Case Name:	Entin v. Superior Court of LA County		08/20/2012
Summary:	ENTIN v. SUPERIOR COURT OF LOS ANGELES COUNTY ALLEN M. ENTIN, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Real Party in Interest. Entin filed a petition for writ of mandate seeking an order directing the superior court to grant his request for a jury trial. We issued an order to show cause and now conclude that the trial court erred in denying Entin a jury trial. Entin filed a petition for writ of mandate seeking an order from this court directing the superior court "to vacate its order . Although the California Supreme Court acknowledged that the insurer had not appealed the jury trial issue, the court concluded that the trial court had properly decided the issue, explaining: "The general rule is .
Note:	A physician who claimed to be totally disabled by migraine headaches was entitled to a jury trial for his coverage dispute with his disability insurance carrier.
Citation:	B239642
WCC Citation:	WCC 39232012 CA

Case Name:	Erickson v. Southern California Permanente Medical Group/Kaiser Permanente		12/28/2006
Summary:	WORKERS' COMPENSATION APPEALS BOARD, STATE OF CALIFORNIA CARYL ERICKSON, Applicant, vs. SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP/KAISER PERMANENTE, Permissibly Self-Insured, Defendant(s). POM 0246580 POM 0246582 OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, Southern California Permanente Medical Group/Kaiser Permanente, seeks reconsideration of the Amended Findings and Award issued by the workers' compensation administrative law judge (WCJ) on November 16, 2006. Dr. Lobley found that applicant's neck disability precluded her from substantial work, from heavy lifting, and from work above shoulder level. Further, the WCJ concluded that applicant's conclusively existing low back disability overlaps (and is subsumed by) her current neck and fibromyalgia disability. Thus, Dykes applied a variant of the "formula C" that the California Supreme Court had considered (and rejected) in Fuentes v. Worker's Comp.
Note:	Applicant's stipulated award of 25% permanent disability shall be apportioned in accordance with Labor Code section 4664, but the calculation of the amount of permanent disability indemnity due after apportionment is deferred.
Citation:	72 CCC 103
WCC Citation:	WCC 32022006 CA

Case Name:	Ervin v. Estate of Beck		07/10/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE ROLAND ERVIN, Plaintiff and Appellant, v. ESTATE OF JOHANNA LITTLE BECK et al. , Defendants and Respondents. SUMMARY Roland Ervin, representing himself, obtained the default of two persons, William Little Jr. and the Estate of Johanna Little-Beck, in this action. Also, in an Orange County probate proceeding involving the Estate of Johanna Little-Beck, Ervin has file creditor's claims. The defendants included Johanna Little-Beck, The Cary Beck Land Trust, Robert C. Beck (Estate of), and Freda A. Wyckoff. It also appears that Ervin has taken the default of both William D. Little Jr. and the Estate of Johanna Little-Beck.
Note:	[Unpublished] The proper course of action, given the default setting, was not outright dismissal with prejudice, but a stay, so as to allow Ervin a chance to amend his complaint.
Citation:	G039060
WCC Citation:	WCC 33952008 CA

Case Name:	Escobedo v. Marshalls; CNA Ins. Co.		04/18/2005
Summary:	With regard to apportionment, Dr. Ovadia stated: "Ms. Escobedo's left knee residuals are directly related to the October 28, 2002 injury. Section 4663 as amended by SB 899 provides: "(a) Apportionment of permanent disability shall be based on causation. "(c) In order for a physician's report to be considered complete on the issue of permanent disability, it must include an apportionment determination. "(d) An employee who claims an industrial injury shall, upon request, disclose all previous permanent disabilities or physical impairments. "In this case, however, there is no assertion that applicant's preexisting arthritis was exacerbated or accelerated by her industrial injury.
Note:	Steps to apply apportionment under SB 899.
Citation:	70 CCC 604 (2005)
WCC Citation:	WCC 30942005 CA

Case Name:	Espejo v. The Copley Press, Inc. Part 1/3		07/07/2017
Summary:	Filed 7/7/17 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA .              LILIANA ESPEJO et al. , Plaintiffs and Appellants, .             v. .              THE COPLEY PRESS, INC. , Defendant and Appellant. .              D065397 .              (Super. .            The case was tried to the court in May and June of 2013. .            Plaintiffs' lead counsel and associate counsel filed separate motions for attorney fees under section 1021. 5 and section 2802. [¶] .
Note:
Citation:	D065397
WCC Citation:	Super. Ct. Nos. 37-2009-00082322-CU-OE-CTL, 3

