Case Name:	Arriaga vs. County of Alameda		04/25/1995
Summary:	LINDA ARRIAGA, Plaintiff and Appellant, v. COUNTY OF ALAMEDA et al. , Defendants and Respondents. (Superior Court of Alameda County, No. 710500-3, James R. Lambden, Judge. )* Linda Arriaga appeals from a judgment dismissing her action for personal injury against respondents County of Alameda (County) and State of California (State). [Arriaga] was assigned by Cal Trans to clean greasy walls of a ventilation duct deep inside the building over the Posey Tube connecting the city of Alameda to Oakland. In each of those cases the person injured was, unlike Arriaga, a county jail inmate at the time of the injury.
Note:	Person convicted of crime but not incarcerated, who performs community service in lieu of paying a fine, is an employee.
Citation:	9 Cal.4th 1055
WCC Citation:	WCC 28761995 CA

Case Name:	Arteaga v. Brink's Inc.		05/28/2008
Summary:	Ruiz also spoke to Arteaga, letting him know that there was an ongoing investigation into the March 1, 2004 variance. At his deposition, Arteaga said he began experiencing these symptoms "[p]robably a year before, two years before" he reported them. But Arteaga concluded that the policy did not apply to him because he was not to blame for his injuries. The physician indicated that Arteaga could return to work without any restrictions and completed a workers' compensation form to that effect. From March 17, 2004 -- when Arteaga first mentioned his symptoms -- to March 23, 2004 -- the day of his termination, Arteaga did not display any difficulty in performing his duties.
Note:	Where the employee relies solely on temporal proximity in response to the employer's evidence of a nonretaliatory reason for termination, he or she does not create a triable issue as to pretext, and summary judgment for the employer is proper.
Citation:	B194082
WCC Citation:	WCC 33742008 CA

Case Name:	Ashdown vs. Ameron Int'l Corp.		08/17/2000
Summary:	ELLEN ASHDOWN, Individually and as Executor, etc. , et al. , Plaintiffs and Appellants, v. AMERON INTERNATIONAL CORPORATION, Defendant and Respondent. This action was brought against respondent Ameron International Corporation (Ameron) by his estate, by and through the decedent's surviving spouse and executor Ellen Ashdown (Ashdown) and his children Kristy Smith and Ian Smith, alleging wrongful death and survival rights of action for negligence, strict liability and loss of consortium caused by his exposure to asbestos during his employment as a pipe inspector for respondent's predecessor company. On April 9, 1997, appellants filed a motion for leave to file a first amended complaint naming Ameron as a defendant, alleging they had failed to name Ameron as a defendant initially because they had only 'recently learned of facts indicating liability of Ameron . Respondent subsequently moved for summary judgment on these grounds, and noticed a hearing to be held on Friday, July 3, 1998. We conclude on the basis of the undisputed evidence that the trial court's grant of summary judgment was correct, and therefore affirm.
Note:	Dual Capacity and Fraudulent Concealment doctrines narrowly construed v. exclusive remedy.
Citation:	83 Cal.App.4th 868, 65 CCC 1026
WCC Citation:	WCC 24172000 CA

Case Name:	Ashley v. WCAB		08/01/1995
Summary:	AUDLEY ASHLEY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, PRODUCTION DEVELOPMENT CORPORATION et al. , Respondents. Facts and Procedural History Applicant Audley Ashley, born June 8, 1948, was employed in various clerical capacities with different employers, and developed severe carpal tunnel symptoms in both hands and extremities. While on a banking errand for her employer, the San Luis Obispo YMCA, applicant's vehicle was hit by another car. This employer did not advise applicant of her compensation rights, either, and in addition was uninsured for workers' compensation. The purpose of this section is to overrule the decision in Jensen v. WCAB, 136 Cal. App. 3d 1042 [186 Cal. Rptr.
Note:	Employer need not compensate a worker for a disability from a preexisting perm. disability.
Citation:	37 Cal.App.4th 320, 60 CCC 683
WCC Citation:	WCC 24751995 CA

Case Name:	Astudillo v. Duggleby		09/26/2007
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE JOSE ASTUDILLO et al. , Plaintiffs and Respondents, v. KURT DUGGLEBY, Defendant and Appellant. FACTS AND PROCEDURE While working at his landscape job, Jose Astudillo was struck by a car driven by Kurt Duggleby. As part of the settlement, Zurich assigned to Duggleby its $92,787. 56 lien on any judgment Astudillo might obtain against Duggleby. The trial court entered a judgment that recited the jury's verdict, but which stated because Duggleby held the Zurich's lien, Astudillo would have to recover a verdict in excess of $92,787. 56 before Duggleby was obliged to pay anything on the judgment. The judgment then permitted Duggleby to assert the Zurich lien to offset any remaining balance that would otherwise have been owed to Astudillo.
Note:	[Unpublished] It is participation in creating the common fund, or the fund from which a lien may be satisfied, that is relevant to the application of section 3856. Nominal participation is not sufficient and 'the question of whether a party is an active participant in litigation is one of fact for the trial court to decide.
Citation:	G038287, 05CC08248
WCC Citation:	WCC 32612007 CA

