Case Name:	Kaiser Cement Corp., etc. v. WCAB		05/06/1986
Summary:	When applicant first began his employment with Kaiser Cement in 1966, he worked four to five months as a laborer. The last four years applicant was employed by Kaiser Cement he worked as a heavy equipment operator. Dr. Billings described the occupational noise exposure at Kaiser Cement as 'Mill noise about 20% of the time while employed as a laborer by Kaiser Cement from 1966 to 1968 and about 50% of the time while employed as an electrician/oiler by Kaiser Cement from 1973 to 1979. The medical report of Dr. Riordan noted in applicant's medical history that applicant was exposed to noise while performing his duties for Kaiser Cement. His exposure to noise while employed by Kaiser Cement is the major causative factor of the noise-induced portion of this bilateral sensori-neural hearing loss.
Note:	Issues not raised in Petition for Recon. are waived under Code S. 5904.
Citation:	51 CCC 232
WCC Citation:	WCC 27251986 CA

Case Name:	Kaiser Foundation Health Plan, Inc. v. Superior Ct of LA County		02/15/2012
Summary:	KAISER FOUNDATION HEALTH PLAN, INC. v. SUPERIOR COURT OF LOS ANGELES COUNTY KAISER FOUNDATION HEALTH PLAN, INC. , et al. , Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent. INTRODUCTION Anna Rahm and her parents, Lynnette and James Rahm, filed a complaint against Kaiser Foundation Health Plan and two Kaiser health care providers. Plaintiffs' Complaint On July 15, 2010, Anna and her parents filed a complaint against Kaiser Foundation Health Plan (Kaiser Health Plan or Health Plan), which administered Anna's health care plan. The complaint also named Kaiser Foundation Hospitals (Kaiser Hospitals) and Southern California Permanente Medical Group (SCPMG), which contract with Kaiser Health Plan to provide hospital and medical services to the Plan's insureds. First, the complaint sought punitive damages from Kaiser Foundation Health Plan, which is a "licensed health care service plan" under California's Knox-Keene Health Care Service Plan Act of 1975 (Health & Saf.
Note:	A procedural statute did not bar punitive damages claims in a suit alleging that Kaiser Foundation Health Plan conspired to deny costly medical services to health plan members.
Citation:	B233759
WCC Citation:	WCC 38572012 CA

Case Name:	Kaiser Foundation Hospitals v. WCAB (Brennan)		02/28/1979
Summary:	KAISER FOUNDATION HOSPITALS et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD, THOMAS J. BRENNAN et al. , Respondents. OPINION COBEY Acting P. J. , Petitioners Kaiser Foundation Hospitals and Southern California Permanente Medical Group (Kaiser) contend that respondent Workers' Compensation Appeals Board (WCAB) erred in charging part of a fee awarded an injured worker's attorney to Kaiser's recovery on its lien claim for medical services (see Lab. III We find Quinn v. State of California (1975) 15 Cal. 3d 162 [124 Cal. Rptr. 1, 539 P. 2d 761] and Kaiser Foundation Hospitals v. Workers' Comp. (1978) 22 Cal. 3d 776 [151 Cal. Rptr. 537, 588 P. 2d 239]; Kaiser Foundation Hospitals v. Workers' Comp. In California School for the Deaf the petitioner was 'Kaiser Foundation Hospitals/ Permanente Medical Group. '
Note:	Copy of C&R must be served to lien claimant who is to be charged a portion of atty. fees; claimant has right to notice of hearing before any apportionment.
Citation:	91 Cal.App.3d 493, 44 CCC 294
WCC Citation:	WCC 27531979 CA

Case Name:	Kaiser Foundation Hospitals v. WCAB (Daly City)		07/25/1985
Summary:	KAISER FOUNDATION HOSPITALS, PERMANENTE MEDICAL GROUP, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, CITY OF DALY CITY et al. , Respondents (Opinion by Lucas, J. , expressing the unanimous view of the court. )The injury worsened and on March 6, 1981, Martin was admitted to Kaiser Foundation Hospital (Kaiser) in Redwood City where he was furnished medical services. There is no evidence that either Kaiser or City knew before Kaiser sent this letter that Martin's injury was possibly work related. (Kaiser Foundation Hospitals v. Workers' Comp. Kaiser Foundation Hospitals v. Workers' Comp.
Note:	Breach of employer's duty to notify employee of rights to benefits tolls limitations period; duty arises if employer has constructive knowledge of injury.
Citation:	39 Cal.3d 57, 50 CCC 411
WCC Citation:	WCC 4071985 CA

