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Case Law Library



 
Case Name: Anderson v. Union Oil Co. 07/17/1975
Summary: GEORGE L. ANDERSON, Plaintiff and Appellant, v. UNION OIL COMPANY OF CALIFORNIA, Defendant and Respondent (Opinion by Beach, J. , with Fleming, Acting P. J. , and Compton, J. , concurring. )OPINION BEACH, J. Respondent's employee appeals from a judgment in favor of respondent Union Oil Company in a class action for declaratory relief. The provisions for sick pay allowance are contained in the articles of agreement between respondent Union Oil and the appellant's labor union. Appellant received his full salary during the period of illness; $3,420 under the workmen's compensation statute and $2,095. 58 from respondent Union Oil Company pursuant to the company funded sick pay plan. Whether, under the Union Oil plan, sick pay is the equivalent of 'earnings' and a 'benefit' as defined by Labor Code sections 3751 and 3752. .
Note: Employer can provide in a voluntary benefit plan for credit against work comp. liabilities.
Citation: 49 Cal.App.3d 968, 40 CCC 970
WCC Citation: WCC 24601975 CA
 
 
Case Name: Andrade v. City of Milpitas 01/04/2013
Summary: ANDRADE v. CITY OF MILPITAS YVONNE ANDRADE, Plaintiff and Appellant, v. CITY OF MILPITAS, Defendant and Respondent. Plaintiff Yvonne Andrade brought an action against defendant City of Milpitas (City) for failure to accommodate her disability. Though a physical therapist recommended in October 2008 that Andrade work part-time, Andrade never requested permission from the City to work less than 40 hours per week. In order for Andrade to be paid instead of having to take leave without pay, the City permitted Andrade to call her supervisor the day she was too ill to work and use vacation time. Andrade never provided a doctor's recommendation to the City that she should work from home due to her medical condition.
Note: A municipal employer who allowed an employee to miss more than one out of every 10 days of work over a two-year period because of her fibromyalgia and made arrangements for her to work from home, made sufficient accommodation for the worker's disabilities.
Citation: H037124
WCC Citation: WCC 39702013 CA
 
 
Case Name: Angelotti v. Walt Disney Company et al. 02/24/2011
Summary: ANGELOTTI v. WALT DISNEY COMPANY ANTHONY ANGELOTTI, Plaintiff and Appellant, v. THE WALT DISNEY COMPANY et al. , Defendants and Respondents. The court also concluded that The Walt Disney Company (Disney Company) and other defendants owed Angelotti no duty of care. Factual Background Second Mate entered into an agreement with Walt Disney Pictures in which Second Mate agreed to produce and Walt Disney Pictures agreed to finance two movies. Walt Disney Pictures is a subsidiary of Disney Company. Disney Company, Walt Disney Pictures, Buena Vista Productions, Jerry Bruckheimer, Inc. , Golden Oak Ranch Properties, Elliot, Quick, and Rose (collectively Disney defendants) together with Stephan Sports and Stephan filed a motion for summary judgment or summary adjudication in November 2008.
Note: Exclusive remedy barred a stuntman from suing a film production company because substantial evidence showed that it was his special employer, the 2nd District Court of Appeal ruled.
Citation: B219946
WCC Citation: WCC 37182011 CA
 
 
Case Name: Anguiano v. Ormco Corporation 11/04/2011
Summary: Plaintiff and appellant Rosalina Anguiano appeals from a summary judgment in favor of defendant and respondent Ormco Corporation. Ormco warned Anguiano that her quality of work was "totally unacceptable" and she needed to reduce her M. R. D. R. s to 2. 5 per month or face further disciplinary action. On October 27, 2006, Ormco gave Anguiano a written warning stating that she had received 52 M. R. D. R. s in the previous 12-month period. She asked Anguiano to go immediately to the medical clinic that Ormco uses for industrial injuries. Rodriguez was not Anguiano's supervisor or an agent of Ormco with respect to Anguiano.
Note: An employer is not liable for disability discrimination because undisputed evidence showed that it terminated a welder for poor performance.
Citation: B228600
WCC Citation: WCC 38212011 CA
 
 
Case Name: Antelope Valley Press v. California Ins. Comissioner 02/26/2008
Summary: Filed 2/26/08 Antelope Valley Press v. California Ins. This case poses the question whether, for purposes of worker's compensation insurance, persons who make deliveries of newspapers for the newspaper publisher Antelope Valley Press (AVP) are independent contractors or employees. AVP publishes a daily newspaper called the Antelope Valley Press (the Press). It is a magazine-type of publication, is delivered with the Press to subscribers of the Press, and comes out on the last Thursday of the month. The various parts of the Press are all delivered to the same location where the carrier normally picks up the Press.
Note: [Published as of 4/30/08] The carriers are employees for purposes of workers' compensation law, not independent contractors.
Citation: B198139
WCC Citation: WCC 33212008 CA
 
