Case Name:	City and County of San Francisco v. WCAB (Ogilvie III)		07/29/2011
Summary:	Dennis J. Herrera, City Attorney, Dyana M. Lechuga, Deputy City Attorney, Peter Scherr, Deputy City Attorney, Danny Yeh Chou, Deputy City Attorney, Counsel for City and County of San Francisco. Marks, Counsel for Amicus Curiae California Workers' Compensation Institute on behalf of City and County of San Francisco. Marks, Counsel for Amicus Curiae American Insurance Association on behalf of City and County of San Francisco. Finnegan, Marks, Theofel & Desmond, Ellen Sims Langille, Counsel for Amicus Curiae California Chamber of Commerce on behalf of City and County of San Francisco. FACTUAL AND PROCEDURAL BACKGROUND Injury Ogilvie worked for the City and County of San Francisco (CCSF) as a Muni bus driver for 17 years.
Note:	The California 1st District Court of Appeal's decision on Friday to reverse the Workers' Compensation Appeals Board's ruling in the Ogilvie case offers three methods for applicants to prove that their rating under the 2005 Permanent Disability Rating Schedule is inaccurate.
Citation:	A126427
WCC Citation:	WCC 37892011 CA

Case Name:	City of California City v. WCAB		07/24/1979
Summary:	CITY OF CALIFORNIA CITY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and BOBBY FINKLEA, Respondents. [95 Cal. App. 3d 330] COUNSEL Wayne K. Lemieux, City Attorney, Helm, Budinger & Lemieux, and Jerome M. Budinger for Petitioner. OPINION FRANSON, J. Petitioner, City of California City (hereinafter the City) has sought to have a decision of a Workers' Compensation Appeals Board (hereinafter the Board) vacated. However, the City refused to pay respondent his full salary pursuant to Labor Code section 4850. He demanded his full salary ($1,650 per month) from the City pursuant to section 4850 but the City did not respond.
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Citation:	95 Cal.App.3d 329, 44 CCC 694
WCC Citation:	WCC 26891979 CA

Case Name:	City of Costa Mesa v. McKenzie		02/22/1973
Summary:	CITY OF COSTA MESA, Plaintiff and Appellant, v. ARTHUR R. McKENZIE, Defendant and Respondent (Opinion by Tamura, J. , with Kerrigan, Acting P. J. , and Gabbert, J. , concurring. )This is an action for declaratory relief by the City of Costa Mesa against defendant McKenzie, a retired city employee, for a judicial declaration respecting the city's obligation to pay a disability retirement allowance under city Ordinance No. 64-45. The facts are as follows: Nine years after its incorporation in 1953 as a general law city, Costa Mesa through its city council created an actuarially sound retirement plan for city employees pursuant to Government Code sections 45341-45345. fn. Defendant recommended to the city manager that Costa Mesa adopt a disability plan to bring about the payment of such benefits to its employees. The city determined that he was totally disabled and that the disability was incurred in the line of duty.
Note:	Work comp. benefits are not deducted from disability benefits.
Citation:	30 Cal.App.3d 763
WCC Citation:	WCC 24531973 CA

Case Name:	City of Fresno v. 21st District Agricultural Assn.		02/28/2018
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 FIFTH APPELLATE DISTRICT .             CITY OF FRESNO, Plaintiff and Appellant, .             v. .             21ST DISTRICT AGRICULTURAL ASSOCIATION, Defendant and Respondent. .             F073957 .             (Super. Ct. No. 14CECG02830) .             OPINION .             APPEAL from a judgment of the Superior Court of Fresno County. The City of Fresno (City) entered into a written contract with the 21st District Agricultural Association, Big Fresno Fair (District) whereby the City agreed to provide onsite police protection and law enforcement services to the Big Fresno Fair (contract). .           _____________________ HILL, P. J. .           WE CONCUR: .           _____________________ GOMES, J.
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Citation:	F073957
WCC Citation:	Super. Ct. No. 14CECG02830

Case Name:	City of Fresno v. WCAB		09/25/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT CITY OF FRESNO, Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and LILLIE WILSON, Respondents. The City of Fresno (City) petitions for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB) contending the WCAB applied the incorrect permanent disability rating schedule (PDRS). BACKGROUND Lillie Wilson injured herself lifting a case of bottled water while working for the City on June 25, 2003. The City admitted the accident caused injury to Wilson's lower back, but disputed whether she also injured her spine, lower extremities, right hip, and psyche. Sufficient evidence therefore existed for the WCAB to find a pre-2005 "indication of permanent disability" warranting the use of the 1997 PDRS.
Note:	[Unpublished] Sufficient evidence existed for the WCAB to find a pre-2005 'indication of permanent disability' warranting the use of the 1997 PDRS.
Citation:	F055670
WCC Citation:	WCC 34302008 CA