Case Name:	Atascadero USD v. WCAB (Geredes)		05/28/2002
Summary:	ATASCADERO UNIFIED SCHOOL DISTRICT, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD; CARRIE GEREDES, Respondents. COUNSEL Goldman, Magdalin & Krikes, Kim A. Enriquez, George A. Krikes for Petitioner Atascadero Unified School District. She saw a psychiatrist who diagnosed major depression and found her temporarily totally disabled from October 18 through December 1999. The WCJ found that no compensable psychiatric injury occurred because the gossip concerned a personal matter unrelated to Geredes' employment. We annul the award and remand to the WCAB with directions to withdraw its order granting reconsideration and issue a new order denying Geredes' petition for reconsideration.
Note:	Gossip insufficient to support claim for psychiatric injury.
Citation:	98 Cal.App.4th 880
WCC Citation:	WCC 28552002 CA

Case Name:	Atlantic Richfield Co. v. WCAB		05/20/1982
Summary:	ATLANTIC RICHFIELD COMPANY et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD, CARMAN ARVIZU et al. , Respondents (Opinion by Richardson, J. , with Mosk, Kaus and Broussard, JJ. , and Hastings, J. , concurring. First, in cases in which the surviving spouse is employed, how should partial dependency be determined and death benefits computed?[31 Cal. 3d 720] The Legislature elected not to reinstate the presumption of total dependency, and in 1979 it amended section 3501, removing subdivision (a). Several different approaches have been suggested for determining the appropriate amount of the award to a partial dependent. 'The marital community is something more than the sum of the economic interests of individuals who make it up.
Note:	For partial dependency, widow must establish annual amount of support from husband's earnings.
Citation:	31 Cal.3d 715, 47 CCC 500
WCC Citation:	WCC 25811982 CA

Case Name:	Aubry v. WCAB		07/28/1997
Summary:	LLOYD W. AUBRY, JR. , as Director, etc. , Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, EDGAR AMORES et al. , Respondents. If the award is not paid by the employer, the award, upon application by the person entitled thereto, shall be paid by UEF. Proper service of the required documents on an employer is essential to the Board's personal jurisdiction of the employer. Comp. Cases 254, establishes that the employer must be served with a copy of the application for adjudication of claim. An application for adjudication was only filed with the Board at any time there was a dispute, i. e. , when trial was required on an issue.
Note:	Service of claim form is proper notice to employer for injuries in years 1990-93.
Citation:	56 Cal.App.4th 1032, 62 CCC 870
WCC Citation:	WCC 24371997 CA

Case Name:	Audiss v. City of Rohnert Park		04/02/2007
Summary:	Wendy Audiss, Applicant v. City of Rohnert Park, Redwood Empire Insurance Fund, Defendants W. C. A. B. No. SRO 0137956--WCAB Panel: Deputy Commissioner Hannigan, Commissioners Caplane, Murray (concurring, but not signing) Workers' Compensation Appeals Board (Panel Decision) Opinion Filed April 2, 2007 Opinion By: Deputy Commissioner Dennis J. Hannigan OPINION: OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, City of Rohnert Park, permissibly self-insured, seeks reconsideration of the Findings and Award, issued January 8, 2007, in which a workers' compensation administrative law judge (WCJ) awarded applicant, Wendy Audiss, 3% permanent disability and further medical treatment pursuant to the parties' Stipulations with Request for Award. Statement of Facts Applicant sustained an admitted industrial cumulative injury to her right wrist over the period ending October 26, 2005, while employed by the City of Rohnert Park as a Recreation Supervisor. She received medical treatment through the Occupational Health Clinic at Kaiser Permanente in Rohnert Park. AWARD AWARD IS MADE is favor of WENDY AUDISS, and against CITY OF ROHNERT PARK, permissibly self-insured, as follows: A. WORKERS' COMPENSATION APPEALS BOARD Deputy Commissioner Dennis J. Hannigan I concur, Commissioner Ronnie G. Caplane Commissioner Janice Jamison Murray (concurring, but not signing) ===========Footnotes=========== .
Note:	Defendant is entitled to the benefit of Labor Code section 4658(d)(3)(A), as agreed upon by the parties in their Stipulated Award.
Citation:	SRO 0137956
WCC Citation:	WCC 34392007 CA

Case Name:	Avalon Bay Foods v. WCAB		08/20/1998
Summary:	Avalon Bay Foods v. Workers' Comp. AVALON BAY FOODS et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and ROBERT MOORE, Respondents. For that reason, they are subject to the 60-day time limit for payment applicable to other medical treatment benefits. I In February 1995, petitioner Robert Moore, while employed as a food production worker for Avalon Bay Foods, suffered injury to his left leg ultimately resulting in amputation below the knee. The workers' compensation judge ruled that ITT Hartford unreasonably delayed payment of the medical treatment transportation benefit.
Note:	No penalty if reimbursable medical expense paid within 60 days of receipt.
Citation:	18 Cal.4th 1165, 63 CCC 902
WCC Citation:	WCC 3951998 CA

