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Case Law Library



 
Case Name: Tri-Spur Investments v. SCIF 09/16/1996
Summary: Dissatisfied with the manner in which SCIF was handling the claim, Tri-Spur retained counsel who demanded that SCIF substitute him as attorney of record for Tri-Spur in the compensation proceeding. The attorney also unsuccessfully sought payment from SCIF of his fees as purported Cumis counsel for Tri-Spur. Thereafter, counsel for Tri-Spur served SCIF with a subpoena for all of SCIF's records and reports pertaining to Mason. In exchange for these promises by SCIF to defend against and pay legitimate claims, Tri-Spur has contractually given SCIF the right to investigate and settle such claims, and has promised to cooperate with and assist SCIF as requested in the investigation, settlement or defense of any claim. Thus, because SCIF has accepted the obligation to pay any benefits awarded [*10] to Mason in the compensation proceeding, Tri-Spur is not in a position of inherent conflict with SCIF.
Note: Substituting insurer for employer permitted where no conflict of interest.
Citation: 61 CCC 940
WCC Citation: WCC 24961996 CA
 
 
Case Name: Trimas Corp., et al., v. WCAB (Rendon) 07/30/2010
Summary: TRIMAS CORPORATION et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and FRANK RENDON, Respondents. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS OPINION THE COURT Trimas Corporation (Trimas[ FN*1 ]) petitions for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB). BACKGROUND Frank Rendon was assaulted and strangled by a coworker while working as a shipping and receiving clerk for Trimas in Fresno on May 30, 2008. Trimas timely petitioned for reconsideration, which the WCAB denied by opinion on March 22, 2010. The WCJs report and recommendation to the WCAB is also lacking as an exhibit to the petition.
Note: An employer failed to preserve its utilization review argument for appeal, according to an unpublished decision from California's 5th District Court of Appeal.
Citation: F060040
WCC Citation: WCC 36532010 CA
 
 
Case Name: Tristan v. California Dept of Corrections and Rehabilitation 10/29/2012
Summary: TRISTAN v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION DAVID P. TRISTAN, JR. , Plaintiff and Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION et al. , Defendants and Respondents. INTRODUCTION David P. Tristan, Jr. , a parole agent for the California Department of Corrections and Rehabilitation (the Department), sued the Department and several of his supervisorsMichael Ayala, A. J. Garcia, and Maritza Rodriguez. According to Tristan, the parolee attempted to evade arrest and assaulted Tristan while attempting to flee. Tristan supported his opposition with a lengthy declaration in which he set forth in detail his numerous grievances against respondents. Tristan also requested that the trial court take judicial notice of various documents, including numerous provisions from the Department's operation manual.
Note: The California Department of Corrections was entitled to the summary dismissal of a parole agent's claims that his supervisors had discriminated against him after he suffered two work-related knee injuries.
Citation: D060285
WCC Citation: WCC 39462012 CA
 
 
Case Name: Tucker v. WCAB 01/07/1975
Summary: MANTYE TUCKER, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, JOHN MUIR HOSPITAL et al. , Respondents (Opinion by Christian, J. , with Caldecott, P. J. , and Rattigan, J. , concurring. )OPINION CHRISTIAN, J. Petitioner received compensation of $7,250 for an industrial injury pursuant to an award which had been issued on September 14, 1973. On October 19, 1973, petitioner demanded payment of the $14. 02; on November 28, 1973, Argonaut paid the interest. Respondent board has refused to assess a 10 percent penalty for late payment of the $14. 02 interest. Interest should always be computed and paid with the payment of the principal award absent special circumstances.
Note: Failure of carrier to take administrative measures to compute and pay interest on every award was not to be disregarded as de minimis.
Citation: 44 Cal.App.3d 330
WCC Citation: WCC 26181975 CA
 
 
Case Name: Tung Tran v. Zhi Qiang Luo 11/15/2011
Summary: TUNG TRAN v. ZHI QIANG LUO TUNG TRAN, Plaintiff and Respondent, v. ZHI QIANG LUO, Defendant and Appellant. NOT TO BE PUBLISHED IN OFFICIAL REPORTS SIMONS, J. Appellant Zhi Qiang Luo appeals from the trial court's injunctive relief order (Code Civ. Proc. , § 527. 8)*fn1 protecting respondent Tung Tran and Tran's employees from violence and threats of violence by appellant. The petition alleged that, on December 24, 2010, after respondent terminated appellant's employment, appellant threatened to kill respondent and his employees. The trial court issued the TRO and an order to show cause why the requested injunction should not issue.
Note: A California appellate court affirmed an injunction barring a former employee from making violent threats against his employer, and forcing him to stay away from his former co-workers.
Citation: A131589
WCC Citation: WCC 38272011 CA
 
