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Case Law Library

Case Name: Bloch Medical Clinic v. WCAB 04/22/1997
Summary: Bloch Medical Clinic, Petitioner v. Workers Compensation Appeals Board, Sonia Rodriguez, National Stores, Inc. , State Compensation Insurance Fund, Respondents. Civil No. B097283 Court of Appeal, Second Appellate District, Division Five April 22, 1997 Counsel:For petitioner--Stephen M. Schwartz For respondents employer and insurer--Krimen, Klein, Da Silva, Daneri & Bloom, by Louis Harris For respondent WCAB--No appearance Opinion-By Grignon, Acting P. J. Petitioner Bloch Medical Clinic (Dr. Bloch) petitions for review of a decision of the Workers' Compensation Appeals Board (WCAB) denying reconsideration of an order of the Workers' Compensation Judge (WCJ) denying medical-legal expense and reducing claimed medical treatment charges. As to the other issues raised by Dr. Bloch, we found no error on the part of the Board. In February 1992, employee consulted an attorney, who referred her to, among others, Dr. Bloch, a psychiatrist. On February 21, 1992, the attorney requested medical treatment, but not a medical-legal evaluation, from Dr. Bloch.
Note: Failure to pay or object in 60 days subject carrier to 10% penalty.
Citation: 62 CCC 589
WCC Citation: WCC 28721997 CA
Case Name: Blue Cross of CA. v. WCAB 04/10/1998
Summary: Jurisdiction was reserved over the lien of Blue Cross. Defendant filed a DOR which was served on Blue Cross, and Blue Cross made no objection to the matter going forward. Yet, Blue Cross did not object to the DOR and request additional time to obtain the records and obtain a medical-legal report. Thus Blue Cross waived its right to perform additional discovery by failing to object to the declaration of readiness. The WCAB denied Blue Cross' Petition for Reconsideration and the appellate court denied its Petition for Writ of Review.
Note: No denial of due process where Blue Cross could've requested continuance to obtain necessary records.
Citation: 63 CCC 604 (Writ Denied)
WCC Citation: WCC 28031998 CA
Case Name: Blumenfeld v. Qualcomm, Inc. 09/23/2010
Summary: In 2001 Blumenfeld applied for and received a transfer into a programmer analyst position, reporting to Tange. In 2001, when Blumenfeld was transferred to his group, Tange was a network analyst, supervising five or six individuals. Rather, Blumenfeld and the other employees Tange supervised "raved about him" in performance reviews submitted confidentially to his supervisor. Blumenfeld said once Tange put her outside his "circle of trust" for a week and called her a "walrus. "Blumenfeld also submitted evidence that during the investigation of Tange, Qualcomm discovered that he had sexually harassed two other female employees.
Note: Exclusive remedy did not bar a former employee's intentional infliction of emotional distress claim because she alleged that it resulted from her supervisor's despicable sexual harassment, the 4th District Court of Appeal concluded.
Citation: D055441
WCC Citation: WCC 36732010 CA
Case Name: Board of Chiropractic Examiners v. Superior Court of Sacramento County (Carole Arbuckle) 02/26/2009
Summary: Ct. No. 03AS00948 STATE BOARD OF CHIROPRACTIC EXAMINERS et al. , Petitioners, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; CAROLE M. ARBUCKLE, Real Party in Interest. Here, the employee filed a complaint with the State Personnel Board, and the board issued adverse findings. She was hired as an office assistant by the State Board of Chiropractic Examiners (SBCE) and was eventually promoted to management services technician. The trial court denied the motion, but the Court of Appeal issued an alternative writ and stayed the proceedings in the trial court. Only then, the Court of Appeal held, could Arbuckle pursue a civil damages action in superior court.
Note: An employee of the California Chiropractic Board of Examiners who claims she was harassed at work after pointing out that the board's chairwoman had been practicing without a license was not required to exhaust all administrative remedies before filing a civil whistleblower complaint.
Citation: S151705
WCC Citation: WCC 35002009 CA
Case Name: Bock v. City of Healdsburg 05/30/2012
Summary: * Appellant Lorie Bock sued her former employer, respondent City of Healdsburg (Healdsburg or City), alleging that she suffered various forms of discrimination while employed as a meter reader. Bradbury, in turn, reported to City finance director Tamera Haas, who herself reported to City manager Chester Wystepek. City manager Wystepek likewise testified that he was not aware of any problems that appellant had with her feet. (m)), appellant was required to prove, among other things, that "the City of Healdsburg thought that Lorie Bock had a physical condition that limited her ability to walk and/or her ability to work," or that "the City of Healdsburg knew that Lorie Bock had a physical condition that limited her ability to walk and/or her ability to work. (n)), appellant was required to prove, among other things, that appellant had a physical condition "that was known to the City of Healdsburg.