 
Case Name: Antonio Giusto v. City of San Mateo Personnel Board 12/16/2008
Summary: [U] Giusto v. City of San Mateo Personnel Board, No. A120144 (Cal. App. Dist. 1 12/16/2008) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE No. A120144 December 16, 2008 ANTONIO GIUSTO, PLAINTIFF AND RESPONDENT, v. CITY OF SAN MATEO PERSONNEL BOARD, DEFENDANT AND APPELLANT, CITY OF SAN MATEO, REAL PARTY IN INTEREST AND APPELLANT. This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115. Appellants City of San Mateo Personnel Board (Board) and City of San Mateo (City) seek review of the judgment entered following the issuance of a peremptory writ of mandate directing the Board to set aside its decision to terminate the employment of respondent Antonio Giusto. In her letter referring Giusto to Dr. Reynolds, Chief Manheimer provided background information regarding the Department's relationship with Giusto. *fn2 Additionally, Giusto was observed making an obscene gesture during a City Council meeting while a Council member was speaking. (Giusto v. City of San Mateo, A109567 (March 30, 2006) 2006 Cal. App. Unpub.
Note: The City of San Mateo Personnel Board made no error in law when it terminated a police sergeant who filed a workers' compensation claim for job-related stress, but was found by a psychologist to have a personality disorder because of his inability to accept constructive criticism.
Citation: A120144
WCC Citation: WCC 34682008 CA
 
 
Case Name: Appleby v. WCAB 07/29/1994
Summary: DONALD APPLEBY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and PACIFIC BELL, Respondents. Facts and Procedural History On April 18, 1990, applicant Donald Appleby, a splicing technician, injured his left knee while in the course and scope of his employment at defendant Pacific Bell. 2 On November 30, 1992, the WCJ made findings on the issue of the credit, denying the credit to Pacific Bell. 3 Pacific Bell sent a letter to Appleby on June 26, 1990, shortly after his injury, clearly advising him that Pacific Bell intended to recover Plan benefits paid to him from workers' compensation benefits. The Board concluded that applicant Appleby, by accepting benefits from the Plan after receipt of the letter, had thereby waived his right to object to the credit.
Note: Employer can credit paid private pension benefits against work comp. liabilities.
Citation: 27 Cal.App.4th 184, 59 CCC 520
WCC Citation: WCC 24521994 CA
 
 
Case Name: Applied Materials v. WCAB (unpublished) 05/07/2021
Summary: All parties (Applied Materials, Arrowood, XL Specialty, and Worker) petitioned the Workers’ Compensation Appeals Board (WCAB) for reconsideration. Arrowood’s petition also names the employer, Applied Materials, as a petitioner. History of Industrial Injuries, Medical Treatment, and Workers’ Compensation Claims Worker began working for Applied Materials in 1996 as an administrative assistant and was eventually promoted to program manager for marketing, communications, and international training programs. (2012) 77 Cal. Comp. Cases 445, 447-448 (Jaramillo) that section 4662 applied to total PD (100 percent) and that section 4660 applied to partial PD (0 percent to 99. 75 percent). 6 [unlike the WCAB’s en banc decisions, WCAB panel decisions are not binding on other WCAB panels or WCJ’s]. )
Note: A California appellate court ruled that a worker who was sexually exploited by her treating physician was not entitled to a permanent total disability award.
Citation: No. H047148
WCC Citation: No. H047148
 
 
Case Name: Arboleda v. WCAB 08/11/1967
Summary: Moss, J. Mccoy [253 CalApp2d Page 482] Avelino Arboleda, an employee of the Trinidad Hotel in Palm Springs, was killed in an automobile accident on Friday, the 13th of May, 1966. The application of his widow, Dorothy Arboleda, for an award of death benefits was denied by the Workmen's Compensation Appeals Board. There is nothing in the record to indicate that Mr. Arboleda was provided with a place at the hotel to rest during the afternoon [253 CalApp2d Page 488] interval. It cannot be said, therefore, that the shorter advance notice which he received resulted in greater additional risk to him than the five-day notice given to Mr. Arboleda. It is also true that Mr. Schreifer apparently did not report early for work with the same frequency that Mr. Arboleda worked the night shift.
Note: Commuting to work 2 a day for split shift is not extraordinary for purposes of special mission.
Citation: 253 Cal. App. 2d 481
WCC Citation: WCC 30461967 CA
 
 
Case Name: Argonaut Ins. Co. v. IAC 02/08/1961
Summary: ARGONAUT INSURANCE COMPANY (a Corporation), Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION and BUDDY D. SHELTON, Respondents. * Argonaut Insurance Company, as compensation carrier for an employer of one Shelton, seeks annulment of two decisions of the Industrial Accident Commission. At the time of the first two injuries applicant was employed by an employer for whom petitioner was the compensation carrier. Argonaut petitioned for reconsideration in proceedings Numbers 59 SBR 2781 and 59 SBR 3327. The commission having granted reconsideration, the findings and award of the referee were not the findings and award of the commission.
Note: IAC had power to grant recon. of its own decision as to all of consolidated cases.
Citation: 189 Cal.App.2d 23, 26 CCC 40
WCC Citation: WCC 27001961 CA
 
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