Case Name:	Kaiser Foundation Hospitals v. WCAB (Gregory)		12/15/1978
Summary:	KAISER FOUNDATION HOSPITALS et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD, ROBERT GREGORY et al. , Respondents. KAISER FOUNDATION HOSPITALS et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD, GEORGE ALBERT JONES et al. , Respondents. KAISER FOUNDATION HOSPITALS et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD, SEVER M. LONE et al. , Respondents. KAISER FOUNDATION HOSPITALS et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD, CARL SMITH et al. , Respondents. [87 Cal. App. 3d 343] Petitioner, Kaiser Foundation Hospitals, and its affiliate, Southern California Permanente Medical Group (Kaiser) admittedly are the kind of provider of medical services referred to in that section.
Note:	WCAB reduction of lien pursuant to C&R is constitutional, applies retroactively; parties to C&R must serve reports, evidence presented to Bd. to claimant.
Citation:	87 Cal.App.3d 336, 43 CCC 1300
WCC Citation:	WCC 25371978 CA

Case Name:	Kaiser Foundation v. WCAB (Yturralde)		08/12/1996
Summary:	Applicant Melody Yturralde worked for Defendant Kaiser Foundation Hospital as a registered nurse and lab technician. The parties submitted stipulations in 4/93, and the WCJ issued an award. In the opinion denying defendant's Petition for Writ of Review, the Appellate Court stated: "The Board correctly relied on Smyers v. Workers' Comp. (1984) 157 Cal. App. 3d 36, 42-43 to allow benefits for housekeeping and child care services which are medically necessary and reasonable. You are counseled to consult the full case for an accurate citation.
Note:	Child care may be awarded as reasonable medical per Smyers.
Citation:	61 CCC 876 (Writ Denied)
WCC Citation:	WCC 29551996 CA

Case Name:	Kaiser v. Calif. Electric, Calif. Casualty Exch.		10/28/1998
Summary:	On March 20, 1998, defendant filed a Petition for Removal with the Workers' Compensation Appeals Board (Board) pursuant to Labor Code section 5310. After reviewing the record, the Board will deny removal, but will return this matter to the workers' compensation administrative law judge (WCJ) for further proceedings and decision. It is premature to file either an Application or a petition for reconsideration since no arbitrator's decision has been issued in this case. For the foregoing reasons, IT IS ORDERED that defendant's Petition for Removal filed April 20, 1998, be, and it hereby is, DENIED. [sic] and that this matter be, and it is hereby, RETURNED to the WCJ for further proceedings and decision consistent with this opinion.
Note:	WCJ has authority to dismiss application if injury covered by alternative resolution process under 3201.5.
Citation:	63 CCC 1391 (Panel)
WCC Citation:	WCC 3931998 CA

Case Name:	Kaiser v. Simpson		05/15/2009
Summary:	This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115. COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA CYNTHIA KAISER, Plaintiff and Appellant, v. SEAN DANIEL SIMPSON et al. , Defendants and Respondents. Cynthia Kaiser appeals a judgment after a jury found against her in this action for professional negligence against her former law firm, Simpson & Brenner, LLP, and its attorneys. On September 27, 2002, Kaiser retained Simpson & Brenner to prosecute a third-party liability claim against Palomar. In this appeal, Kaiser contends the trial court abused its discretion and violated its prior in limine ruling by allowing expert King to testify that Simpson & Brenner did not violate the standard of care in failing to seek leave to file a late claim because the initial six-month statute of limitations had expired by the time Kaiser retained Simpson & Brenner and therefore, the case was "dead on arrival. "Kaiser nonetheless points out that King repeatedly testified that her case was "dead on arrival" at Simpson & Brenner's office, and that, by the time she brought her case to Simpson & Brenner, her rights were "set in stone" because of her failure to act diligently.
Note:	[Unpublished] An injured worker waived her right to challenge a San Diego Superior Court's admission of expert testimony in her legal malpractice action by failing to object to the admission of such testimony during the trial process.
Citation:	D053348
WCC Citation:	WCC 35242009 CA

