Case Name:	Garza v. WCAB (Sup. Ct. en banc)		10/20/1970
Summary:	JOE M. GARZA, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, McDONNELL-DOUGLAS AIRCRAFT COMPANY et al. , Respondents. On pushing the stand with his shoulder, petitioner felt something 'foreign' in his back, and a sharp pain in his tailbone. He first saw a dentist, who found nothing wrong with petitioner's teeth and who referred petitioner to other doctors. We find his back complaints and the treatment obtained therefor are attributable to the pre-existing condition reflected in the record. 'Moreover, in its opinion on reconsideration the board did not purport to rely upon this portion of Dr.
Note:	Generally, WCAB must accept as true uncontradicted and unimpeached evidence.
Citation:	3 Cal.3d 312, 35 CCC 500
WCC Citation:	WCC 26941970 CA

Case Name:	Garzoli v. WCAB		04/30/1970
Summary:	SUPREME COURT OF CALIFORNIA No. 29701 April 30, 1970 LAURA EDITH GARZOLI, PETITIONER, v. WORKMEN'S COMPENSATION APPEALS BOARD, CITY OF SAN LUIS OBISPO ET AL. , RESPONDENTS Morgan, Beauzay & Hammer and Victor H. Beauzay for Petitioner. Everett A. Corten, Rupert A. Pedrin, Nathan Mudge, Gabriel Sipos, T. Groezinger, Loton Wells and Arthur C. Jones for Respondents. On June 6, 1968, he began his regular shift at 4 p. m. and "checked out" with the lieutenant or watch manager at midnight. A few minutes later, his motorcycle was struck by a negligently driven automobile, and he sustained severe injuries, which caused his death July 4, 1968. In none of those cases, however, was the police officer riding conspicuously on the public streets in full uniform on a motorcycle.
Note:	Coming and going defense not applicable if officer required to wear uniform and render assistance.
Citation:	2 Cal. 3d 502
WCC Citation:	WCC 30451970 CA

Case Name:	Gay v. WCAB, Guarantee Collection Co.		08/30/1979
Summary:	NORMAN G. GAY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, GUARANTEE COLLECTION COMPANY et al. , Respondents. The initial treating psychiatrist, Robert P. Sedgwick, M. D. , indicated in his report of January 9, 1976, that Gay was 'psychologically disturbed. 'Dr. Sedgwick pointed out, however, that Gay had 'similar symptoms' prior to employment at Guarantee and that Gay had said that he felt subject to a series of persecutions since 1967. Gay suffers a psychiatric disability characterized by a schizoid personality with passive-aggressive features which antedated his current illness of longstanding duration. Respondent employers point out Dr. Naftulin expressed the opinion that Gay had psychiatric symptomatology prior to employment at Guarantee Collection.
Note:	Dr's report must demonstrate legal basis for apportionment under principle of reasonable medical probability.
Citation:	96 CA 3d 555, 44 CCC 817
WCC Citation:	WCC 28451979 CA

Case Name:	Gaytan vs. WCAB		05/28/2003
Summary:	Gaytan petitioned for reconsideration and the Workers' Compensation Appeals Board (WCAB) agreed that medical records can be addressed in supplemental reports, and Dr. Ainbinder's report as qualified medical evaluator was admissible. Even if the presumption remained with Dr. Heskiaoff, Gaytan argues further, the WCAB should have remanded the matter for consideration of Dr. Ainbinder's newly admitted report. Gaytan petitioned for reconsideration with the WCAB. Gaytan contends further that it was prejudicial error for the WCAB to affirm without remanding for the WCJ to consider Dr. Ainbinder's newly admitted report and his opinion as a whole. Tenet Applies The WCJ and WCAB concluded that Tenet applies because Dr. Heskiaoff as the primary treating physician discharged Gaytan from doctor-involved care prior to treatment prescribed by Dr. Ainbinder.
Note:	QME may be PTP after compliance with 4061, 4062, but disputes must be resolved per Reg 9785 before presumption apply.
Citation:	109 Cal.App.4th 200
WCC Citation:	WCC 29352003 CA

Case Name:	Gee vs. WCAB, Lucky Stores		03/22/2002
Summary:	SHELLY GEE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, LUCKY STORES, et al. , Respondents. Hanna, Brophy, McLean, McAleer & Jensen and Sherry L. Newton, for Respondents Lucky Stores and Kemper National Insurance Company. - Shelly Gee (Gee) petitions this court by a writ of review challenging the decision of the Workers' Compensation Appeals Board (WCAB). FACTUAL AND PROCEDURAL HISTORY Gee worked as a supermarket clerk for Lucky Stores, Inc. (Lucky) when she filed three separate workers' compensation claims alleging work-related injuries to her head, neck, shoulders, wrists, and upper extremities. Lucky also objected to admitting Dr. Rhoades's medical reports, claiming he inappropriately treated Gee after first serving as her QME.
Note:	PTP presumption need not be formally raised; it applies if facts support application.
Citation:	96 Cal.App.4th 1418
WCC Citation:	WCC 28422002 CA