Case Name:	Espejo v. The Copley Press, Inc. Part 2/3		07/07/2017
Summary:	The court suggested that the threshold issue of whether the carriers were employees or independent contractors was a jury question. And I would like to see us avoid second shot [i. e. , jury trial], and I think you would too. ", and we have a little more flexibility on how to do it because we've done this a few times. ".            Section 2802, subdivision (a) requires an employer to indemnify its employees for all necessary expenditures they incur in discharging their duties. .          UT asserts that business expenses under section 2802 are not recoverable as restitution under section 17200.
Note:
Citation:	D065397
WCC Citation:	Super. Ct. Nos. 37-2009-00082322-CU-OE-CTL,

Case Name:	Espejo v. The Copley Press, Inc. Part 3/3		07/07/2017
Summary:	The value of legal services performed in a case is a matter in which the trial court has its own expertise. The trial court may make its own determination of the value of the services contrary to, or without the necessity for, expert testimony. '(Ketchum v. Moses (2001) 24 Cal. 4th 1122, 1132 (Ketchum), citing Serrano v. Priest (1977) 20 Cal. 3d 25, 49 (Serrano III). )The Ketchum court noted that the lodestar "may be adjusted by the court based on [those] factors . It should also consider the degree to which the relevant market compensates for contingency risk, extraordinary skill, or other factors under Serrano III.
Note:
Citation:	D065397
WCC Citation:	Super. Ct. Nos. 37-2009-00082322-CU-OE-CTL, 3

Case Name:	Espinoza v. County of Orange		02/09/2012
Summary:	ESPINOZA v. COUNTY OF ORANGE RALPH ESPINOZA, Plaintiff and Appellant, v. COUNTY OF ORANGE, Defendant and Appellant. Defendant County of Orange appeals from a judgment in favor of its employee, plaintiff Ralph Espinoza, in his action for harassment based on disability and failure to prevent harassment under the California Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq. Plaintiff began working for the Orange County Probation Department (department) in July 1996 when he was in his 30's. It also ain't run by O. C. E. A. ," the last presumably referring to the Orange County Employees Association. In Mokler v. County of Orange (2007) 157 Cal. App. 4th 121 we held the alleged sexual harassment of plaintiff was not sufficiently pervasive or severe to sustain a judgment under FEHA.
Note:	A California appellate court affirmed an $820,700 disability harassment award for an Orange County juvenile probation officer on Thursday, after concluding that the trial court rightfully considered hurtful comments that were posted on a co-worker's blog.
Citation:	G043067
WCC Citation:	WCC 38562012 CA

Case Name:	Espinoza v. WCAB (Los Angeles County Jail)		02/05/2013
Summary:	ESPINOZA v. WORKERS' COMPENSATION APPEALS BOARD STEWART ESPINOZA, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and LOS ANGELES COUNTY JAIL, Respondents. On January 17, 2012, the Workers' Compensation Appeals Board (WCAB) found that petitioner Stewart Espinoza, while an inmate of the Los Angeles County Men's Central Jail, was not an employee of the County of Los Angeles (County) at the time that he was injured while working as a cook in the jail, and that he was therefore not eligible for workers' compensation benefits. The solution to this problem was the enactment in 1970 by the Los Angeles County Board of Supervisors of an order, referred to hereafter as Order #91, which provides that persons confined in the county jail may be compelled to perform labor under the direction of a county official. Facts Prior to the trial before the workers' compensation administrative law judge (WCJ), Espinoza and County stipulated that Espinoza was working as a cook in the county jail on November 1, 2005 when he sustained an injury to his left shoulder. The parties also stipulated that if Espinoza was found to be County's employee, the injury arose in the course and scope of employment.
Note:	California's 2nd District Court of Appeal ruled that a Los Angeles County inmate who hurt his shoulder while working in the kitchen at the jail was not an
Citation:	B239438
WCC Citation:	WCC 39812013 CA