Case Name:	Kamel v. California Department of Corrections and Rehabilitation		03/29/2011
Summary:	KAMEL v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION LOUIS KAMEL, Plaintiff and Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Defendant and Respondent. We examine the documents presented in the trial court and independently determine their effect as a matter of law. The timely filing of an administrative complaint is a prerequisite to the bringing of a civil action for damages under the FEHA. The second amended complaint names only the California Department of Corrections and Rehabilitation (CDCR) as defendant. All four were employed by the California Department of Corrections and Rehabilitation, Prison Health Care Services in Sacramento.
Note:	A trial court must decide whether the California Department of Corrections and Rehabilitation unlawfully revoked a psychiatrist's job offer in retaliation for prior complaints about discrimination.
Citation:	F059186
WCC Citation:	WCC 37392011 CA

Case Name:	Kamel vs. West Cliff Medical		12/24/2001
Summary:	WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA WAHBY KAMEL Applicant, vs. WEST CLIFF MEDICAL; SUPERIOR NATIONAL INSURANCE COMPANY, Defendants. BACKGROUND Applicant, while employed as a medical technologist on November 10, 1998, sustained industrial injury to his back, left hip and lower extremity. In Findings and Award issued on February 2, 2000, it was determined, among other things, that this injury caused permanent disability of 48 percent. Following defendant's failure to appear at the May 21, 2001 mandatory settlement conference, this matter was set for trial on June ,2001. The question of delay and the reasonableness of the cause therefor shall be determined by the appeals board in accordance with the facts.
Note:	In a 5814 penalty, applicant must first establish delay or refusal in the payment of compensation and then the defendant
Citation:	66 CCC ___ (En Banc)
WCC Citation:	WCC 29032001 CA

Case Name:	Kaplan v. Reiner		09/16/2010
Summary:	Kaplan works with the law firm of Graiwer & Kaplan. On September 18, 2009, Kaplan filed a motion for a harassment restraining order ( 527. 6) against Reiner, who was then the opposing counsel on a case. Reiner and a process server barged into the office of Kaplan's husband, attorney Gary Kaplan, who was on the telephone with a client at the time. Reiner then explained that an employee of Kaplan's firm held the door to the offices open for Reiner and the process server to enter. At the hearing on the petition for restraining order, Reiner called Kaplan as a hostile witness.
Note:	The California 2nd District Court of Appeals last week upheld a restraining order filed against a defense attorney who allegedly barged into the inner offices of a Los Angeles applicants' law firm and threw subpoenas onto the desks of two opposing attorneys.
Citation:	B220426
WCC Citation:	WCC 36692010 CA

Case Name:	Karaiskos vs. Metagenics		07/27/2004
Summary:	In that decision, the Court held that the Employment Development Department's (EDD's) lien is an obligation to a state because the EDD is a department of the State of California. Hence, its lien claim is not "covered claim" that CIGA is required to pay. The Court reversed the Appeals Board's decision of July 15, 2002 and remanded the matter here for further proceedings in accordance with the Court's opinion. The California Insurance Guarantee Association is not required to make payment to the Employment Development Department. "WORKERS' COMPENSATION APPEALS BOARD (EN BANC) MERLE C. RABINE, Chairman WILLIAM K. O'BRIEN, Commissioner JAMES C. CUNEO, Commissioner FRANK M. BRASS, Commissioner JANICE J. MURRAY, Commissioner RONNIE G. CAPLANE, Commissioner DATED AND FILED IN SAN FRANCISCO, CALIFORNIA July 27, 2004 ---------------------------- FOOTNOTES .
Note:	Board on Remittitur from Appellate Court holds CIGA exempt from EDD lien.
Citation:	68 CCC 772; En Banc
WCC Citation:	WCC 30162004 CA

Case Name:	Karaiskos vs. Metagenics, etc., et. al.		07/15/2002
Summary:	In Karaiskos v. Metagenics, Inc. (AHM 0070712), the applicant's claim was settled by Compromise and Release (C&R) with the carrier left to litigate EDD's lien. On March 13, 2001, the WCJ found in relevant part that CIGA may be required to make payment to the EDD. As argued by the [EDD], this is actually money that is reimbursed into the account held by a particular applicant. As in Karaiskos, it was subsequently determined that an en banc decision would be appropriate, and the parties were provided an opportunity to file supplemental briefs. As noted in the Karaiskos case, Cal Comp was declared insolvent on September 26, 2000, and CIGA became responsible for its covered claims.
Note:	EDD unemployment compensation disability liens are
Citation:	67 CCC (2002) (En Banc)
WCC Citation:	WCC 28692002 CA

