Case Name:	City of Palo Alto v. I.A.C.		02/16/1965
Summary:	CITY OF PALO ALTO, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION and RODERICK FLETCHER GAUDIN, Respondents. COUNSEL Robert E. Michalski, City Attorney and James A. Hildebrand, Assistant City Attorney, for Petitioner. OPINION SIMS, J. Petitioner City of Palo Alto as employer by its petition for writ of review seeks an order annulling, vacating and setting aside an order of the respondent Industrial Accident [232 Cal. App. 2d 306] Commission which awarded permanent disability payments to respondent Gaudin as an employee of the city. In City of Palo Alto v. Industrial Acc. (City of Palo Alto v. Industrial Acc.
Note:	Officer allowed a leave of absence with full salary in lieu of TD payments for 1 yr.
Citation:	232 Cal.App.2d 305, 30 CCC 67
WCC Citation:	WCC 27041965 CA

Case Name:	City of Petaluma v. WCAB (Lindh)		12/08/2018
Summary:	Filed 12/10/18 CERTIFIED FOR PUBLICATION  IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE .             CITY OF PETALUMA et al. , Petitioners, .             v. .             THE WORKERS’ COMPENSATION APPEALS BOARD OF THE STATE OF CALIFORNIA and AARON LINDH, Respondents. .           “A: No. .           “Q: Is it possible that he could have gone his entire life without losing vision?.           We concur: .           _________________________ Humes, P. J. .           _________________________ Margulies, J. .           A153811; City of Petaluma et al. v. Workers’ Compensation Appeals Board .           Trial Judge: Hon. Jason E. Schaumberg .           Counsel: .           Mullen & Filippi, LLP, William E. Davis for Petitioner City of Petaluma.
Note:
Citation:	A153811
WCC Citation:	A153811

Case Name:	City of Pismo Beach v. WCAB (Williams)		10/27/1994
Summary:	City of Pismo Beach, Permissibly Self-Insured, Petitioner v. Workers' Compensation Appeals Board, Melissa Williams, Respondents. The Notice of Claim was served on defendant City of Pismo Beach. Shortly thereafter, applicant moved from Pismo Beach to Long Beach, California. On December 15, 1993, defendant filed an Application for Adjudication of Claim in the Grover City office of the WCAB, objecting to applicant's choice of venue. Subsequently, applicant filed an amended consent letter and Information Request Form, allowing her attorneys to file the case in the Santa Monica WCAB office (Los Angeles County).
Note:	Proper to change venue - both his residence and attorney's place of business located in county.
Citation:	59 CCC 925
WCC Citation:	WCC 25461994 CA

Case Name:	City of Pomona v. Heiselt		10/19/2012
Summary:	CITY OF POMONA v. HEISELT THE CITY OF POMONA, Plaintiff and Respondent, v. LEONARD HEISELT, Defendant and Appellant. INTRODUCTION Defendant and appellant Leonard Heiselt appeals from an order granting a permanent injunction pursuant to Code of Civil Procedure, section 527. 8*fn1 . S. Johnson testified that she went to the restroom, and when she exited it she saw City of Pomona Police Department Officer Brian Hagerty, assigned to plaintiff's crime prevention unit, in the hallway. Millard submitted a declaration in support of the injunction stating that defendant went into the human resources department in City Hall "unannounced and without any scheduled appointment. "There is evidence that multiple employees expressed concern that defendant would return to City Hall, armed, and seek to injure them.
Note:	The California 2nd District Court of Appeals on Friday upheld a permanent injunction that bars a former Pomona police officer with a history of angry confrontations with workers' compensation claims managers from possessing firearms and visiting City Hall.
Citation:	B234603
WCC Citation:	WCC 39482012 CA

Case Name:	City of Richmond v. Comm. on State Mandates		05/28/1998
Summary:	CITY OF RICHMOND, Plaintiff and Appellant, v. COMMISSION ON STATE MANDATES, Defendant and Respondent; DEPARTMENT OF FINANCE, Real Party in Interest and Respondent. Dwight L. Herr, County Counsel (Santa Cruz), Ronald R. Ball, City Attorney (Carlsbad), Michael G. Colantuono, City Attorney (Cudahay), William B. Conners, City Attorney (Monterey), Jonathan B. In 1992, David Haynes, a police officer for the City of Richmond (Richmond), was killed in the line of duty. Richmond filed a test claim with the Commission on State Mandates (the Commission), contending chapter 478 created a state-mandated local cost. It reads, 'if the Commission on State Mandates determines that this act contains costs mandated by the state, .
Note:	Provides a coordination or offset for workers' comp. death benefits when benefit under PERS is payable.
Citation:	64 Cal.App.4th 1190, 63 CCC 733
WCC Citation:	WCC 24651998 CA