Case Name:	Esquivel v. WCAB		10/13/2009
Summary:	For reasons unrelated to her need for that treatment, Esquivel drove about 130 miles to her mother's home in Hesperia, in San Bernardino County. With respect to those injuries, Esquivel was insured through her employer for workers' compensation by New Hampshire Insurance Company. B. Esquivel's New Injuries and Amended Workers' Compensation Claim In May 2007*fn1 Esquivel resided in the City of San Diego. Esquivel later claimed that her motor vehicle accident injuries were a compensable consequence of her industrial injuries. The WCJ awarded Esquivel temporary disability indemnity in a specified weekly amount, plus further medical treatment.
Note:	The employer bears the risk of incurring compensability liability under the Act for an injury an employee suffers during travel to or from a medical appointment related to an existing compensable injury while the employee is traveling a reasonable distance, within a reasonable geographic area, to or from that appointment.
Citation:	D054197
WCC Citation:	WCC 35712009 CA

Case Name:	Estrada v. WCAB		11/05/1997
Summary:	OPINION CROSKEY, Acting P. J. - In this petition for writ of mandate challenging a decision of the Workers' Compensation Appeals Board (the Board or WCAB), Miguel A. Estrada (Estrada), the injured worker, requests relief from the Board's decision regarding his rights to vocational rehabilitation temporary disability (VRTD). 7 The issue of whether the parties' vocational rehabilitation provision could be enforced resurfaced in a disagreement between Estrada and defendants over whether Estrada was entitled to receive retroactive VRTD and retroactive 'maintenance allowance. '8 Defendants asserted they had properly delayed giving Estrada vocational rehabilitation benefits, including VRTD, until January 25, l994, because Estrada was examined by Dr. Endler on that [58 Cal. App. 4th 1465] day. In contrast, Estrada asserted he was entitled to VRTD retroactive to a date prior to January 25, 1994. She determined that as a QIW, Estrada was owed VRTD for the period April 17, 1990, through January 24, 1994.
Note:	Commutation allowed if good faith issue that might defeat applicant's claim for all benefits exists (Thomas finding).
Citation:	58 Cal.App.4th 1458, 62 CCC 1384
WCC Citation:	WCC 26141997 CA

Case Name:	Estrada v. WCAB		11/05/1997
Summary:	OPINION CROSKEY, Acting P. J. - In this petition for writ of mandate challenging a decision of the Workers' Compensation Appeals Board (the Board or WCAB), Miguel A. Estrada (Estrada), the injured worker, requests relief from the Board's decision regarding his rights to vocational rehabilitation temporary disability (VRTD). 7 The issue of whether the parties' vocational rehabilitation provision could be enforced resurfaced in a disagreement between Estrada and defendants over whether Estrada was entitled to receive retroactive VRTD and retroactive 'maintenance allowance. '8 Defendants asserted they had properly delayed giving Estrada vocational rehabilitation benefits, including VRTD, until January 25, l994, because Estrada was examined by Dr. Endler on that [58 Cal. App. 4th 1465] day. In contrast, Estrada asserted he was entitled to VRTD retroactive to a date prior to January 25, 1994. She determined that as a QIW, Estrada was owed VRTD for the period April 17, 1990, through January 24, 1994.
Note:	Absent express approval by WCJ in Order Approving, Thomas request inapplicable.
Citation:	58 Cal.App.4th 1458
WCC Citation:	WCC 4051997 CA

Case Name:	Evans v. Mutual of Omaha Insurance Co.		03/27/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE No. B192848 March 27, 2008 ESSIE EVANS, PLAINTIFF AND APPELLANT, v. MUTUAL OF OMAHA INSURANCE COMPANY, DEFENDANT AND RESPONDENT. Plaintiff and appellant Essie Evans (Evans) appeals a judgment following a grant of summary judgment in favor of defendant and respondent Mutual of Omaha Insurance Company (Mutual) in an action for breach of contract and bad faith arising out of Mutual's refusal to pay benefits under an accident insurance policy. Mutual further argued that regardless of what Evans now asserted, she previously had conceded before the WCAB that it was "the long lingering 'cumulative . Mutual averred that Evans was barred by judicial estoppel from now taking a legal position diametrically opposed to the position she took in another tribunal. Thereafter, Evans filed a timely notice of appeal from the judgment in favor of Mutual.
Note:	[Unpublished] Because Plaintiff has previously, and successfully, argued to another tribunal that decedent's death was due to cumulative job stress over a period of many years, Plaintiff is judicially estopped from asserting the loss of life was an 'accidental result of standing' so as to entitle her to benefits under the accidental death policy.
Citation:	B192848
WCC Citation:	WCC 33322008 CA