Case Name:	Katzin v. WCAB		04/16/1992
Summary:	Katzin had sought reconsideration of an order by the workers' compensation judge (WCJ) that Katzin pay approximately $15,400 in medical-legal expenses incurred by applicant, Janee Guerra. She later filed and served on Katzin an amended application alleging that Katzin was the employer and that he did business as Professional Designers. Although the letter lists Katzin as a party being served with a copy of the letter, Katzin asserts in his verified petition for writ of review that the reports were not served on him. Katzin states his reason for not appearing at the trial was his mistaken belief that UEF would represent his interests. The WCJ concluded Katzin had adequate notice regarding the content of those reports, however, because one of the defense medical reports served on Katzin by UEF extensively reviewed applicant's medical evidence.
Note:	Employer denied due process b/c no notice of applicant's other industrial injuries.
Citation:	5 Cal.App.4th 703,57 CCC 230
WCC Citation:	WCC 26321992 CA

Case Name:	Keeler v. AIG Domestic Claims		12/19/2011
Summary:	KAREN KEELER et al. , Plaintiffs and Respondents, v. AIG DOMESTIC CLAIMS, INC. , et al. , Defendants and Respondents; GARY JANICH et al. , Objectors and Appellants. INTRODUCTION Karen Keeler brought a class action lawsuit against AIG Domestic Claims, Inc. , and other related companies, on behalf of AIG workers' compensation insurance claims adjusters. FACTUAL AND PROCEDURAL BACKGROUND In August 2008, Karen Keeler filed a class action complaint against AIG Domestic Claims, Inc. , AIG Insurance Company, AIG Claims Services, Inc. , AIG Claims Services, and AIG Corporation (collectively AIG). Keeler was a workers' compensation insurance claims adjuster for AIG. The notice further specified that the release would apply to claims, known or unknown, based on the claims alleged in the complaint, including FLSA claims.
Note:	A Los Angeles trial court did not err when it approved a $1.4 million class action wage-and-hour settlement between AIG and its former adjusters.
Citation:	B226691
WCC Citation:	WCC 38342011 CA

Case Name:	Kelley v. Conco Companies et al.		06/06/2011
Summary:	KELLEY v. CONCO COMPANIES PATRICK C. KELLEY, Plaintiff and Appellant, v. THE CONCO COMPANIES et al. , Defendants and Respondents. CERTIFIED FOR PUBLICATION BRUINIERS, J. Patrick Kelley was an apprentice ironworker employed by respondent The Conco Companies (Conco). To get work, Kelley would contact companies such as Conco directly and, once hired, he would inform the union and obtain a dispatch slip. Rather, Conco discharged Kelley because he had been suspended by the union and Kelley has not produced evidence that would support an inference that Conco contributed to the union's decision to suspend Kelley. Kelley testified that a coworker had expressed concern to Kelley about the incident and Kelley saw that coworker talk to Gallegos before Gallegos spoke to Kelley.
Note:	An employer can be liable under the Fair Employment and Housing Act for coworkers' retaliatory conduct toward an employee who complained about what he believed was same-sex sexual harassment, California's 1st District Court of Appeal concluded.
Citation:	A126865
WCC Citation:	WCC 37692011 CA

Case Name:	Kelly v. County of Los Angeles		07/26/2006
Summary:	Kelly's Employment with the County of Los Angeles Consta Kelly began working as a licensed vocational nurse (LVN) for the Rancho Los Amigos Medical Center (RLAMC), a Los Angeles County hospital, in 1979 and concurrently became a member of the Los Angeles County Employees Retirement Association (LACERA). The plan was silent as to whether the objective was to retrain Kelly for placement in another position with Los Angeles County or in private employment. Kelly's and Los Angeles County's Petitions for Writ of Mandate Seeking to Compel LACERA to Find Kelly Permanently Disabled Both Kelly and Los Angeles County filed petitions for writ of mandate in the trial court pursuant to Code of Civil Procedure section 1085 seeking to compel LACERA to reverse its ruling and find Kelly eligible for a disability retirement. Neither Kelly nor Los Angeles County appealed from the judgment. To be sure, the written vocational rehabilitation plan agreed to by RLAMC and Kelly is silent as to whether the plan's objective includes retraining Kelly for placement in a position with Los Angeles County.
Note:	That the employee lacked employment-related income following the cessation of her vocational rehabilitation benefits was due to her own inaction, rather than the result of a termination.
Citation:	141 Cal.App.4th 910
WCC Citation:	WCC 31712006 CA