Case Name:	Aveni v. Board of Chiropractic Examiners		01/24/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) No. C052955 January 24, 2008 MICHAEL D. AVENI, PLAINTIFF AND APPELLANT, v. BOARD OF CHIROPRACTIC EXAMINERS, DEFENDANT AND RESPONDENT. The Board of Chiropractic Examiners (the Board) brought a disciplinary action against Michael Aveni, D. C. , alleging unprofessional conduct and sexual misconduct in the treatment of several female patients. *fn1 In response to the allegations, Aveni wrote a letter to the investigator for the Board, denying any inappropriate behavior. One day she invited Aveni and his wife over for lunch so a neighbor could give them massages. S. F. was hoping Aveni would hire the neighbor. Further, Carlisle would confirm C. K. did not complain about Aveni and Carlisle subsequently referred clients to Aveni, showing his trust and confidence in Aveni.
Note:	An incorrect interpretation of the law arrived at by the application of an incorrect legal theory cannot invalidate an administrative determination otherwise correct in result.
Citation:	C052955
WCC Citation:	WCC 33062008 CA

Case Name:	Avila v. WCAB		12/30/1970
Summary:	LEONIDES AVILA, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, B. S. BAINS et al. , Respondents (Opinion by Friedman, J. , with Pierce, P. J. , and Janes, J. , concurring. )1 Before the accident Mr. Avila, the applicant, had a permanent deformity of the right hip and leg as the result of an inflammatory disease during childhood. Nevertheless, he made a living as a farm laborer, picking and thinning fruit and ground crops and pruning trees. His hip and leg condition appears to have been stationary; at least, there is no evidence that it was progressive. [1a] Mr. Avila claims that his condition before the accident did not disable him from pursuing his occupation; thus, that this is a 'lighting up' [14 Cal. App. 3d 37] case, chargeable entirely to the job in which the accident occurred.
Note:	PD when impairment of earning capacity or normal use of a member, or handicap in labor mkt.
Citation:	14 Cal.App.3d 33, 35 CCC 637
WCC Citation:	WCC 25111970 CA

Case Name:	Avila-Gonzalez v. Workers' Compensation Appeals Board		10/07/2010
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO No. A126429 October 7, 2010 ARMANDO AVILA-GONZALEZ, PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD AND BARRETT BUSINESS SERVICES, INC. , RESPONDENTS. This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115. Petitioner Armando Avila-Gonzalez petitions for review of an order by a divided panel of the Workers' Compensation Appeals Board (Board). In many instances, the 2005 PDRS reduces the amount of compensation a worker will receive for a permanent disability. In its opinion, the Board also stated that Dr. Taylor's November 2004 report was "not an indication of permanent disability. "If so, the Board should apply the 1997 PDRS; if not, the Board should apply the 2005 PDRS.
Note:	Faced with conflicting case law about what needs to be present in a doctor's report for the 1997 Permanent Disability Rating Schedule to apply, the 1st District Court of Appeal on Thursday sided with the Genlyte decision and remanded back to the Workers' Compensation Appeals Board for a decision about whether a medical report written before 2005 stated that the applicant was permanently disabled.
Citation:	A126429
WCC Citation:	WCC 36762010 CA

Case Name:	Ayala et al. v. Antelope Valley Newspapers, Inc.		09/19/2012
Summary:	Maria Ayala et al v. Antelope Valley Newspapers, Inc B235484 /19/2012 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR September 19, 2012 MARIA AYALA ET AL. , PLAINTIFFS AND APPELLANTS, v. ANTELOPE VALLEY NEWSPAPERS, INC. , DEFENDANT AND RESPONDENT. Plaintiffs Maria Ayala, Rosa Duran, and Osman Nunez appeal from an order denying their motion for class certification. Code, § 1174); and (8) violation of Business and Professions Code section 17200 (based upon the alleged violations of the Labor Code). The complaint alleges that AVP publishes the Antelope Valley Press, a general circulation newspaper that is distributed under the auspices of AVP. In addition to the daily newspaper AVP publishes, the agreements require carriers to deliver a weekly publication, the Antelope Valley Express.
Note:	A group of newspaper home delivery carriers were entitled to assert a class action against their employer based on their alleged misclassification as independent contractors.
Citation:	B235484
WCC Citation:	WCC 39422012 CA