Case Name:	Evans v. Sunamoto		12/09/2010
Summary:	JONATHAN EVANS et al. , Plaintiffs and Respondents,v. RONALD KENT SUNAMOTO et al. , Defendants and Appellants. INTRODUCTION Appellants Ronald Kent Sunamoto (Sunamoto) and Keystone Freight Corporation (Keystone) appeal from a judgment in favor of defendants Jonathan Evans (Evans) and Travelers Property Casualty Company of America (Travelers). FACTUAL AND PROCEDURAL BACKGROUND The complaint was initially filed on February 6, 2007, in Stanislaus County by Evans. Evans alleged that he was injured in a motor vehicle accident while Sunamoto was driving in the course of his employment with Keystone. Travelers filed a complaint in intervention, seeking reimbursement of the workers' compensation benefits it had paid Evans.
Note:	A Los Angeles Superior Court was correct to deny a defense attorneys last-minute request to withdraw his waiver of a jury.
Citation:	B218630
WCC Citation:	WCC 36892010 CA

Case Name:	Evard v. Southern California Edison		07/11/2007
Summary:	Plaintiffs Daniel Evard and Christina Evard, and defendant and cross-complainant Southern California Edison (SCE), appeal from a summary judgment entered for defendants Heywood Outdoor Advertising, Inc. (Heywood) and Western Empire Industries, Inc. (Western Empire) in plaintiffs' personal injury action. FACTUAL AND PROCEDURAL HISTORY On June 23, 2004, plaintiffs Daniel Evard and Christina Evard filed a complaint against defendants SCE, Heywood, and William H. Dagg and the William H. Dagg Trust (Dagg). Before the accident, however, Evard did not tie his harness to the ladder he stood on at the top of the billboard. As Evard attempted to place a metal bar into vinyl at the corner of the billboard, he felt "zapped" and "jolted. "Costs on appeal are awarded to plaintiffs Daniel Evard and Christina Evard and defendant and cross-complainant Southern California Edison.
Note:	A nondelegable duty is a definite affirmative duty the law imposes on one by reason of his or her relationship with others. One cannot escape this duty by entrusting it to an independent contractor.
Citation:	153 Cal. App. 4th 137
WCC Citation:	WCC 32352007 CA

Case Name:	Ezra v. State of California Dep't of Health Services		09/07/2010
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN HABTNESH EZRA, Plaintiff and Appellant, v. STATE OF CALIFORNIA, DEPARTMENT OF HEALTH SERVICES et al. , Defendants and Respondents. In January of 2007, DHS filed a Form 1099 with the IRS reporting the payment of the settlement to Ezra. *fn3 The violation is identified as respondents' act of filing the Form 1099 with the IRS "in an effort to harm Ezra. "(The Capital Gold Group, Inc. v. Nortier ( 2009) 176 Cal. App. 4th 1119, 1127; see also, Leader v. Health Indus. Ezra asks this court to reinstate her claim against respondents "by returning it from a state of make-believe to its reality. "
Note:	An employer's filing of a Form 1099 with the Internal Revenue Service about a former employee's settlement was not an act of retaliation because it was a business necessity, the 2nd District Court of Appeal concluded.
Citation:	B216144
WCC Citation:	WCC 36642010 CA

Case Name:	Ezzy v. WCAB		08/19/1983
Summary:	Marilyn Ezzy (hereafter Ezzy) at all relevant times was employed by the law firm of Gassett, Perry & Frank (hereafter GPF) as a law clerk. The record of the WCAB hearing discloses that GPF participated in a softball league composed primarily of civil defense law firms. Ezzy testified that she did not volunteer but was 'drafted' to join the team. Ezzy understood there was a coed requirement, and when there appeared to be shortage of women, the female members were urged to get out and play. Ezzy stated that the firm paid for postgame pizza and other refreshments.
Note:	Law clerk injured in employer-sponsored softball game rx. believed was in course of employment.
Citation:	146 Cal.App.3d 252, 48 CCC 611
WCC Citation:	WCC 28051983 CA