Case Name:	City of Fresno v. WCAB (O'Brien)		08/26/2011
Summary:	COUNTY OF FRESNO v. WORKERS' COMPENSATION APPEALS BOARD COUNTY OF FRESNO et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and PATRICK O'BRIEN, Respondents. NOT TO BE PUBLISHED IN OFFICIAL REPORTS OPINION THE COURT* The County of Fresno (Fresno)*fn1 petitions for a writ of review from an order of the Workers' Compensation Appeals Board (WCAB). While the WCAB applied a somewhat different analysis here, the Supreme Court has since clarified that neither application of the COLA is correct. BACKGROUND Patrick O'Brien was employed by Fresno as a deputy sheriff when, on April 25, 2003, he was struck by a drunk driver and ejected from his vehicle. *fn3 On June 30, 2010, the WCAB denied reconsideration, adopting and incorporating the WCJ's reasoning as its own.
Note:	The 5th District Court of Appeal remanded a cost-of-living adjustment case back to the Workers' Compensation Appeals Board, in light of the state Supreme Court's recent ruling on the issue.
Citation:	F060628
WCC Citation:	WCC 37962011 CA

Case Name:	City of Jackson v. WCAB (Rice)		04/26/2017
Summary:	Filed 4/26/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) .             CITY OF JACKSON, Petitioner, .             v. .             WORKERS’ COMPENSATION APPEALS BOARD and CHRISTOPHER RICE, Respondents. .             C078706 .             (WCAB No. ADJ8701916) .             ORIGINAL PROCEEDING; petition for writ of review. .             Lenahan, Lee, Slater & Pearse and Charles S. Templeton for Petitioner. .             Mastagni Holstedt, Eric D. Ledger and Edward W. Lester for Respondent Christopher Rice. .           We concur: .           /s/ Hoch, J.
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Citation:	C078706
WCC Citation:	WCAB No. ADJ8701916

Case Name:	City of La Mesa v. California Joint Powers Ins. Authority		07/18/2005
Summary:	CITY OF LA MESA, Plaintiff and Appellant, v. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY, Defendant and Respondent. [131 Cal. App. 4th 68] OPINION JONES, P. J. - City of La Mesa (City) appeals a summary judgment in favor of California Joint Powers Insurance Authority (JPIA) in its action to recover the balance of City's "equity account" held by JPIA. City disputes the enforceability of Article 24(a) of the joint powers agreement, which provides that members' deposits shall not be returned upon withdrawal. 1 BACKGROUND Joint Powers Authority Agreement Since 1949, the Joint Exercise of Powers Act has permitted two or more municipalities to form a joint powers authority which they agree will exercise any power that each municipality has power to exercise individually. JPIA was originally called the Southern California Joint Powers Insurance Authority.
Note:	Government Code section 6512.2, which authorizes contractual limitations onthe return of any surplus deposits, applies retroactively.
Citation:	131 Cal.App.4th 66
WCC Citation:	WCC 31432005 CA

Case Name:	City of LA v. IAC (Fraide)		08/27/1965
Summary:	COUNSEL Roger Arnebergh, City Attorney, Bourke Jones and Edwin F. Shinn, Assistant City Attorneys, and J. David Hanson, Deputy City Attorney, for Petitioner. Since February 1948 the city has paid Fraide a disability pension from the City of Los Angeles Fire and Police Pension Fund. Article XVII of the City of Los Angeles Charter establishes a system of pensions for city firemen and policemen. In that case the commission had granted the city a credit for the disability [63 Cal. 2d 245] pensions paid. 375 [199 P. 508]; Stan v. California Golf Club (1943) 8 Cal. Comp. Cases 209 [wages]; Brooks v. City of Los Angeles 61 L. A. [I. A. C. ] 227-108 [wages required by ordinance]. )
Note:	Employer entitled to no more than a partial credit against its workmen's compensation liability commensurate with the proportion of its tax payments to the fund.
Citation:	63 Cal.2d 242, 30 CCC 243
WCC Citation:	WCC 24501965 CA

Case Name:	City of LA vs. IAC (Clark)		04/19/1963
Summary:	CITY OF LOS ANGELES, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, WILLIAM A. CLARK et al. , Respondents. COUNSEL Roger Arnebergh, City Attorney, Bourke Jones, Edwin F. Shinn, Assistant City Attorneys, and J. David Hanson, Deputy City Attorney, for Petitioner. The charges were for X-rays, examination and report and are not contested by Clark or the city. He was not brought in as a witness by means of the subpoena issued at the instance of the city. To be sure, the city owed him no more than the customary witness fee, but he was not claiming that the city owed him anything.
Note:	Physician testimony at hearing is a medical-legal expense above witness fee.
Citation:	215 Cal.App.2d 310, 28 CCC 94
WCC Citation:	WCC 3691963 CA