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Case Law Library

Case Name: Weber v. UPS 04/03/2003
Note: No civil liability of employer for injuries from failure to diagnose condition that should have been detected on required med exam.
Citation: 107 Cal.App.4th 801, 132 Cal.Rptr.2d 412
WCC Citation: WCC 29262003 CA
Case Name: Webinger v. WCAB 11/21/1975
Note: S.I.F. was entitled to a credit for payments for a non-service connected disability which pre-existed injury.
Citation: 40 CCC 714
WCC Citation: WCC 25181975 CA
Case Name: Weerasinghe v. Gates, McDonald and Co. 05/14/2010
Note: A former claims examiner did not have enough evidence to substantiate a variety of retaliation, discrimination, and wrongful termination claims after her employer fired her for poor performance.
Citation: A124847
WCC Citation: WCC 36242010 CA
Case Name: Weiner v. Ralphs Co., et al. (Order Denying Reconsideration) 08/17/2009
Note: The WCAB determined that the applicant's right to retroactive vocational rehabilitation maintenance allowance never vested. The WCAB also explained that it lacks the authority to declarea statute unconstitutional.
Citation: ADJ347040
WCC Citation: WCC 35542009 CA
Case Name: Weiner v. Ralphs Company 06/11/2009
Note: [En Banc] The repeal of section 139.5 terminated any rights to vocational rehabilitation benefits or services pursuant to orders or awards that were not final before January 1, 2009, including those pending on or after that date, and effective January 1, 2009, the WCAB lost jurisdiction over non-vested and inchoate vocational rehabilitation claims, but the WCAB continues to have jurisdiction under sections 5502(b)(3) and 5803 to enforce or terminate vested rights.
Citation: ADJ347040
WCC Citation: WCC 35332009 CA
Case Name: Weinstein v. St. Mary's Med. Cntr. 10/30/1997
Note: Exclusive remedy only applies when duty arises from employment relationship.
Citation: 58 Cal.App.4th 1223
WCC Citation: WCC 24181997 CA
Case Name: Weisdorf-Mahserjian v. Serco, Inc. 03/06/2009
Note: A trial court correctly awarded one-fourth of a plaintiff's request for attorney fees in a Fair Employment and Housing Act suit because she only prevailed on one of her five causes of action.
Citation: B206243
WCC Citation: WCC 35032009 CA
Case Name: Welch v. CSTRB 01/31/2012
Note: The California State Teachers' Retirement Board needs to consider whether misinformation prevented an injured teacher from prevailing on her disability retirement claim.
Citation: C062517
WCC Citation: WCC 38512012 CA
Case Name: Welcher, Strong, Lopez, & Williams v. WCAB 08/31/2006
Note: The Legislature did not intend to alter the old apportionment method with the 2004 amendments.
Citation: 142 Cal. App. 4th 818
WCC Citation: WCC 31782006 CA
Case Name: Western Growers Ins. Co. v. WCAB (Austin) 06/01/1993
Note: Liability for a CT runs from year preceding DOI or last exposure, whichever occurs first.
Citation: 16 Cal.App.4th 227
WCC Citation: WCC 4101993 CA
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