Case Name:	Babbitt v. Ow Jing dba National Market and Golden Eagle Insurance Co.		01/24/2007
Summary:	WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. STK 0174793 OPINION AND DECISION AFTER RECONSIDERATION (EN BANC) SHARON BABBITT, Applicant, vs. OW JING dba NATIONAL MARKET; and GOLDEN EAGLE INSURANCE COMPANY, Defendants. *fn 2* BACKGROUND Applicant, Sharon Babbitt, sustained admitted industrial injury to her back and neck on July 1, 1999, while employed as a stock clerk by Ow Jing, doing business as National Market, and insured by Golden Eagle Insurance Company. On June 5, 2006, applicant filed a Declaration of Readiness to Proceed to Expedited Hearing regarding her entitlement to medical treatment. In the instant case the additional year was in fact provided, thus there is no impediment to transfer to the MPN. An Employer Or Insurer May Satisfy Its Obligation To Provide Reasonable Medical Treatment Under Section 4600 Through An Authorized MPN.
Note:	A defendant may satisfy its obligation under Labor Code section 4600 to provide reasonable medical treatment by transferring an injured worker into an MPN in conformity with applicable statutes and regulations regardless of the date of injury or the date of an award of future medical treatment.
Citation:	STK 0174793
WCC Citation:	WCC 32082007 CA

Case Name:	Badillo v. Abc Industries, Inc. et al.		03/16/2012
Summary:	Leticia Marin Badillo v. Abc Industries, Inc. et al. No. B227714 (Cal. App. Dist. 2 03/16/2012) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE March 16, 2012 LETICIA MARIN BADILLO, PLAINTIFF AND APPELLANT, v. ABC INDUSTRIES, INC. Plaintiff alleges she was employed for eight years as a janitor, assigned to work at the Century Plaza Towers facilities. On January 26, 2004, defendant's district manager, Eliseo Gutierrez, terminated plaintiff's employment for excessive absenteeism with approval from Mr. Bassin. On March 22, 2006, plaintiff was suspended pending Mr. Martinez's investigation of whether she had falsified her sign-in log sheets. Defendants, ABM Industries Incorporated, ABM Janitorial Services -- Southwest Inc. , are to recover their costs on appeal from plaintiff, Leticia Marin Badillo.
Note:	A janitor who was hired and fired by the same company on three different occasions was time-barred from asserting her claims of harassment, retaliation, disability discrimination, wrongful termination and violation of the Family Rights Act.
Citation:	B227714
WCC Citation:	WCC 38752012 CA

Case Name:	Bagatti v. Dept. of Rehab		04/02/2002
Summary:	MARILYN BAGATTI, Plaintiff and Appellant, v. DEPARTMENT OF REHABILITATION et al. , Defendants and Respondents. Plaintiff, Marilyn Bagatti, is and at all times hereinafter mentioned was a resident of Sacramento County, California. The reviewing court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. Plaintiff Has Pleaded a Valid Cause of Action for Damages Caused by an Unlawful Employment Practice Under the FEHA. Plaintiff first contends she has adequately pleaded that she suffers from a physical disability within the meaning of the FEHA.
Note:	FEHA suit is not barred by exclusive remedy doctrine.
Citation:	97 Cal.App.4th 344
WCC Citation:	WCC 28462002 CA

Case Name:	Baglione v. Hertz Car Sales		04/06/2007
Summary:	WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. SJO 0251644 OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION (EN BANC) JOSEPH BAGLIONE, Applicant, vs. HERTZ CAR SALES; AIG; and CAMBRIDGE INTEGRATED SERVICES (Adjusting Agent), Defendant. Defendant, being newly aggrieved, seeks reconsideration of the en banc decision issued by the Appeals Board on January 24, 2007. (E. g. , People v. Wright (1990) 52 Cal. 3d 367, 382-383; In re Raphael P. (2002) 97 Cal. App. 4th 716, 722. )Accordingly, we are free to reconsider our prior en banc decision and to reach a different conclusion. However, this change of Appeals Board members does not affect our ability to reconsider that en banc decision.
Note:	For the 1997 Schedule to apply under section 4660(d), the existence of permanent disability must be indicated in either a pre-2005 comprehensive medical-legal report or a pre-2005 report from a treating physician.
Citation:	72 CCC 444
WCC Citation:	WCC 32142007 CA

Case Name:	Baglione v. Hertz Car Sales and AIG		01/24/2007
Summary:	See Baglione v. Hertz Car Sales (04/06/07) WCC Citation: WCC 32142007 CA. WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. SJO 0251644 OPINION AND DECISION AFTER RECONSIDERATION (EN BANC) JOSEPH BAGLIONE, Applicant, vs. HERTZ CAR SALES, and AIG, Adjusted by CAMBRIDGE INTEGRATED SERVICES, Defendant(s). )*fn 4* In Aldi v. Carr, McClellan, Ingersoll, Thompson & Horn (2006) 71 Cal. Comp. Cases 783 (Board en banc), writ den. To properly construe this provision, it is only necessary to apply a longstanding rule of statutory construction: the last antecedent rule. AWARD AWARD IS MADE in favor of JOSEPH BAGLIONE, against HERTZ CAR SALES and AIG, adjusted by CAMBRIDGE INTEGRATED SERVICES, of: (a) Further medical treatment reasonably required to cure or relieve from the effects of the injury to the low back.
Note:	The PDRS that was in effect at the time of the comprehensive medical-legal report is applicable.
Citation:	72 CCC 86
WCC Citation:	WCC 32072007 CA