Case Name:	Facundo-Guerrero v. WCAB		06/02/2008
Summary:	He filed a writ of review with this court after a Workers' Compensation Appeals Board (WCAB) decision determined that he was entitled to benefits covering only 24 chiropractic treatments, as specified by section 4604. 5(d). We reject all of these constitutional challenges to section 4604. 5(d), and affirm the decision of the WCAB. A hearing was held before a WCAB judge (WCJ) on February 16, 2007,*fn2 and an initial decision was issued on March 9. The WCAB granted reconsideration and adopted the September 5 decision of the WCJ as its own. In Costa, an electrician filed a claim for benefits with the WCAB and requested an expedited hearing because he was in " 'dire need of medical treatment, including home care. '
Note:	There is nothing unconstitutional about Labor Code section 4604.5(d). The Legislature has legal authority to enact a law limiting petitioner's right to receive chiropractic treatment.
Citation:	A119814
WCC Citation:	WCC 33772008 CA

Case Name:	Faigin v. Signature Group Holdings, Inc.		12/05/2012
Summary:	FAIGIN v. SIGNATURE GROUP HOLDINGS, INC. ALAN W. FAIGIN, Plaintiff and Appellant, v. SIGNATURE GROUP HOLDINGS, INC. , Defendant and Appellant. Signature Group Holdings, Inc. , formerly known as Fremont Reorganizing Corporation (FRC), appeals a judgment awarding Alan W. Faigin $1,347,000 in damages for breach of an implied-in-fact agreement to terminate his employment only for good cause. When the FRC board of directors considered hiring a new management group, Faigin informed the directors and major shareholders of his objections to the proposal. The new management group was formally appointed to FRC in December 2007, including a President, a Chief Executive Officer and a General Counsel replacing Faigin in those positions. FRC argued that any employment relationship between Faigin and FRC must be based on FRC's conduct rather than Fremont General's conduct.
Note:	Fremont General's former general counsel won a $1.35 million breach of employment contract suit against its successor, after an appellate court agreed that he was terminated without good cause.
Citation:	B224598
WCC Citation:	WCC 39552012 CA

Case Name:	Fain v. WCAB		11/13/2008
Summary:	Fain v. Workers' Compensation Appeals Board, No. F056026 (Cal. App. Dist. 5 11/13/2008) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT No. F056026 November 13, 2008 DIANNA FAIN, PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD AND CITY OF FRESNO POLICE DEPARTMENT, RESPONDENTS. Code, § 3212. 1. *fn2 ) Not finding sufficient basis upon which to invoke the presumption, we agree with the WCAB. BACKGROUND Bruce Fain (Fain) worked as a police officer for the City of Fresno (Fresno) from May 29, 1972, until August 17, 2006. Fain subsequently passed away and his wife pursued his workers' compensation claim. Adopting the WCJ's findings, the WCAB did not find any evidence Fain was ever exposed to a known carcinogen while working for Fresno as a police officer.
Note:	The widow of a Fresno police detective was unable to prove that her husband's fatal brain cancer arose from his work.
Citation:	F056026
WCC Citation:	WCC 34622008 CA

Case Name:	Farmer Bros. Coffee v. WCAB (Ruiz)		10/17/2005
Summary:	Federal Preemption Petitioner contends that sections 3351 and 1171. 5 have been preempted by the employment provisions of the IRCA (8 U. S. C. § 1324a). It is also a crime to knowingly accept a false immigration document for purposes of satisfying the requirements of the statute. "Article VI of the Constitution provides that the laws of the United States shall be the supreme Law of the Land; . Consideration of issues arising under the Supremacy Clause start[s] with the assumption that the historic police powers of the States [are] not to be superseded by . of Breyer, J. ; see also, Bank One Chicago, N. A. v. Midwest Bank & Trust Co. (1996) 516 U. S. 264, 277-279, fn.
Note:	Immigration status is irrelevant to the issue of liability.
Citation:	133 Cal. App. 4th 533; 35 Cal. Rptr. 3d 23
WCC Citation:	WCC 31242005 CA