Case Name:	City of San Diego v. WCAB, Molnar		06/20/2001
Summary:	CITY OF SAN DIEGO, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and STEPHEN E. MOLNAR, Respondents. COUNSEL Casey Gwinn, City Attorney, Anita M. Noone, Assistant City Attorney, and Robert J. Mulcahy, Deputy, for Petitioner. Thereafter, Molnar submitted a claim for workers' compensation benefits to his employer, the City of San Diego (the City), which is self-insured for workers' compensation purposes. The City denied the claim on the ground that the going and coming rule applied to preclude recovery for his injuries. Pursuant to one such policy and a memorandum of understanding between the San Diego Police Officers Association and the San Diego Police Department, Molnar received overtime compensation for testifying on an off-duty day.
Note:	Police officer commuting to testify precluded by 'going and coming' rule.
Citation:	89 Cal.App.4th 1385
WCC Citation:	WCC 28542001 CA

Case Name:	City of Santa Ana v. WCAB		04/22/2008
Summary:	Filed 4/22/08 City of Santa Ana v. WCAB (Smith) CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8. 1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8. 1115(b). IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO CITY OF SANTA ANA, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and DONALD K. SMITH, Respondent. Defendant City of Santa Ana (City) seeks review of an order of the Workers' Compensation Appeals Board (WCAB or Board) denying reconsideration of the award to Donald K. Smith (applicant). FACTS Applicant is a 69-year-old retired firefighter who worked for City from 1968 to December 19, 1989, his last day on the job. Accordingly we find that City did establish the statute of limitations defense with regard to applicant's skin cancer claim.
Note:	[Unpublished] Because applicant was not diagnosed with having any heart condition until 2003, his claim filed a few months thereafter is not time barred under Labor Code sections 5404 and 5412.
Citation:	E043714
WCC Citation:	WCC 33482008 CA

Case Name:	City of Santa Ana v. WCAB		01/25/1982
Summary:	CITY OF SANTA ANA, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and THOMAS E. TAYLOR, Respondents. OPINION KAUFMAN, J. Petitioner, City of Santa Ana (city), seeks review and annullment of orders of the Workers' Compensation Appeals Board (Board) that, in effect, award respondent Thomas E. Taylor (applicant) permanent disability benefits on a disability rating of 56 percent based upon its determination that the applicant is limited to 'light work. 'The applicant was employed as a police officer by the city which is legally uninsured. Industrial injury was admitted by the city in respect to one of the claims and disputed in the other. It is little wonder that the WCAB trial judge did not submit rating instructions based on a 'light work' restriction.
Note:	On review, test of substantiality must be based on entire record, not isolated evidence.
Citation:	128 Cal.App.3d 212, 47 CCC 59
WCC Citation:	WCC 26121982 CA

Case Name:	City of Sebastopol v. WCAB (Braga)		08/28/2012
Summary:	CITY OF SEBASTOPOL v. WORKERS' COMPENSATION APPEALS BOARD CITY OF SEBASTOPOL, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and WILLIAM BRAGA, Respondents. City contends, regardless of the fact Braga lost no time from work, section 4658(d)(3)(A) entitled City to decrease his permanent disability indemnity (PDI) by 15 percent because City made him a timely return to work offer. Comp. P. D. LEXIS 9 (Audiss), the WCAB adopted the position urged by City. City filed a timely petition for review of the WCAB decision. City also argues that the WCAB's interpretation of section 4658(d)(A)(3) penalizes City for accommodating Braga in order to keep him on the job.
Note:	A Northern California city was not entitled to benefit from the Labor Code's 'bump-up, bump-down' incentive for employers to return injured employees to work when the applicant missed no time on the job.
Citation:	A134803
WCC Citation:	WCC 39262012 CA

Case Name:	City of South Pasadena v. Public Employment Relations Board (Snider)		02/26/2021
Summary:
Note:	A California appellate court upheld an administrative determination that a municipal employer retaliated against a firefighter for engaging in protected union activities but that he had also misused his leave time.
Citation:	B304596
WCC Citation:	B304596