Case Name:	City of Laguna Beach v. CIGA		03/03/2010
Summary:	We therefore conclude that the trial court properly invoked the Denny's rule when it granted summary judgment and concluded that the appellant City of Laguna Beach (City) cannot obtain reimbursement from respondent California Insurance Guarantee Association (CIGA) under section 1063. 1, subdivision (c)(13). In addition, because Reliance was insolvent, the City sought reimbursement from CIGA. The City's action The City sued CIGA and Continental and requested a declaration that they owe the City reimbursement. Finally, the City contends that CIGA failed to meet its burden of proof. We agree that the initial burden of proof rested on CIGA, not the City.
Note:	CIGA need not reimburse a permissibly self-insured employer for benefits paid to an employee for cumulative injury if the employer's liability is based in part on a period of time when the employer was self-insured and chose not to buy excess insurance for the particular risk.
Citation:	B214027
WCC Citation:	WCC 36062010 CA

Case Name:	City of Long Beach vs. WCAB (Garcia)		01/31/2005
Summary:	City of Long Beach v. Workers' Compensation Appeals Board, No. B173437 (Cal. App. Dist. 2 01/31/2005) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE No. B173437 January 31, 2005 CITY OF LONG BEACH, PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD AND DAVE A. GARCIA, RESPONDENTS. CERTIFIED FOR PUBLICATION INTRODUCTION Dave A. Garcia, a police officer employed by petitioner the City of Long Beach (the City), contracted kidney cancer during his employment. Garcia's Claim and Hearing Before the WCJ Garcia became employed as a police officer for the City on February 12, 1991. On January 20, 2002, while still employed by the City as a police officer, 35-year-old Garcia was diagnosed with kidney cancer. The WCAB denied reconsideration, citing the WCAB's en banc decision in Faust v. City of San Diego (2003) 68 Cal. Comp. Cases 1822.
Note:	A mere showing of absence of medical evidence is insufficient to rebut the peace officer's cancer presumption.
Citation:	126 Cal. App. 4th 298
WCC Citation:	WCC 30752005 CA

Case Name:	City of Los Angeles v. WCAB		10/25/2007
Summary:	Rockard J. Delgadillo, City Attorney, Valentin F. Dinu, Managing Attorney, Karl L. Moody, Deputy City Attorney, for Petitioner. Jose had received the bonus since his employment with City began in 1985 and he had maintained his CPA license for years before he was hired by City. Some of the training offered by City may have been credited toward a CPA license, but City did not offer sufficient classes for CPA licensure. c. Personal Self-improvement In a similar situation, City of Los Angeles v. Workers' Comp. (City of Los Angeles, at pp.
Note:	The commercial traveler doctrine and the special mission exception were incorrectly applied by the lower court in finding that the decedent's death was in the course of his employment and so, the decision is reversed.
Citation:	157 Cal. App. 4th 78
WCC Citation:	WCC 32712007 CA

Case Name:	City of Los Angeles v. WCAB (State of California Death Without Dependents Unit)		11/12/2009
Summary:	Vanessa L. Holton, Chief Counsel, and Steven A. McGinty, Assistant Chief Counsel, Department of Industrial Relations for State of California Death Without Dependents Unit. The City filed an answer disputing the DWD Unit's claim because it was paying a death benefit to Foster's mother. Immediately thereafter, the City filed a petition to terminate liability for death benefits to the estate and to dismiss Gloria Foster's claim. By this time the City had paid $104,208 in death benefits to the Estate of Jaime Foster. The defendant in this matter paid benefits pursuant to a valid and existing law passed by the State of California.
Note:	The escheat of a death benefit to the state after partial payment to the estate of a deceased worker--in effect, the award of two death benefits for a single death--is inconsistent with the governing statutes and the legislative policy they implement.
Citation:	B211331
WCC Citation:	WCC 35762009 CA

Case Name:	City of Los Angeles v. Wendy Greuel as City Controller		10/03/2011
Summary:	CITY OF LOS ANGELES, Plaintiff and Respondent, v. WENDY GREUEL, as City Controller, etc. , Defendant and Appellant. Carmen A. Trutanich, City Attorney, Claudia McGee Henry, Senior Assistant City Attorney and Gerald M. Sato, Deputy City Attorney, for Plaintiff and Respondent. This appeal concerns a dispute that arose between plaintiff City of Los Angeles (the City), and defendant Los Angeles City Controller Wendy Greuel (the Controller). The Controller sought to audit the City Attorney's workers' compensation program to determine the efficiency and effectiveness of the City Attorney's management and oversight of claims. The City Attorney's office, under former City Attorney Rockard Delgadillo, filed suit to prevent the audit based on the argument that the Controller had no authority under the City Charter to audit the office of any elected official.
Note:	A dispute over the Los Angeles City controller's authority to audit the elected city attorney's management of workers' compensation claims became moot when the newly elected city attorney decided to cooperate with the review.
Citation:	B221912
WCC Citation:	WCC 38082011 CA

