liability.
Note: The California Supreme Court denied review to a panel decision that rejected an insurer's defense to a California Insurance Guarantee Association reimbursement claim.
Citation: ADJ2141542
WCC Citation: WCC 37832011 CA
 
 
Case Name: Travelers Ins. Co. v. IAC (Grace) 03/15/1966
Summary: THE TRAVELERS INSURANCE COMPANY, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, ALBERT L. GRACE et al. , Respondents. However, pursuant to the requirements of the Alaska workmen's compensation law, Travelers paid the following: For temporary disability $9,271. 42; for permanent partial disability $4,698; and for medical expenses $8,198. 40, making a total of $22,167. 82. On November 2, 1964, after receipt of the above mentioned benefits, the applicant filed a claim with the Industrial Accident Commission of California against the employer and Travelers. Travelers contended that its policy covered only claims under the Alaska law and submitted a lien claim for the amounts paid out by it. [3] The Travelers policy was filed with the commission and is contained in the record.
Note: Award annulled b/c policy did not provide coverage in CA.
Citation: 240 Cal.App.2d 804
WCC Citation: WCC 26281966 CA
 
 
Case Name: Travelers Ins. Co. v. WCAB 12/17/1982
Summary: TRAVELERS INSURANCE COMPANY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, DEPARTMENT OF INDUSTRIAL RELATIONS et al. , Respondents. Petitioner, Travelers Insurance Company (Travelers), is the workers' compensation carrier for Lee's employer. Travelers was not a party to said stipulation, as under Tessler, it is mere stakeholder. Travelers' petition for reconsideration was denied by the WCAB. Thus, Travelers requests that we disagree with the decision of another division of this court.
Note: Since a person entitled to a dependency death benefit survived, award is annulled.
Citation: 138 Cal.App.3d 244
WCC Citation: WCC 24621982 CA
 
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