Case Name:	Gelfo v. Lockheed Martin Corp.		06/02/2006
Summary:	CERTIFIED FOR PUBLICATION SUMMARY Appellant Charles Gelfo sued his former employer, respondent Lockheed Martin Aeronautics Company, a division of Lockheed Martin Corporation (Lockheed), alleging disability discrimination in violation of the Fair Employment and Housing Act (FEHA), (Gov. Code, § 12940, subds. Throughout his employment, Gelfo belonged to a labor union that was party to a collective bargaining agreement (CBA) with Lockheed. Gelfo said Lockheed was misinformed about his medical restrictions, and reiterated he had successfully completed the training without incident. Gelfo was laid-off from his position as a metal fitter in October 2000 as part of a reduction in force at Lockheed. Because Gelfo ceased being a Lockheed employee in October 2000, his claim for wrongful discharge, filed nearly two and one-half years later, was untimely.
Note:	Failure to accommodate or engage in interactive process following work injury where employer does not consider employee 'actually disabled' is violation of FEHA.
Citation:	140 Cal. App. 4th 34
WCC Citation:	WCC 31622006 CA

Case Name:	Gelson's Markets, Inc. v. WCAB (Fowler)		11/13/2009
Summary:	In making this determination, the WCAB did not apply the standard established by the California Supreme Court in Department of Rehabilitation v. Workers' Comp. The WCAB award finding Gelson's liable for discrimination pursuant to section 132a must therefore be annulled. The WCAB granted reconsideration to address the period of lost wages, and issued a decision on June 2, 2008. The WCAB amended the award to provide for reimbursement of lost wages for July 20, 2005, through January 6, 2007. Therefore the WCAB award in favor of Fowler and his attorneys and against Gelson's should be annulled.
Note:	The appropriate standard for determining discrimination against a industrially-injured worker is that set out by the Supreme Court in Rehabilitation v. Workers' Comp. Appeals Bd. (2003) 30 Cal.4th 1281 (Lauher).
Citation:	B209336
WCC Citation:	WCC 35782009 CA

Case Name:	General Casualty et. al., etc. vs. WCAB, CIGA		10/20/2004
Summary:	GENERAL CASUALTY INSURANCE et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and THE CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Respondents. COUNSEL Hogarth & Associates and Larry D. Hogarth; Benedon & Serlin, Douglas G. Benedon and Gerald M. Serlin for Petitioners General Casualty Insurance and Regent Insurance. Casualty claimed CIGA is an insurer of insolvency, and thus an insurer under Ins. Since CIGA received premium, the WCAB's decision gives CIGA a windfall while Assurance is doubly burdened. General Casualty Insurance (Casualty), a workers' compensation insurer of a special employer of industrially injured special employees provided by RemedyTemp, joined the proceedings.
Note:	Where the workers' compensation carrier for the general employer has become insolvent, and where there are no specific exclusions from the workers' compensation policy of the special employer, the policy provided by the insurer of the special employer constitutes
Citation:	123 Cal. App. 4th 202
WCC Citation:	WCC 30332004 CA

Case Name:	General Casualty Ins. v. WCAB		07/25/2005
Summary:	Hogarth & Associates and Larry D. Hogarth; Benedon & Serlin, Douglas G. Benedon and Gerald M. Serlin for Petitioners General Casualty Insurance and Regent Insurance. RemedyTemp, Jacuzzi, Assurance and Casualty petitioned the WCAB for reconsideration. The WCAB explained that general and special employers are jointly and severally liable to special employees for workers' compensation under Kowalski and McFarland. Code section 11663, Casualty argues that CIGA is an insurer for insolvency, and the statute applies broadly between insurers including CIGA. General Casualty Insurance (Casualty), a workers' compensation insurer of a special employer with an industrially injured special employee provided by RemedyTemp, joined the proceedings.
Note:	Policy not intended to extend to special coverage employees is not considered
Citation:	131 Cal. App. 4th 345; 31 Cal. Rptr. 3d 740
WCC Citation:	WCC 31072005 CA

Case Name:	General Foundry Service vs. WCAB (Jackson)		08/04/1986
Summary:	GENERAL FOUNDRY SERVICE et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD, WILLIAM EDWIN JACKSON et al. , Respondents (Opinion by Reynoso, J. , expressing the unanimous view of the court. )I. Jackson worked as a molder for General Foundry Service (General) for 29 years from 1952 to 1981. General has not provided Jackson with work within his capabilities and he remains unemployed. On petition for reconsideration, however, the judge decided that Jackson's disease was not stationary for a permanent disability rating. In addition, he emphasizes that General did not demonstrate that he was capable of obtaining any other work within his capabilities.
Note:	In cases of insidious, progressive diseases, the Board may tentatively rate the disability and reserve jurisdiction until P&S or until the permanent disability is 100%.
Citation:	42 Cal.3d 331; 51 CCC 375
WCC Citation:	WCC 29471986 CA