Case Name:	Industrial Indemnity Co. v. WCAB		03/13/1985
Summary:	On June 4, 1981, Elvis Elizondo (applicant) sustained injury in the course of his employment as a journeyman taper by Raymond Interior Systems, insured by Industrial Indemnity Company (Industrial). Industrial failed to reply to applicant's request until March 1982, when its counsel arranged for a job analysis. Industrial appealed the consultant's order to the workers' compensation judge (WCJ), who, after a hearing, issued an order affirming and adopting the consultant's order. Fund, supra, 9 Cal. Workers'Comp. Rptr. 212, Aguja v. Industrial Indemnity Co. (1982) 79 SF 280-205, 10 Cal. Workers'Comp. Rptr. 205, and Mosqueda v. Lear Siegler, Inc. (1983) 81 LA 463-871, 11 Cal. Workers'Comp. Rptr. 252. Section 139. 5 provides in part as follows: "(a) The administrative director shall establish within the Division of Industrial Accidents a rehabilitation unit, which .
Note:	The Board's statutory interpretation allowing benefits during the qualified injured worker (QIW) evaluation period, provided the employee in good faith presents prima facie evidence justifying a request for rehabilitation, clearly forecloses false claims. Such interpretation is consistent with, and not in conflict with, the statute, and is reasonably necessary to effect the statutory purposes.
Citation:	B003862
WCC Citation:	WCC 34351985 CA

Case Name:	Infinet Marketing Services, Inc. v. American Motorist Insurance Company		04/06/2007
Summary:	Ct. No. 04CC07426) OPINION INFINET MARKETING SERVICES, INC. , Cross-complainant and Appellant, v. AMERICAN MOTORIST INSURANCE COMPANY, Cross-defendant and Respondent. When a defense was refused, the insurance broker cross-complained against the insurance company claiming insurance bad faith. InfiNet Insurance and Financial Network (InfiNet), is a Texas corporation in the business of providing marketing services to employee leasing companies. When a defense was refused, the marketing company cross-complained against the insurance company claiming insurance bad faith. (Infinet Marketing Services v. American Motorist Insurance Company (Mar.
Note:	The insurance broker is not a third party beneficiary of the insurance contract.
Citation:	150 Cal. App. 4th 168
WCC Citation:	WCC 32182007 CA

Case Name:	Infospan, Inc. v. Ensign Communique (Pvt.) Ltd.		10/23/2017
Summary:	This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115(a).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 .             INFOSPAN, INC. et al. , Plaintiffs and Appellants, .             v. .             ENSIGN COMMUNIQUE (PVT. ).             B265490 .             (Los Angeles County Super. .             Lindborg & Mazor, Peter F. Lindborg, Irina J. Mazor; Boies Schiller & Flexner and William A. Isaacson for Plaintiffs and Appellants. .             Plaintiffs Infospan, Inc. and Infospan (Pvt. )* .           We concur: .           PERLUSS, P. J.
Note:	A California appellate court ruled that a workers’ compensation claims collection service could not attempt to relitigate its claims against a rival for allegedly interfering with its client relationships.
Citation:	B265490
WCC Citation:	Los Angeles County Super. Ct. No. BC499795

Case Name:	Iniguez v. Blue Rose Concrete Contractors, Inc.		07/08/2016
Summary:	WORKERS' COMPENSATION APPEALS BOARD  STATE OF CALIFORNIA .             ENRIQUE INIGUEZ, Applicant, .             v. .             BLUE ROSE CONCRETE CONTRACTORS, INC. ; ZURICH NORTH AMERICA, Defendants. .             Case No. ADJ7672487 (Pomona District Office) .             OPINION AND DECISION AFTER RECONSIDERATION .             The Appeals Board previously granted reconsideration to further study the factual and legal issues. .           WORKERS' COMPENSATION APPEALS BOARD .           JOSE H. RAZO .           I CONCUR, .           DEIDRA E. LOWE .           I DISSENT. .           MARGUERITE SWEENEY .           DATED AND FILED AT SAN FRANCISCO, CALIFORNIA .           JUL 0 8 Z016 DISSENTING OPINION OF COMMISSIONER SWEENEY  .           I dissent. .           WORKERS' COMPENSATION APPEALS BOARD .           MARGUERITE SWEENEY, Commissioner .           DATED AND FILED AT SAN FRANCISCO, CALIFORNIA .           JUL 0 8 2016 Section 5313 is within Chapter I, "Jurisdiction," of Part 4, Division 4 of the Labor Code.
Note:
Citation:	ADJ7672487
WCC Citation:	ADJ7672487