Case Name:	Bailey v. Reliance Ins. Co.		03/28/2000
Summary:	STEPHEN S. BAILEY et al. , Plaintiffs and Appellants, v. RELIANCE INSURANCE COMPANY, Defendant and Respondent. OPINION CURRY, J. - Appellants Stephen S. and Jeannette Bailey settled a personal injury action with the driver of a car who injured Mr. Bailey and the driver's employer. Under the terms of the settlement, Mrs. Bailey was to receive $200,000 for loss of consortium, and Mr. Bailey was to receive nothing for his personal injury claim. If, as is often the case, Mr. Bailey requires additional medical treatment or rehabilitation services, he may seek additional benefits from Reliance. To the contrary, those defendants owed an independent obligation to Reliance to reimburse it for amounts paid on behalf of Mr. Bailey.
Note:	Employer's settlement of past benefits in 3rd party case does not defeat credit against future benefits.
Citation:	79 Cal.App.4th 449, 65 CCC 375
WCC Citation:	WCC 23872000 CA

Case Name:	Baillargeon v. Dept. of Water & Power		05/11/1977
Summary:	DORIS BAILLARGEON, Plaintiff and Appellant, v. DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES et al. , Defendants and Respondents (Opinion by Jefferson (Bernard), J. , with Kingsley, Acting P. J. , and Dunn, J. , concurring. )Plaintiff Doris Baillargeon filed against defendants Department of Water and Power of the City of Los Angeles (hereinafter, Department), Water and Power Employees Retirement Plan (hereinafter, The Plan), and Board of Administration of the Water and Power Employees Retirement Plan (hereinafter, Board), a complaint entitled '1. 'Like the demurrer, the motion for judgment on the [69 Cal. App. 3d 676] pleadings is confined to the face of the pleading under attack. Second, a sufficient complaint cannot be thus attacked by reference to matters set forth in the answer. Labor Code sections 5900, 5903 and 5950 establish that plaintiff's compensation award was not final on January 14, 1972.
Note:	Tolling rule suspends statute of limitations to date decision becomes final, not when filed.
Citation:	69 Cal.App.3d 670, 42 CCC 1142
WCC Citation:	WCC 26531977 CA

Case Name:	Baker v. WCAB (Guerrero)		07/28/2017
Summary:	Filed 7/28/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT .             CHRISTINE BAKER, as Administrator, etc. , Petitioner, .             v. .             WORKERS' COMPENSATION APPEALS BOARD and JIM GUERRERO, Respondents. .             H043291 .             (W. C. A. B. No. ADJ1377005) .             WRIT OF REVIEW .             We granted the petition for writ of review in this matter to answer a previously unresolved question: At what point does the Subsequent Injuries Benefits Trust Fund, the state fund that pays workers’ compensation benefits to certain permanently disabled workers, begin to owe those benefits to a qualifying applicant?.           Under the relevant statutes, the SIBTF pays a portion of the permanent disability compensation owed to a qualifying worker. .           We find further support for our reading of the statute in the Supreme Court’s reasoning in Baker v. Workers’ Comp. .           WE CONCUR: .           ____________________________ Premo, Acting P. J.
Note:
Citation:	H043291
WCC Citation:	W.C.A.B. No. ADJ1377005

Case Name:	Baker v. WCAB (Sierra Pacific Fleet Services)		07/17/2017
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 THIRD APPELLATE DISTRICT .             JACK BAKER, Petitioner, .             v. .             WORKER'S COMPENSATION APPEALS BOARD, SIERRA PACIFIC FLEET SERVICES et al. , Respondents. .             C080895 .             (WCAB No. ADJ8111772) .             Petitioner Jack Baker, a diesel mechanic employed by respondent Sierra Pacific Fleet Services (Sierra Pacific) and insured by respondent State Compensation Insurance Fund (State Compensation), injured his knee, neck, and shoulder in the course of his employment in February 2010. .           Dr. Portwood prescribed the drugs Pennsaid and Norco for Baker in February 2014. .           After the matter was assigned to IMR, both Baker and Sierra Pacific promptly submitted medical information to Maximus. .           RAYE , P. J. .           We concur: .           ROBBIE , J.
Note:	The 2nd District Court of Appeal issued a decision in California Highway Patrol v. WCAB (Margaris), which found this time limit was "merely directory," and an untimely returned decision is still binding on the parties to a comp case.
Citation:	C080895
WCC Citation:	WCAB No. ADJ8111772