Case Name:	Kemps v. Beshwate		12/30/2009
Summary:	Facts and Procedural History Defendant and respondent Richard A. Beshwate represented a defendant, Timothy Young, in a multiple-murder case in Tulare County. Kemps is the owner of Sierra Valley Medico, Inc. , apparently a company providing medical examinations in workers' compensation cases. Respondents contend, in essence, that they thought Kemps was the office manager for Dr. Heller, that various of them spoke to Kemps prior to the trial, and that Weber served her with a trial subpoena. The parties agree, however, that when Kemps failed to appear to testify, Beshwate applied for and obtained a warrant for her arrest. Kemps opposed the motion, contending that respondents' conduct was not protected activity because it was unlawful as a matter of law.
Note:	The absolute privilege from tort liability, except for claims of malicious prosecution, established by Civil Code section 47, subdivision (b), applies to statements made to the authorities in order to obtain the arrest of a person, even where that person has no connection whatsoever to any pending litigation.
Citation:	F056377
WCC Citation:	WCC 35882009 CA

Case Name:	Kenai Drilling, etc. v. WCAB		04/20/1998
Summary:	Kenai Drilling, National Union Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Harold Vastbinder, Respondents. Applicant was injured while working for Defendant Kenai Drilling Co. on November 7, 1992. Findings & Award issued on December 11, 1995, ruling that Applicant was entitled to Temporary Disability from February 23, 1994 to February 8, 1995. Applicant claimed that VRMA payments were due at the Temporary Total Disability rate following Defendant's delay pursuant to LC 4642. WCAB granted Applicant's Petition for Reconsideration, but denied Defendant's Petition.
Note:	Employer liable for retroactive maintenance allowance when they failed to given applicant notice of right to rehab.; duty extends to employers despite applicant's representation by attorney.
Citation:	63 CCC 643
WCC Citation:	WCC 27981998 CA

Case Name:	Kennedy v. MUFG Union Bank		01/15/2020
Summary:	.             E070775 .             (Super. Ct. No. CIVDS1615472) .             OPINION .             APPEAL from the Superior Court of San Bernardino County. INTRODUCTION .           Plaintiff and appellant, Denise Kennedy,filed a civil action against defendants and respondents, MUFG Union Bank (Union Bank) and Vicki Gomez (collectively, defendants), which alleged various claims arising out of her former employment with Union Bank. While on disability leave, her position was eliminated as part of a regionwide restructuring by Union Bank. Plaintiff alleged she was an African-American woman who had been employed as a customer service manager for Union Bank for over 14 years. She stated that it was her understanding that she remained an employee of Union Bank until the time of her resignation.
Note:	A California appellate court upheld the dismissal of a bank employee’s claims for disability discrimination, finding her voluntary resignation as part of a workers’ compensation settlement precluded any claim of wrongful termination.
Citation:	No. E070775
WCC Citation:	No. E070775

Case Name:	Kerley vs. WCAB		03/01/1971
Summary:	LONNIE EUGENE KERLEY, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD and GENERAL CABLE COMPANY, Respondents. OPINION BURKE, J. Petitioner Lonnie Eugene Kerley seeks review of a decision, after reconsideration, of the Workmen's Compensation Appeals Board, refusing to assess a 10 percent penalty against respondent employer, General Cable Company, for unreasonable delay in paying compensation. Upon leaving the plant that afternoon, petitioner noticed stiffness in his upper back and numbness in his left leg. The following day, Friday, in the absence of Dr. King, the orthopedist who performed the February surgery, petitioner consulted Dr. Branick. At the conclusion of the hearing, the referee indicated that he intended to find petitioner's condition permanent and stationary.
Note:	The only excuse for delay in payment of benefits is genuine doubt from a medical or legal standpoint; burden on employer to present substantial evidence of such.
Citation:	4 Cal.3d 223
WCC Citation:	WCC 30151971 CA