Case Name:	Farmer v. Lodi Memorial Hospital Assn. Inc.		10/24/2012
Summary:	FARMER v. LODI MEMORIAL HOSPITAL ASSN. INC. SANDY FARMER, Plaintiff and Appellant, v. LODI MEMORIAL HOSPITAL ASSOCIATION, INC. , Defendant and Respondent. This appeal arises after the trial court granted defendant Lodi Memorial Hospital Association's motion for summary judgment in plaintiff Sandy Farmer's action for damages due to alleged wrongful termination. She alleged that while working for the Lodi Memorial Hospital (Hospital) she developed "a digestive disorder and in addition began suffering from depression[. ]"Farmer objected that the handbook itself had not been placed into evidence by the Hospital.
Note:	A former hospital worker's wrongful termination claim failed as a matter of law because she did not timely exhaust her administrative remedies, and she was an at-will employee.
Citation:	C068489
WCC Citation:	WCC 39452012 CA

Case Name:	Farmers Ins. Exchange vs. WCAB (Sanchez)		12/19/2002
Summary:	FARMERS INSURANCE GROUP OF COMPANIES/TRUCK INSURANCE EXCHANGE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and MICHAEL SANCHEZ, Respondents. His employer's insurer, Farmers Insurance Group of Companies/Truck Insurance Exchange, seeks a credit against the life pension in the workers' compensation action in order to satisfy the restitution order. Farmers petitioned to bar all further workers' compensation benefits pursuant to the fraud conviction, or in the alternative, for credit. Page 4} could be barred if Farmers had filed such a request within five years of the date of injury. Allowing Farmers a credit against Sanchez's lifetime pension would be tantamount to modification or compromise of the criminal restitution order We therefore decline Farmers' request.
Note:	Only particular item of fraud barred; claimant still entitled to benefits; employer cannot take credit for restitution against benefits.
Citation:	104 Cal.App.4th 684
WCC Citation:	WCC 28992002 CA

Case Name:	Farris vs. Industrial Wire et. al.		07/27/2000
Summary:	BACKGROUND Applicant sustained an admitted cumulative industrial injury to both upper extremities from September 1, 1989 through August 17, 1997, while employed by Industrial Wire Products, the insured of defendant. It also argued that, because applicant did not seek reconsideration of the Findings and Award, he had waived his right to seek additional penalties. In relevant part, the WCJ first found that applicant was entitled to a ten-percent section 4650(d) penalty "on all payments of permanent disability delayed herein. "(1979) 23 Cal. 3d 815, 826 [44 Cal. Comp. Cases 321, 328] (emphasis added); see also Avalon Bay Foods v. Worker's Comp. Thus, when "an award is readily severable into the different classes or categories of compensation as defined by the Workers Compensation Act (Lab.
Note:	5814 penalty applies to entire underlying species when failure / refusal to pay 4650 penalty.
Citation:	65 C.C.C. 824 WCAB En Banc Decision, 65 CCC 824
WCC Citation:	WCC 3592000 CA

Case Name:	Faust v. California Portland Cement Company		05/10/2007
Summary:	Ct. No. BC321660) MICHAEL FAUST, Plaintiff and Appellant, v. CALIFORNIA PORTLAND CEMENT COMPANY, Defendant and Respondent. Plaintiff and appellant Michael Faust (Faust) appeals a judgment following a grant of summary judgment in favor of his former employer, defendant and respondent California Portland Cement Company, a California corporation (Portland). Bill Buchanan, a fellow employee who was supposed to drive Faust to the work site, did not pick up Faust, requiring Faust to walk to the site. However, the issue here is not whether Faust duly requested leave -- Portland admitted Faust "provided verbal notice sufficient to make [Portland] aware he needed leave pursuant to the California Family Rights Act. "In any event, Faust presented evidence that Portland did not contact any of the persons designated by Faust and that Portland did not pursue any accommodation of Faust's disability.
Note:	Employee provided sufficient information to the employer to advise it of his need for leave pursuant to the CFRA, and that the employer did not give notice to employee of his right to leave under the CFRA, leading to the reversal of a decision in favor of the employer.
Citation:	150 Cal. App. 4th 864
WCC Citation:	WCC 32232007 CA

Case Name:	Faust vs. City of San Diego		12/11/2003
Summary:	WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. SDO 244774 WALTER FAUST, Applicant, vs. CITY OF SAN DIEGO, Permissibly Self-Insured, Defendant(s). BACKGROUND Applicant, Walter Faust, was employed as a firefighter by the City of San Diego from February 1972 until his retirement on July 4, 1998. Applicant reported his history of exposure to Dr. Jay: "Mr. Walter Faust stated that he was employed by the City of San Diego Fire Department as a fire fighter from February 1972 until his retirement on July 4, 1998. Mr. Faust stated that during the course of his employment with the City he has fought many fires. Dr. Fung reported applicant's history of exposure: "In terms of exposures, Mr. Faust states that he was first employed of February 4, 1972, by the City of San Diego as a firefighter.
Note:	Burden of proof in presumptive cancer cases.
Citation:	68 CCC (2003)
WCC Citation:	WCC 29622003 CA