Case Name:	Baker v. WCAB (X.S.)		08/11/2011
Summary:	BAKER v. WORKERS' COMPENSATION APPEALS BOARD CHRISTINE BAKER, as Administrator, etc. , Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and X. S. , Respondents. Life pension payments commence once the worker's partial permanent disability payments have been exhausted, and thereafter continue weekly for life. He received temporary disability payments of $728 per week from the date of injury through October 19, 2006. *fn3 Petitioner in this matter, Christine Baker, is the Director of Industrial Relations serving as administrator of the SIBTF. The WCAB below agreed with the interpretation of the statutory language urged by applicant, suggesting that, "[t]his holding is also consistent with the second sentence of section 4659(c).
Note:	SAWW increase begins the January 1st of the year following the date the life pension or permanent total disability payments begin.
Citation:	S179194
WCC Citation:	WCC 37902011 CA

Case Name:	Bakersfield City School Dist. v. WCAB		09/21/2007
Summary:	Filed 9/21/07 Bakersfield City School Dist. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT BAKERSFIELD CITY SCHOOL DISTRICT et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and ROBERT BOYD, Respondents. -ooOoo- The Bakersfield City School District (School District) petitions for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB). On August 31, 2006, Boyd was traveling in a School District vehicle from Thorner Elementary School to his next assignment at Voorhies Elementary School. As Boyd appropriately observes, none of the cases cited by the WCAB and the School District limit workers' compensation recovery to only the circumstances presented.
Note:	[Unpublished] In light of his perception of danger to schools in the vicinity, combined with an absence of a specific employment policy prohibiting his conduct, the employee acted reasonably when engaging in a minor deviation from the course of his employment to assist the police in apprehending a fleeing suspect.
Citation:	72 CCC 1191
WCC Citation:	WCC 32572007 CA

Case Name:	Ballester v. Ecolab		02/23/2011
Summary:	ANTHONY BALLESTER, Plaintiff and Appellant, v. ECOLAB, INC. , Defendant and Respondent. BACKGROUND This lawsuit concerns Anthony Ballester's termination from his employment with Ecolab, Inc. Ballester claims his termination was due to a fraudulent report of his poor performance by his immediate supervisor, which was then ratified by Ecolab managers and corporate officers. He sued Ecolab as a result of his termination, seeking compensatory and punitive damages and reinstatement to his position. In addition, Ecolab argued the second amended complaint failed to state a claim for fraud because it did not and could not allege that Ballester relied on the allegedly fraudulent performance report. Finally, Ecolab argued that, as a matter of law, Ballester could not amend his complaint because workers' compensation provided his exclusive remedy.
Note:	A terminated employee's suit for intentional infliction of emotional distress contained allegations that were insufficient to avoid the bar of exclusive remedy.
Citation:	A129073
WCC Citation:	WCC 37162011 CA

Case Name:	Barba v. Wal-Mart Transportation		03/01/2010
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN ROBERT JOSEPH BARBA, SR. , Plaintiff and Respondent, v. WAL-MART TRANSPORTATION, LLC, et al. , Defendants and Appellants. After several weeks of physical therapy and follow-up visits with Dr. Tuazon, he referred Barba to Dr. Bruce Brown. Dr. Brown recommended Barba continue physical therapy and taking his medication and cleared Barba to return to work, but restricted to light duty. After more physical therapy Barba was returned to full duty in late 2005 even though, according to Barba, he was still in pain in his "back area," again defined by Barba to include his shoulder. *fn5 Dr. Sohn, who examined Barba on February 7, 2007, concluded Barba's shoulder injury had been caused by the accident.
Note:	[Unpublished] An employer's action for reimbursement against a third party tortfeasor is limited to recovery for damages proximately caused by the injury.
Citation:	B213376
WCC Citation:	WCC 36052010 CA

Case Name:	Barboza v. Webcor Construction		12/31/1969
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR .             FERNANDO BARBOZA, Plaintiff and Appellant, .             v. .             WEBCOR CONSTRUCTION L. P. , Defendant and Respondent. .             A147144 .             (Alameda County Super. INTRODUCTION .             Appellant Fernando Barboza appeals the trial court’s award of summary judgment in favor of his former employer, Webcor Construction L. P. Barboza alleged employment discrimination based upon his termination three months after a workplace injury. .             The workers’ compensation manager for Webcor, Danielle DiRicco, stated that Barboza never requested leave or accommodation. .           After February 12, 2013, and until his termination, Barboza never sought healthcare treatment for his injuries from the February 5 accident.
Note:	A California appellate court ruled that a construction worker failed to establish his claims for violation of the California Family Rights Act and the Fair Employment and Housing Act following an on-the-job injury.
Citation:	A147144
WCC Citation:	Alameda County Super. Ct. No. RG14737311