Note: A Northern California trial judge did not err in instructing the jury on a meter reader's disability discrimination claims, a state appellate court ruled, upholding a jury's determination that the worker's complaints about her aching feet were insufficient to give her employer notice of her disabling medical condition and give rise to a duty to accommodate her.
Citation: A132200
WCC Citation: WCC 39012012 CA
Case Name: Boehm & Assoc vs. WCAB 04/25/2003
Summary: BOEHM & ASSOCIATES, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD AND INTERNATIONAL UNION OF HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES et al. , Respondents. OPINION HULL, J. - Petitioner Boehm & Associates seeks review of a decision by the Workers' Compensation Appeals Board (Board) restricting or denying recovery on several medical lien claims. The lien claim lists Boehm & Associates as the attorneys for MRCH. Nevertheless, Boehm & Associates filed the instant petition for review in its own name, on behalf of the medical providers. Because the uninsured employer denied industrial causation, the employee was forced to seek payment of medical expenses through Medi-Cal.
Note: While W&I Code 14124.70 et seq. applies generally to WC liens, it does not apply where the settlement did not include consideration of existing lien claims.
Citation: 108 Cal.App.4th 137
WCC Citation: WCC 29292003 CA
Case Name: Bolanos v. Priority Business Services Part 1/2 03/09/2018
Summary: This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115(a).   IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR .             RENE BOLANOS, Plaintiff and Respondent, .             v. .             PRIORITY BUSINESS SERVICES, INC. , Defendant and Appellant. .             B280139 .             (Los Angeles County Super. .           Priority sent Bolanos to a clinic (selected by Priority) to get a medical checkup the next day. .           Bolanos resumed his practice of checking in with Priority in person or by phone to ask for work. . ” .           Cox similarly testified at trial that at the time Bolanos’s employment with Priority ended, Priority believed Bolanos had resigned.
Citation: B280139
WCC Citation: Los Angeles County Super. Ct. No. BC589714
Case Name: Bolanos v. Priority Business Services Part 2/2 03/09/2018
Summary: .           Bolanos additionally submitted itemized billing records supporting his fee request. .           In reply, Bolanos requested an additional $10,697. 08 in fees incurred in connection with the fee motion, supported by an attorney declaration and itemized billing record. .           Conversely, Priority claims that the court should not have excluded the survey of billing rates it submitted. .           “‘A contingent fee must be higher than a fee for the same legal services paid as they are performed. .         Priority again argues that the lodestar should be reduced to reflect Bolanos’s limited success in this litigation.
Citation: B280139
WCC Citation: Los Angeles County Super. Ct. No. BC589714
Case Name: Bolanos v. WCAB 10/03/2017
Summary: This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115(a). IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN . MARCOS BOLANOS, Petitioner, . v. .  WORKERS’ COMPENSATION APPEALS BOARD and RAMIRO ZAPATA JIMENEZ et al. , Respondents. .  DIRECTOR OF INDUSTRIAL RELATIONS AS ADMINISTRATOR OF THE UNINSURED EMPLOYERS BENEFITS TRUST FUND, Real Parties in Interest. .  B276784 .  (W. C. A. B. Case No. ADJ587312) .  ORIGINAL PROCEEDINGS to review a decision of the Workers’ Compensation Appeals Board. .  Law Offices of Mark B. Simpkins and Mark B. Simpkins for Petitioner. .  We concur: .  PERLUSS, P. J.
Note: Taxpayers are on the hook for a man's permanent total disability award after the California 2nd District Court of Appeals shot down the state's attempt to force a property owner to pay the benefits.
Citation: B276784
WCC Citation: W.C.A.B. Case No. ADJ587312
Case Name: Bonner v. WCAB 11/29/1990
Summary: KATHLEEN E. BONNER, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and State Compensation Insurance Fund, Respondents. In addition to petitioner and office manager Moodie, the employer had three other employees, Diana Resnick, Chris Bolton, and Anita Bottari. Petitioner, office manager Moodie, and employer Bonner each had a set of keys to the office. After a person entered the office door, a deadbolt lock customarily was secured by hand in order to relock the door. On October 17, 1986, the day of petitioner's accident, Moodie was the first to arrive at the office in the morning.
Note: Board's failure to specify evidence relied upon, reasons for determination warrants reversal.
Citation: 225 Cal.App.3d 1023, 55 CCC 470
WCC Citation: WCC 27341990 CA
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