 
Case Name: Tverberg et al. v. Fillner Construction 01/26/2012
Summary: Ct. No. FCS028210) The trial court granted summary judgment to respondent Fillner Construction, Inc. (Fillner), and dismissed the personal injury action of appellants Jeffrey and Catherine Tverberg. Tverberg had more than 20 years experience in structural steel construction and held a state contractors license under the name of J. T. Constructiona sole proprietorship consisting exclusively of Tverberg. Tverberg alleged causes of action for negligence and premises liability; Catherine Tverberg pled a cause of action for loss of consortium. (Tverberg v. Fillner Construction, Inc. (2011) 193 Cal. App. 4th 1121, review granted July 13, 2011, S192804. )Third, the Tverbergs claim that the affirmative contribution is demonstrated by evidence that Fillner failed to cover the holes after Tverberg twice asked Fillner to do so.
Note: A self-employed independent contractor can sue a general contractor under a theory of negligent exercise of retained control.
Citation: A120050
WCC Citation: WCC 38492012 CA
 
 
Case Name: Tverberg v. Fillner Construction (1st DCA decision) 02/24/2011
Summary: Fillner contracted with subcontractor Lane Supply, which delegated the work to subcontractor Perry Construction, Inc. (Perry). Tverberg had more than 20 years' experience in structural steel construction and held a state contractor's license under the name of J. T. Constructiona sole proprietorship consisting exclusively of Tverberg. Finding that Fillner had established a complete defense to the Tverbergs' action, the trial court entered judgment for Fillner in November 2007. Third, the Tverbergs claim that the affirmative contribution is demonstrated by evidence that Fillner failed to cover the holes after Tverberg twice asked Fillner to do so. (Tverberg v. Fillner Construction, Inc. (2010) 49 Cal. 4th 518 (Tverberg). )
Note: Eight months after the California Supreme Court told a self-employed independent contractor that he could not sue a general contractor on a theory of vicarious liability, the 1st District Court of Appeal has now allowed Jeffrey Tverberg to sue the same general contractor under a theory of direct liability.
Citation: A120050-2
WCC Citation: WCC 37202011 CA
 
 
Case Name: Tverberg v. Fillner Construction (CA Supreme Court) 06/28/2010
Summary: JEFFREY TVERBERG et al. , Plaintiffs and Appellants, v. FILLNER CONSTRUCTION, INC. , Defendant and Respondent. To do that work, Fillner hired subcontractor Lane Supply, which delegated the work to subcontractor Perry Construction Company, which then hired plaintiff independent contractor Jeffrey Tverberg as foreman of Perry's two-man canopy-construction crew. Tverberg, who had more than 20 years' experience in structural steel construction, held a state contractor's license under the name J. T. Construction, a sole proprietorship consisting exclusively of Tverberg. Although subcontractor Perry paid Tverberg on an hourly basis, it is undisputed that Tverberg was not Perry's employee but an independent contractor. Tverberg then sued general contractor Fillner and subcontractor Perry, which had hired Tverberg, seeking damages for physical and mental injuries and lost income under theories of negligence and premises liability.
Note: A self-employed independent contractor cannot sue a general contractor for work-related injuries under a theory of vicarious liability.
Citation: S169753
WCC Citation: WCC 36442010 CA
 
 
Case Name: Twen. Cent.-Fox Film Corp. v. WCAB 04/11/1983
Summary: TWENTIETH CENTURY-FOX FILM CORPORATION, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and KEVIN CONWAY, Respondents. The applicant was then involved in a minor traffic accident, and on the same day his screenplay was rejected by the story department. Dr. Alfred Bloch, a psychiatrist reporting on behalf of the applicant, diagnosed the applicant's psychiatric condition as: '1. Conway provides an extremely complex history of events in the course of his employment at 20th Century Fox Studios. [141 Cal. App. 3d 782] 'Apparently, Mr. Conway worked fairly consistently for Ralphs Supermarkets prior to employment in the film industry.
Note: Judge erred by not discussing basis of opinion as to an employee's psychiatric injury.
Citation: 141 Cal.App.3d 778
WCC Citation: WCC 24831983 CA
 
 
Case Name: Tyler v. WCAB 07/15/1997
Summary: BERNARD TYLER, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, METROPOLITAN LIFE INSURANCE COMPANY et al. , Respondents. OPINION HASTINGS, Acting P. J. - Facts Bernard Tyler (applicant) was employed by Metropolitan Life Insurance Company (employer) in April 1988 in its Pittsburgh, Pennsylvania office. The Workers' Compensation Appeals Board (WCAB or Board) adopted the WCJ's reasons for his decision in a two-page order denying reconsideration. Discussion Labor Code sections 5701 and 5906 authorize the WCJ and WCAB to obtain additional evidence, including medical, at any time during the proceedings. A WCAB decision reported in the California Workers' Compensation Reporter is a properly citable authority, especially as an indication of contemporaneous interpretation and application of workers' compensation laws.
Note: WCJ cannot appoint an IME; Board empowered to obtain additional evidence to determine benefits.
Citation: 56 Cal.App.4th 389
WCC Citation: WCC 3771997 CA
 
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