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Case Law Library

Case Name: Burns v. WCAB 03/25/1987
Summary: JAMES BURNS, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and COUNTY OF LOS ANGELES, Respondents. On March 10, 1984, applicant was granted a disability retirement under the CERL as a result of the industrial injury. He receives approximately $1,600 per month from the CERL disability pension and a similar amount from the PERS service pension. In his opinion on decision, he explained that he based his decision on Labor Code section 4853 and Gorman v. Workers' Comp. Applicant contends that County may not disallow VRTD because the injured worker is receiving a PERS service pension.
Note: Sheriff not limited to VRTD while simultaneously receiving pension from prior employer.
Citation: 190 CAL.APP.3D 759, 52 CCC 111
WCC Citation: WCC 26881987 CA
Case Name: Bussard vs. Minimed 01/23/2003
Summary: BARBARA BUSSARD, Plaintiff and Appellant, v. MINIMED, INC. , Defendant and Respondent. Page 2} OPINION RUBIN, J. - Appellant Barbara Bussard appeals from summary judgment for respondent Minimed, Inc. After review, we hold the "going-and-coming" exception to the doctrine of respondeat superior does not apply to an employee while she is driving home after becoming sick at work from exposure to pesticide fumes. PROCEDURAL AND FACTUAL BACKGROUND On March 22, 2000, respondent Minimed hired a pest control company to spray pesticide overnight to eliminate fleas at respondent's facility. Around 7:00 a. m. the next day, Minimed clerical employee Irma Hernandez arrived for work. While in route, she rear ended appellant Barbara Bussard, who was stopped at a red light.
Note: Employer liable to third party from accident by employee sent home due to illness incurred at work.
Citation: 105 Cal.App.4th 798, 129 Cal.Rptr.2d 675
WCC Citation: WCC 29142003 CA
Case Name: Butler v. Direct TV 10/08/2008
Summary: IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO ROBERT BUTLER, Plaintiff and Appellant, v. DIRECT TV, Defendant and Respondent. Appellant Robert Butler (Butler) sued respondent DIRECTV, Inc. (DIRECTV) for disability discrimination. On June 14, 2005, Butler informed Veazie that his doctor was going to release him to work part-time. DIRECTV was not required to provide Butler with a part-time position, and Butler could not work full-time. After Butler spoke to Veazie, Veazie asked Rodriguez if Butler could be accommodated.
Note: [Unpublished] DIRECTV was not required to provide Butler with a part-time position, and Butler could not work full-time. As a result, a reasonable accommodation was not available and DIRECTV cannot be held liable for failing to engage in an interactive process.
Citation: B201173
WCC Citation: WCC 34342008 CA
Case Name: C.C. Myers v. WCAB (Lockwood) 01/27/2012
Summary: IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT C. C. MYERS, INC. , Petitioner, v. WORKERS COMPENSATION APPEALS BOARD and BRUCE LOCKWOOD, Respondents. In this matter, respondent Bruce Lockwood (Claimant) was injured while working for petitioner C. C. Myers, Inc. (Employer) when a co-worker drove an excavator over Claimants foot. He also received an award of permanent disability benefits in the amount of $170 per week, for a total of $58,862. 50. However, the Board rejected the WCJs rationale and concluded instead that the misconduct was the failure to provide a spotter alone. (Labor Code, § 5904; Cedillo v. W. C. A. B. (1971) 5 Cal. 3d 450, 456; U. S. Auto Stores v. W. C. A. B. (1971) 4 Cal. 3d 469, 476-477. )
Citation: C067528
WCC Citation: WCC 38502012 CA
Case Name: C.J.L. Construction, Inc. v. Universal Plumbing 08/27/1993
Summary: C. J. L. CONSTRUCTION, INC. , Cross-complainant and Appellant, v. UNIVERSAL PLUMBING, Cross-defendant and Respondent. Pleadings Philip Navarette (plaintiff) filed an action against Universal Plumbing (UP), C. J. L. Construction, Inc. (CJL), and Louisville Ladder. On August 11, 1992, UP brought a motion for judgment on the pleadings as to CJL's first amended cross-complaint. The properly pleaded material allegations in the declaratory relief cause of action in the amended cross-complaint must be accepted as true. [2] In appeals from a demurrer dismissal of a declaratory relief action, appellate courts normally apply the abuse of discretion standard.
Note: Third-party defendant may not compel employer's participation as a cross-defendant in certain instances.