Case Name:	Iniguez v. WCAB (Blue Rose Concrete Contractors, Inc.)		04/12/2017
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 TWO .             ENRIQUE INIGUEZ, Petitioner, .             v. .             WORKERS’ COMPENSATION APPEALS BOARD, BLUE ROSE CONCRETE CONTRACTORS, INC. et al. , Respondents. .             No. B276997 .             (W. C. A. B. No. ADJ7672487) .             PROCEEDINGS to review a decision of the Workers’ Compensation Appeals Board. .             Richard L. Newman, Anne Schmitz, and Peter Ray for Respondent Workers’ Compensation Appeals Board. .             Tobin • Lucks and Christopher Arthur Ball for Respondents Blue Rose Concrete Contractors, Inc. and Zurich North America-Los Angeles. .           __________________________, Acting P. J. ASHMANN-GERST .           We concur: .           _____________________________, J. CHAVEZ .           ____________________________, J. HOFFSTADT Dr. Fisher diagnosed a cervical strain with electrodiagnostic evidence of a right C6-7 radiculopathy and lumbosacral strain with spinal stenosis of a bilateral L5-S1 radiculopathy.
Note:
Citation:	B276997
WCC Citation:	W.C.A.B. No. ADJ7672487

Case Name:	Insur. Co. of N. America v. T.L.C. Lines		10/16/1996
Summary:	INSURANCE COMPANY OF NORTH AMERICA, Plaintiff and Appellant, v. T. L. C. LINES, INC. , et al. , Defendants and Respondents. On December 10, 1991, appellant Insurance Company of North America (hereinafter INA) filed the instant action in the Kern County Municipal Court against respondents T. L. C. Lines, Inc. , and Lawrence Edward Barrows (hereinafter collectively TLC). Plaintiff, Insurance Company of North America (hereinafter 'INA') was the Worker's Compensation insurance carrier for Lonnie Ray Guidry's employer at the time of the accident on December 10, 1990. This letter was the first notification to anyone on behalf of the defendants of the Worker's Compensation claim by Lonnie Ray Guidry. The case was briefed by the parties, argued before Judge Arthur E. Wallace on September 29, 1994, and submitted.
Note:	Where the tortfeasor settles with an insured in good faith, the insurer's right to recovery from the tortfeasor is barred but the insurer may be able to recover from its insured.
Citation:	50 Cal.App.4th 90, 61 CCC 1166
WCC Citation:	WCC 23901996 CA

Case Name:	Integrated Healthcare Holdings inc. v. Weiss (G041905)		09/13/2010
Summary:	INTEGRATED HEALTHCARE HOLDINGS, INC. , Plaintiff, Cross-defendant and Respondent, v. ANDREW L. WEISS, Defendant, Cross-complainant and Appellant. The settlement resolved an employment dispute between Andrew L. Weiss (Weiss), a labor and employment attorney, and Integrated Healthcare Holdings, Inc. (IHHI), a start-up company he helped launch. The complaint alleged Weiss was bound by paragraph 16 of the JAMS settlement to dismiss with prejudice the 132a petition. IHHI also filed a motion for preliminary injunction in the superior court, seeking to enjoin Weiss from further prosecuting his 132a petition. Weiss states in a footnote that this motion was denied, but the record is silent as to its fate.
Note:	An attorney who had settled a lawsuit against his former employer breached the parties' settlement agreement by continuing to pursue a Labor Code 132a claim against the employer at the Workers' Compensation Appeals Board, the 4th District Court of Appeal concluded.
Citation:	G041905
WCC Citation:	WCC 36662010 CA