Case Name:	Barclay v. Jesse M. Lange Distributor, Inc.		05/11/2005
Summary:	Plaintiff Randall Barclay was injured by an explosion while working for his employer (nonparty Chico Drain Oil), cleaning fuel tanks on land owned by defendant Jesse M. Lange Distributor, Inc. (Lange), which is in the business of storing and selling gasoline to commercial and agricultural customers. The Summary Judgment Motion On May 2, 2002, Lange filed a motion for summary judgment on the complaint and cross-complaints filed against Lange by other defendants. The Reply On October 3, 2002, Lange filed a reply, which said nothing about causation or plaintiff's asserted facts. V. The Ruling On January 6, 2003, the trial court issued a written ruling granting summary judgment in favor of Lange. Here, plaintiff's focus is on arguing that Lange contributed to the hazard, not that Lange directly caused the explosion.
Note:	Property owner may be liable for injuries to independent contractor's employee where there was a breach in non-delegable regulatory duty.
Citation:	129 Cal.App.4th 281
WCC Citation:	WCC 30982005 CA

Case Name:	Barnes v. State Compensation Ins. Fund CA		11/19/2019
Summary:	Margie R. Lariviere, Anthony Lewis, Gina Marie Ong, Linda S. Platisha and Gary R. Soliman for Defendant and Respondent State Compensation Insurance Fund. Barnes also purports to appeal from the trial court’s minute order sustaining the demurrer of State Compensation Insurance Fund (SCIF). Both seemingly allege defendants conspired to defraud Barnes of his workers’ compensation benefits, as follows. In April 1993,     We state the facts as alleged in the complaint and include background facts where needed as described in Barnes v. Workers’ Comp. At that point, SCIF’s attorney Nelson and Barnes were sent to the presiding judge to seek a continuance.
Note:
Citation:	NC061385
WCC Citation:	Barnes v. State Compensation Ins. Fund CA 2/3

Case Name:	Barnes v. WCAB		07/10/2000
Summary:	RONNIE BARNES, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, EMPLOYMENT DEVELOPMENT DEPARTMENT et al. , Respondents. [23 Cal. 4th 681] COUNSEL Ronnie Barnes, in pro. (Neither applicant nor the record of proceedings explains the basis for EDD's alleged failure to comply with the provisional award. )Dr. Feiwell prepared a second report on June 17, 1996, after reviewing a '24 inch stack of [applicant's] medical records. 'A hearing on the petition to terminate liability was held on March 5, 1998, before Workers' Compensation Referee (WCR) Louie.
Note:	CA. Supreme Ct. rules that Sec. 5803 is still subject to Sec. 5804's strict limitation period.
Citation:	23 Cal.4th 679, 65 CCC 78
WCC Citation:	WCC 26452000 CA

Case Name:	Barney v. National Gypsum Co.		09/15/2011
Summary:	In May 2007, decedent Timothy Barney died while repairing a conveyer system on NGI, Inc. 's (National Gypsum) property. In May 2008, plaintiffs Michelle Barney, Christina Barney, and others (collectively plaintiffs) filed a workers' compensation action against National Gypsum and Jenson Mechanical (Jenson) alleging Barney was an employee of both companies when he sustained injuries causing his death. Approximately one year later, plaintiffs filed a wrongful death lawsuit against National Gypsum in Contra Costa County Superior Court alleging Barney was an employee of Jenson "working at" property owned by National Gypsum. The allegations in plaintiffs' complaint mirrored the allegations in their workers' compensation petition, except that plaintiffs alleged Barney was an employee of Jenson not National Gypsum and that he was "working at" property owned by National Gypsum when he fell from the conveyer system. According to plaintiffs, their dismissal of National Gypsum from the workers' compensation action meant there was "no other action pending involving National [Gypsum].
Note:	A decedent's survivors could not avoid a stay on their wrongful death lawsuit by dismissing their workers' compensation claim against the decedent's potential employer.
Citation:	A128854
WCC Citation:	WCC 38012011 CA

Case Name:	Baroid v. WCAB		07/14/1981
Summary:	N. L. BAROID, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and THOMAS G. HANCOCK, Respondents. The WCAB has found that applicant's injury is compensable under the Workers' Compensation Act. Applicant and the WCAB, however, assert that the injury is compensable under one or more exceptions to the going and coming rule. Relying upon the above analysis of the workers' compensation judge, the WCAB denied reconsideration. The workers' compensation judge's decision, which the WCAB adopted, here relies specifically upon L. A. Jewish etc. Council v. Ind.
Note:	Discussion of exceptions to 'going and coming' rule.
Citation:	121 C.A.3d 558
WCC Citation:	WCC 28531981 CA