Citation: 18 Cal.App.4th 376, 58 CCC 543
WCC Citation: WCC 24011993 CA
Case Name: CA Attorneys v. Schwarzenegger 03/19/2010
Summary: (CASE I) That petition alleges that "CASE is the exclusive collective bargaining representative of legal professionals in State Bargaining Unit 2 . Approximately 3240 members are attorneys, administrative law judges, and hearing officers who are exempt from the Fair Labor Standards Act (FLSA). The independently elected constitutional officers and other elected state-wide officials referenced above were not parties to these matters. On the merits, the court agreed with CASE that section 11873 prohibits the Governor from furloughing SCIF employees. COUNSEL Law Offices of Brooks Ellison and Patrick J. Whalen for Plaintiff and Respondent California Attorneys, Administrative Law Judges and Hearing Officers in State Employment.
Note: The trial court's conclusion that section 11873, subdivision (c) limits the Governor's authority to impose furloughs on SCIF employees is consistent with the language of the statute, the larger statutory scheme, and the legislative history of the SCIF authorizing legislation.
Citation: A125292
WCC Citation: WCC 36102010 CA
Case Name: CA Comp. & Fire Co. v. IAC (Leventon) 06/12/1961
Summary: Record Leventon, a timber-faller, sustained an industrial injury on July 29, 1957, which resulted in immediate total paraplegia. Leventon was paid $40 per week for temporary disability by petitioners through October 5, 1959, and $35 per week thereafter until March 22, 1960. On January 27, 1960, hearings were had upon the date at which temporary disability ceased and permanent disability began. The petitioners immediately began to withhold payments to Leventon in order to accumulate $1,000 for payment of the attorney's lien. On May 11, 1960, Leventon's attorney petitioned for partial commutation and for determination of attorney's fees under Labor Code, section 4904. 1.
Note: Liens must be paid without disturbing scheduled disability payments.
Citation: 193 Cal.App.2d 6, 26 CCC 105
WCC Citation: WCC 25581961 CA
Case Name: CA Comp. Ins. Co. v. IAC 07/26/1948
Summary: 'Petitioner is the insurance carrier for the Canterbury Hotel, that company having been found to have been the employer of decedent. There is no doubt that if the employer-employee relationship existed, the accident was industrial, and that it caused the death of Laurio. The trial referee recommended a finding that decedent was an independent contractor, but the panel of the commission found that the employer-employee relationship existed. [1] 'The evidence on the issue in question is not entirely satisfactory, and the question presented is a very close one. He was told that the nursery could not handle the work but would be glad to recommend a competent man.
Note: Weak evidence of AWW does not make AWW
Citation: 86 Cal.App.2d 861, 13 CCC 181
WCC Citation: WCC 23941948 CA
Case Name: CA Comp. Ins. Co. v. IAC (Moore) 11/17/1954
Summary: OPINION FOX, J. Petitioner seeks a review and annulment of an award by respondent commission of maximum temporary partial disability benefits. This activity took the form of contacts with several prospective employers and scanning of newspaper ads for offers of work. On March 17, 1954, respondent commission issued a Findings and Award, the pertinent part of which reads as follows: '3. [2] The theory underlying such legislation is, succinctly stated, that industry should bear, in large measure, the burden of industrial accidents. (Johnson v. Cluett Peabody Co. , 2 I. A. C. 10, 13; Jordan v. Decorative Co. 230 N. Y. 522 [130 N. E. 634, 635]; 1 Campbell, Workmen's Compensation, ?
Note: Unemployment benefits subtracted from wage loss.
Citation: 128 Cal.App.2d 797, 19 CCC 287
WCC Citation: WCC 25001954 CA
Case Name: CA Comp. Ins. Co. v. WCAB (Raines) 08/01/1997
Summary: Applicant suffered industrial injuries on January 27, 1995, and was admitted to the San Bernadino County Hospital and treated until his release four months after the accident. Prior to his release from the hospital an employee of defendant California Compensation Insurance Co. contacted the hospital's collections office to negotiate a pending bill. Under this deal, Defendant paid $654,556. 22 within the agreed time limit a timely fashion, representing 80% of the initial total bill. This principle will help to ensure there has been a true meeting of the minds,' and will avoid unnecessary confusion and litigation. You are counseled to consult the full case for an accurate citation.
Note: Any agreement to be enforced in workers' compensation proceedings should be reduced to writing.
Citation: 62 CCC 1264
WCC Citation: WCC 25881997 CA
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