Case Name:	City of Los Angeles v. Workers' Compensation Appeals Board and Alex Johnson		01/07/2009
Summary:	[U] City of Los Angeles v. Workers' Compensation Appeals Board, No. B204479 (Cal. App. Dist. 2 01/07/2009) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE No. B204479 . CA. 0000097 January 7, 2009 CITY OF LOS ANGELES, PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD AND ALEX JOHNSON, RESPONDENTS. The City of Los Angeles (City) petitions for a writ of review of a decision by the Workers' Compensation Appeals Board (WCAB). The City employed respondent Alex Johnson, who sustained several injuries at work and received workers' compensation awards for permanent disability. BACKGROUND Alex Johnson sustained various industrial injuries while working as a sanitation truck operator for the City for over 20 years. Johnson and the City stipulated to a workers' compensation award of 44 percent permanent disability.
Note:	The City of Los Angeles should have been given an opportunity to demonstrate evidence of increased disability caused by a degenerative disease for the purpose of apportionment after the award of permanent disability benefits after a former city worker reopened a claim involving multiple injuries.
Citation:	B204479
WCC Citation:	WCC 34732009 CA

Case Name:	City of Moorpark v. Superior Ct. of Ventura Co.		08/17/1998
Summary:	City of Moorpark v. Superior Court (1998) , 18 Cal. 4th 1143 [No. S057121. CITY OF MOORPARK et al. , Petitioners, v. THE SUPERIOR COURT OF VENTURA COUNTY, Respondent; THERESA L. DILLON, Real Party in Interest. (Superior Court of Ventura County, No. CIV152607, Joe D. Hadden, Judge. )COUNSEL Cheryl J. Kane, City Attorney, Burke, Williams & Sorensen, Harold A. Bridges and Heather C. Beatty for Petitioners. Factual and Procedural Background Theresa L. Dillon's complaint alleges that the City of Moorpark employed her as an administrative secretary from May 1990 until February 28, 1994.
Note:	132a is not the exclusive remedy for disability discrimination.
Citation:	18 Cal.4th 1143, 63 CCC 944
WCC Citation:	WCC 3841998 CA

Case Name:	City of Oakland v. WCAB		04/08/1969
Summary:	CITY OF OAKLAND, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, MARYON BERNARDINI et al. , Respondents. The Charter of the City of Oakland (including  249(2)) was enacted under the authority of article XI, section 8 of the California Constitution. Dante Bernardini, a fireman employed by the City of Oakland, died June 10, 1967, as a result of a duty-incurred injury. Under the City of Oakland Charter Mrs. Bernardini is entitled to, and we may infer, receiving, a monthly retirement allowance. At the appeals board hearings the City of Oakland did not expressly state the reasons for its opposition to the award.
Note:	Widow's
Citation:	271 Cal.App.2d 555
WCC Citation:	WCC 25851969 CA

Case Name:	City of Oakland v. WCAB		04/08/1969
Summary:	CITY OF OAKLAND, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, MARYON BERNARDINI et al. , Respondents. The Charter of the City of Oakland (including § 249(2)) was enacted under the authority of article XI, section 8 of the California Constitution. Dante Bernardini, a fireman employed by the City of Oakland, died June 10, 1967, as a result of a duty-incurred injury. Under the City of Oakland Charter Mrs. Bernardini is entitled to, and we may infer, receiving, a monthly retirement allowance. At the appeals board hearings the City of Oakland did not expressly state the reasons for its opposition to the award.
Note:	Widow's
Citation:	271 Cal.App.2d 555, 34 CCC 222
WCC Citation:	WCC 25911969 CA

Case Name:	City of Oakland vs. WCAB (Gullet)		06/11/2002
Summary:	CITY OF OAKLAND, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and DAVID GULLET, Respondents. 1 The City of Oakland (Oakland) challenges a Workers' Compensation Appeals Board (Board) decision awarding temporary and permanent psychiatric disability payments to David Gullet (Gullet), a supervising employee demoted during a citywide reduction in force. We conclude the Board erred by applying an incorrect standard in evaluating the conduct and in concluding Oakland did not meet its burden of demonstrating good faith. The record notes that "[t]he appointment of Robert Bobb as City Manager and the subsequent election of Mayor Jerry Brown combined to create [99 Cal. App. 4th 264] budgetary pressures on all City departments. "The WCJ concluded, however, that Oakland did not carry its burden of proving its personnel actions were in good faith.
Note:	Demotion is 'good faith personnel action' within meaning of 3208.3.
Citation:	99 CA4th 261
WCC Citation:	WCC 28962002 CA