Case Name:	Federal Mogul v. WCAB		09/27/1973
Summary:	FEDERAL MOGUL CORPORATION, NATION SEAL DIVISION, a corporation and THE TRAVELERS INSURANCE COMPANY, Petitioners v. THE WORKMENS COMPENSATION APPEALS BOARD OF THE STATE OF CALIFORNIA; BETTY L. WHITWORTH; J. DeWITT FOX, M. D. ; EDWARD I. WISOTSKY, M. D. ; AFTON C. TAYLOR, M. D. and LIBERTY MUTUAL INSURANCE COMPANY. Betty L. Whitworth, after trial, was found to have sustained industrial injuries. The claims were originally denied and the carriers did not provide any medical treatment. The carriers petitioned for reconsideration but were denied because they failed to produce any evidence that the medical charges were excessive. You are counseled to consult the full case for an accurate citation.
Note:	Official Medical Fee Schedule does not apply to self-procured treatment.
Citation:	38 CCC 584 (Writ Denied)
WCC Citation:	WCC 28791973 CA

Case Name:	Fenn vs. WCAB		04/21/2003
Summary:	OPINION O'LEARY, J. - James Fenn (Fenn), a firefighter for the City of Anaheim (City), seeks a writ of review after the Workers' Compensation Appeals Board (WCAB or Board) denied his petition for reconsideration. Both Fenn and the City admitted Fenn was a fire engineer for the City who lost time from work because of an industrial injury. Fenn claimed entitlement to federal Fair Labor Standards Act (FLSA) benefits as part of his section 4850 pay. The City contends because Fenn was off work on industrial leave he is not entitled to the time plus one-half premium. Fenn filed a petition for reconsideration with the WCAB, asking that the WCJ's findings and order be rescinded.
Note:	Because actual work necessary to earn FLSA premium, time off due to work injury not count towards benefit rate.
Citation:	107 Cal.App.4th 1292
WCC Citation:	WCC 29282003 CA

Case Name:	Ferguson v. WCAB		04/13/1995
Summary:	JUDY A. FERGUSON, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and RALEY'S SUPERMARKETS, Respondents. Background On September 14, 1988, petitioner Judy A. Ferguson (applicant) slipped and fell on a wet floor while employed as a general merchandise clerk for respondent Raley's Supermarkets (Raley's). Applicant also sought a 50 percent increase in her award under section 4553, alleging serious and willful misconduct by Raley's. It was also undisputed that Raley's knew of the dangerous condition, as other employees had fallen and complained to management. [33 Cal. App. 4th 1618] On October 8, 1991, the WCJ filed his report on reconsideration, recommending that the board deny Raley's petition.
Note:	Increase per 4553 applies to entire award, not just indemnity.
Citation:	33 Cal.App.4th 1613, 60 CCC 275
WCC Citation:	WCC 24091995 CA

Case Name:	Fermer v. Searles Valley Minerals, Inc.		09/03/2010
Summary:	Farmer v. Searles Valley Minerals, Inc. , No. E048827 (Cal. App. Dist. 4 09/03/2010) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO No. E048827 September 3, 2010 MARK FARMER, PLAINTIFF AND APPELLANT, v. SEARLES VALLEY MINERALS, INC. , DEFENDANT AND RESPONDENT. Plaintiff alleged that Becker's "frightening and demeaning supervision began to have a negative effect on [p]laintiff's physical and mental health. "On August 3, 2006, plaintiff saw Dr. Lusk who confirmed the hypertension diagnosis and again extended plaintiff's medical leave. In May 2007, plaintiff's attorney sent SVM a letter that "detailed the numerous statutory violations committed by [SVM] in its treatment of [p]laintiff. "On June 12, 2009, the trial court entered summary judgment in favor of SVM and against plaintiff on plaintiff's first amended complaint.
Note:	A former mining worker created a triable issue of fact about whether his employer terminated him because of depression resulting from his boss'
Citation:	E048827
WCC Citation:	WCC 36632010 CA