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Case Law Library

Case Name: Davis v. WCAB and Allied Security, et al., and Torres v. WCAB and Williams Tank Lines et al. 11/30/2006
Note: When an employee's overall permanent disability is subject to apportionment for a preexisting disability the calculation of compensation is to be made by subtracting the preexisting percentage of permanent disability from the overall percentage of permanent disability.
Citation: 145 Cal. App. 4th 324
WCC Citation: WCC 31972006 CA
Case Name: Davis vs. Interim Healthcare 09/15/2000
Note: 4062.9 presumption may be raised at trial for first time, but not on reconsideration.
Citation: 65 CCC 1039
WCC Citation: WCC 29042000 CA
Case Name: De La Cerda v. Intermountain Slurry Seal 11/14/2011
Note: An employer won summary judgment against a worker's disability discrimination and failure to accommodate suit because he was unable to show a reasonable accommodation existed.
Citation: C066086
WCC Citation: WCC 38252011 CA
Case Name: de la Huerta v. Lions Gate Entertainment Corp. 10/18/2017
Note: The 2nd District Court of Appeal ruled that her breach-of-contract action against Lions Gate Entertainment had been properly dismissed as a strategic lawsuit against public participation and because her workers’ compensation remedy was her exclusive recourse for her physical injuries.
Citation: B271844
WCC Citation: Los Angeles County Super. Ct. No. SC124294
Case Name: De Los Reyes v. Hanley 05/25/2012
Note: An injured California worker could not assert a civil action against the qualified medical examiner who allegedly prepared a false report in connection with the worker's claim for benefits.
Citation: C066453
WCC Citation: WCC 38992012 CA
Case Name: De Santiago v. D and G Plumbing, Inc. 09/19/2007
Note: Where there is a possibility that the case could have been brought to trial before the expiration of the five-year mark, despite continuances, the continuances themselves do not result in impracticability. The court must look at whether the moving party exercised due diligence in getting its case in front of a judge.
Citation: 155 Cal. App. 4th 365; 65 Cal. Rptr. 3d 882
WCC Citation: WCC 32562007 CA
Case Name: DeCelle v. City of Alameda 11/22/1960
Note: Disability in this section is not as to earning power only, but efficiency in ordinary pursuits of life.
Citation: 186 Cal.App.2d 574, 25 CCC 247
WCC Citation: WCC 25321960 CA
Case Name: DeCunha v. IAC 12/14/1964
Note: Voluntary provision of benefits does not estop carrier from denying coverage on relative exclusion.
Citation: 29 CCC 272
WCC Citation: WCC 3861964 CA
Case Name: Dedekian v. Central Unified School Dist. 10/24/2007
Note: [Unpublished] Because the issue of the appellant's obligation to engage in the interactive process is primarily a factual one, the reviewing court is without power to substitute its deductions for those of the trial court.
Citation: F050381 & F050977
WCC Citation: WCC 32702007 CA
Case Name: DeFrates v. Clark 11/08/2011
Note: A construction foreman's sole remedy for his roof injury was workers' compensation.
Citation: A131222
WCC Citation: WCC 38222011 CA
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