Case Name:	Kerner v. Superior Court of LA County		05/21/2012
Summary:	KERNER v. SUPERIOR COURT OF LOS ANGELES COUNTY LISA KERNER, Petitioner,v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; RICHARD M. WIDOM, Real Party in Interest. STOCKWELL, HARRIS, WIDOM, WOOLVERTON & MUEHL et al. , Petitioners,v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; RICHARD M. WIDOM, Real Party in Interest. Ct. L. A. County, No. BD501681)) and obtained a temporary restraining order against Widom based on allegations of domestic violence. According to a later declaration by McCloskey, her firm began representing Kerner and George ceased his representation of Kerner on that same date. They stated further that Defendants' co-counsel Sedwick LLP also represented Kerner and that the objection was asserted on behalf of both Defendants and Kerner.
Note:	A California appellate court has published a 64-page decision overturning four pre-trial rulings in a long-running dispute between Los Angeles workers' compensation defense attorney Richard Widom, his former law firm and his ex-wife, who has twice accused him of beating her.
Citation:	B233918
WCC Citation:	WCC 38982012 CA

Case Name:	Keulen v. WCAB.		09/23/1998
Summary:	Al Keulen, Jr. (Keulen) petitions this court for a writ of review of the order of the Workers' Compensation Appeals Board (WCAB or the Board) denying reconsideration of its decision that Keulen only suffered a 2. 25 percent permanent disability from industrial injury to his left thumb. Keulen objected to Doctor Mooney's findings and requested an agreed medical examiner pursuant to section 4062. Keulen arranged for his own qualified medical evaluator, Doctor Donald R. Schwartz, to conduct a comprehensive medical evaluation. When Doctor Schwartz examined Keulen, Keulen reported that the pain restricted his activities upwards of 70 percent of the day, and that he had to alter the way he uses his left arm and hand. He determined that Keulen did not sustain injury resulting in ulnar neuropathy, but that Keulen is in need of future medical care.
Note:	New, uncontested med. evidence rebutted presumption that treating physician's findings were correct; Earlier treating physician's opinion no less relevant than QME's.
Citation:	66 Cal.App.4th 1089, 63 CCC 1125
WCC Citation:	WCC 24121998 CA

Case Name:	Key Energy Services, Inc. v. Cal. Occupational Safety and Health Appeals Bd.		02/22/2018
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 .             KEY ENERGY SERVICES, INC. , Plaintiff and Appellant, .             v. .             CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD, Defendant and Respondent; .             DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH, Real Party in Interest and Respondent. .             F073567 .             (Super. Ct. No. S-1500-CV283958) .             OPINION .             APPEAL from a judgment of the Superior Court of Kern County. .           -ooOoo- .           An employer appeals from the denial of its petition for a writ of mandate. .           _____________________ HILL, P. J. .           WE CONCUR: .           _____________________ GOMES, J.
Note:
Citation:	F073567
WCC Citation:	Super. Ct. No. S-1500-CV283958

Case Name:	Khoury v. Martha		02/08/2010
Summary:	Filed 2/8/10 Khoury v. Martha CA1/2 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 FIRST APPELLATE DISTRICT DIVISION TWO MASHHOUR KHOURY, Plaintiff and Appellant, v. MAHER MARTHA, Defendant and Respondent. Ct. No. SCV236372) Mashhour Khoury sued Maher Martha for negligence and failure to hold workers compensation insurance after he fell through a ceiling at the premises of a disbanded bakery where he had previously been employed by Martha. He appeals from a judgment in favor of Martha on a jury verdict finding Martha was not negligent and appellant was not working as an employee at the time of the accident. Nimer Martha ( Nimer ), Mahers first cousin and the husband of Mahers sister, worked at the bakery as a delivery person.
Note:	A Sonoma County Superior Court did not err by admitting evidence of a plaintiff's prior work-related drug use at trial.
Citation:	A120651
WCC Citation:	WCC 35962010 CA

Case Name:	Kielar v. Metropolitan Museum of Art		10/28/2008
Summary:	Kielar v Metropolitan Museum of Art NY Slip Op 08177 Decided on October 28, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. 4402A 115524/04 591277/04 [*1]Wioleta Kielar, etc. , et al. , Plaintiffs-Respondents, v The Metropolitan Museum of Art, et al. , Defendants-Appellants, Total Safety Consulting, L. L. C. , Defendant. The Metropolitan Museum of Art, Third-Party Plaintiff-Appellant-Respondent, R. Smith Restoration, Inc. , Third-Party Defendant-Respondent-Appellant. Bivona & Cohen, P. C. , New York (Curtis B. Gilfillan of counsel), for appellants and appellant-respondent. The motion court properly granted the museum and the City summary judgment on their contractual indemnity claims in view of the employer's indemnification agreement with the museum and the City.
Note:	The museum did not have actual or constructive notice of any unsafe practices, and no issues of fact as to whether the museum was affirmatively negligent are otherwise raised.
Citation:	4402 4402A 115524/04 591277/04
WCC Citation:	WCC 34422008 CA