Case Name:	Integrated Healthcare Holdings inc. v. Weiss (G042016)		09/13/2010
Summary:	INTEGRATED HEALTHCARE HOLDINGS, INC. , Plaintiff, Cross-defendant and Appellant, v. ANDREW L. WEISS, Defendant, Cross-complainant and Respondent. The settlement resolved an employment dispute between Andrew L. Weiss, (Weiss) a labor and employment attorney, and Integrated Healthcare Holdings, Inc. , (IHHI) a start-up company he helped launch. About eight months later, on February 10, 2006, Weiss filed two workers' compensation claims for personal injuries incurred while working for IHHI. On October 27, Weiss filed a "Declaration of Readiness" to set the 132a petition for trial. Accordingly, IHHI shall forthwith distribute said shares to WEISS, and WEISS shall have judgment against IHHI in connection with his cross-complaint to this effect. "
Note:	An attorney who had settled a lawsuit against his former employer breached the parties' settlement agreement by continuing to pursue a Labor Code 132a claim against the employer at the Workers' Compensation Appeals Board, the 4th District Court of Appeal concluded.
Citation:	G042016
WCC Citation:	WCC 36652010 CA

Case Name:	Integrated Investigations Inc. v. O'Donnell		10/18/2011
Summary:	INTEGRATED INVESTIGATIONS, INC. v. O'DONNELL INTEGRATED INVESTIGATIONS, INC. , et al. , Plaintiffs and Respondents, v. CHRISTY L. O'DONNELL, Defendant and Appellant. BACKGROUND Plaintiffs Integrated Investigations, Inc. (Integrated), Paul F. Thornton, and Ian Farrell filed a lawsuit against the County of Los Angeles (the County) and Christy L. O'Donnell after Integrated, a private investigation company, learned that the County had sent emails and other communications to various entities, stating that Integrated was not to be hired to conduct investigations for the County and related entities. Integrated provided its report on the surveillance of Villegas on April 26, 2009; the report did not address the incident involving the car chase. It alleges that, sometime after the meeting with O'Donnell, Integrated received several calls from various claims adjustors, asking if Integrated was involved in an embezzlement situation in another county, because the County had sent out emails and other communications stating that Integrated was not to be used for any investigations on behalf of the County or other entities. The declaration of Paul Thornton, who is the Vice-President of Integrated, stated that he arranged for the meeting between his investigators and O'Donnell.
Note:	A California appellate court on Tuesday threw out a private investigation firm's lawsuit against a defense attorney who had advised agencies affiliated with Los Angeles County to avoid using the firm because it had failed to report to the county that one of its investigators had been involved in a high-speed chase with a workers' compensation applicant.
Citation:	B231035
WCC Citation:	WCC 38132011 CA

Case Name:	Interstate Fire and Casualty Ins. Co. v Cleveland Wrecking Co.		02/22/2010
Summary:	Ct. No. 475134) Interstate Fire and Casualty Insurance Company (Interstate) appeals from a judgment entered after the court sustained, without leave to amend, a demurrer to Interstate's amended complaint against Cleveland Wrecking Company (Cleveland). Cleveland Wrecking Company (Cleveland) was a subcontractor responsible for certain demolition work. The good faith settlement does not bar Interstate from pursuing its cause of action for express contractual indemnification against Cleveland. Cleveland contends Webcor did not actually suffer any loss, because Interstate paid the costs of defending against and settling Frisby's claims. Cleveland urges that Webcor does not have an existing cause of action against Cleveland because Webcor has already been fully compensated by Interstate.
Note:	It is prudent to permit subrogation, so that a party with an alleged contractual indemnification obligation will be encouraged to step up in the underlying case and either fulfill the obligation (and implicitly help settle the case) or resolve any dispute over the application of the indemnification obligation.
Citation:	A124920
WCC Citation:	WCC 36002010 CA