Case Name:	Kifle-Thompson v. Board of Chiropractic Examiners		07/20/2012
Summary:	In August 2008 the Board of Chiropractic Examiners (Board) issued a decision revoking Aster Kifle-Thompson's chiropractic license. (Kazensky v. City of Merced (1998) 65 Cal. App. 4th 44, 52; see also Moran v. Board of Medical Examiners (1984) 32 Cal. 2d 301, 308-309. )The Board granted Kifle-Thompson a chiropractic license in 1993, after she received a Doctor of Chiropractic (DC) degree that year. Kifle-Thompson argues the Board also exceeded its jurisdiction because the Workers' Compensation Appeals Board (WCAB) had already adjudicated claims raised by insurer or lien-claimants with respect to the billings examined by the Board. F.  Bias of Board Members Kifle-Thompson argues the Board acted improperly because it did not afford her a fair hearing in accordance with due process.
Note:	The Board of Chiropractic Examiners did not err when it upheld an administrative law judge's recommendation to revoke the license of a chiropractor who conspired to defraud insurance companies.
Citation:	A130819
WCC Citation:	WCC 39142012 CA

Case Name:	King v. CompPartners, Inc.		01/05/2016
Summary:	Filed 1/5/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO .             KIRK KING et al. , Plaintiffs and Appellants, .             v. .             COMPPARTNERS, INC. et al. , Defendants and Respondents. .             E063527 .             (Super. Ct. No. RIC1409797) .             OPINION .             APPEAL from the Superior Court of Riverside County. .             Murchison & Cumming, William D. Naeve, Ellen M. Tipping and Terry L. Kesinger for Defendants and Respondent. .           CERTIFIED FOR PUBLICATION .           MILLER J. .           We concur: .           McKINSTER Acting P. J.
Note:
Citation:	E063527
WCC Citation:	Super.Ct.No. RIC1409797

Case Name:	King v. WCAB		07/03/1991
Summary:	JEWELL KING, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and LYNWOOD UNIFIED SCHOOL DISTRICT, Respondents. Dr. Curtis reported that the symptoms associated with those disorders were largely transitory and did not contribute to applicant's depression. Dr. Dean Wiese, an internist, noted that applicant was treated for hypertension and congestive heart failure in 1980 and 1982. Dr. Scott concluded applicant's conflict with and harassment by Ms. Webb exacerbated applicant's preexisting hypertension, causing shortness of breath, dizziness, and fatigue. Dr. Scott recommended that applicant be permanently limited to light work with a minimum of physical effort and no stress.
Note:	Apportionment to preexisting disability must be based on evidence that preexisting condition was labor disabling.
Citation:	231 Cal.App.3d 1640, 56 CCC 408
WCC Citation:	WCC 24761991 CA

Case Name:	Kinsman v. Unocal Corp.		12/19/2005
Summary:	Kinsman argued that given industry knowledge, Unocal should have warned Kinsman's employer or adopted various safety measures. But Unocal argued that Kinsman was not exposed to levels of asbestos that were considered unsafe at the time. Kinsman, in closing argument, pointed to the lack of evidence that Unocal complied with the industry standards, as well as testimony questioning the validity of those standards. Kinsman submitted his case on two theories of liability: first, a premises liability theory, that Unocal was negligent in the use, maintenance, or management of the areas where Kinsman worked; second, that Unocal was negligent in the exercise of retained control over the methods of the work or the manner of the work performed by Kinsman. It assigned Unocal 15 percent of the fault in causing Kinsman's mesothelioma, with the remaining 85 percent of fault attributable to "all others," and awarded Kinsman over $3 million in compensatory damages against Unocal.
Note:	Landowner hiring independent contractor liable for injuries if landowner knows about and fails to warn contractor of hazardous condition.
Citation:	37 Cal. 4th 659
WCC Citation:	WCC 31332005 CA