Case Name:	Barr v. WCAB		06/23/2008
Summary:	We conclude the WCAB retains discretion to award costs whether or not the report itself is admissible. Because the WCAB failed to exercise its discretion in Barr's case by erroneously finding that an inadmissible report precludes an award of costs as a matter of law, we remand the case to the WCAB to exercise its discretion. FACTS Jim Barr had preexisting injuries when, in August 1999, he sustained additional injuries while working for Maita Oldsmobile Body Shop as an estimator. We now address whether the WCAB has the discretion to award costs for the preparation of a vocational rehabilitation consultant's report. Because these costs are not defined by statute, the WCAB and SIF venture far and wide to resolve our narrow issue.
Note:	The WCAB retains discretion to award costs under Labor Code section 5811, whether or not a vocational rehabilitation consultant's report itself is admissible under Labor Code section 5703.
Citation:	C054907
WCC Citation:	WCC 33872008 CA

Case Name:	Barragan vs. WCAB, Hartford		10/19/1987
Summary:	SANDRA BARRAGAN, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and HARTFORD ACCIDENT AND INDEMNITY COMPANY, Respondents (Opinion by Best, J. , with Hamlin, Acting P. J. , and Ivey, J. , concurring. )By arrangements made through Galen College, Barragan began her externship program in the Rehabilitation Services Department at Saint Agnes Hospital. As Barragan sat down to take the blood pressure, her back popped, and she lost the feeling in her legs. Mrs. Miller did not offer Barragan a job and, in fact, had no authority to do so without administrative approval. The objective actions of Barragan and Saint Agnes Hospital clearly indicate that these parties intended an arrangement in which Barragan performed services for the hospital and the hospital provided training and instruction to Barragan to enable her to earn her diploma.
Note:	Worker who receives instruction and training in lieu of monetary remuneration is an employee.
Citation:	195 Cal.App.3d 637
WCC Citation:	WCC 29781987 CA

Case Name:	Barrett Business Services, Inc v. Workers' Compensation Appeals Board and Rafael Rivas		03/22/2012
Summary:	Barrett Business Services, Inc v. Workers' Compensation Appeals Board and Rafael Rivas, No. B233168 (Cal. App. Dist. 2 03/22/2012) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE B233168 March 22, 2012 BARRETT BUSINESS SERVICES, INC. , PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD AND RAFAEL RIVAS, RESPONDENTS, (Los Angeles County W. C. A. B. Case No. ADJ2596770) PROCEEDING to review a decision of the Workers' Compensation Appeals Board. A compromise and release of the workers' compensation claim of applicant Rafael Rivas contained an incorrect address for Rivas. His employer, Barrett Business Services, Inc. (Barrett), sent a $17,000 check to Rivas at the incorrect address. Thus the Workers' Compensation Administrative Law Judge's order and award correctly found that Barrett was liable to pay settlement proceeds of $17,000 to Rivas. Barrett petitioned to the Workers' Compensation Appeals Board (WCAB) for reconsideration of that order and award.
Note:	An employer must send an injured worker a second $17,000 settlement check after the first check was signed and cashed by an unknown party.
Citation:	B233168
WCC Citation:	WCC 38722012 CA

Case Name:	Barrueta v. Ralphs Grocery Company		08/16/2012
Summary:	Mark Barrueta v. Ralphs Grocery Company No. B233152 (Cal. App. Dist. 2 08/16/2012) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR B233152 August 16, 2012 MARK BARRUETA, PLAINTIFF AND APPELLANT, v. RALPHS GROCERY COMPANY, DEFENDANT AND RESPONDENT. ISI hired the ODO's specifically to work as armed security guards at various facilities of defendant Ralphs Grocery Company (Ralphs) during the "Southern California Supermarket Strike of 2003-2004" (strike), which lasted from October 2003 to February 2004. provided services to Ralphs Grocery Company through [ISI]; 3. )"These declarants testify, almost identically, that they were directed to perform grocery store duties by the Ralphs store managers. The store managers testify that Ralphs told them that the off-duty peace officers were not to perform grocery store duties.
Note:	A trial court judge did not abuse his discretion in declining to grant class certification to a group of off-duty and retired peace officers who worked as security guards at various California grocery stores during a labor strike on their claims that they were misclassified as independent contractors.
Citation:	B233152
WCC Citation:	WCC 39202012 CA

Case Name:	Bartholomew v. SeaRiver Maritime, Inc.		03/16/2011
Summary:	BARTHOLOMEW v. SEARIVER MARITIME, INC. ALAN BARTHOLOMEW, Plaintiff and Appellant, v. SEARIVER MARITIME, INC. , Defendants and Respondents. This appeal arises from the asbestos-related injuries sustained by plaintiff Alan Bartholomew, a ship repair worker employed by West Winds, Inc. (West Winds), while working on various ships owned by defendant SeaRiver Maritime, Inc. (SeaRiver). Bartholomew brought suit against SeaRiver as a vessel owner under the Longshore and Harbor Workers' Compensation Act (33 U. S. C. 901, et seq. On April 4, 2007, Bartholomew filed a complaint seeking damages for his asbestos exposure against numerous defendants, including SeaRiver. Subsequently, in response to written discovery propounded by SeaRiver, Bartholomew reiterated that he was unable to name a specific SeaRiver vessel.
Note:	California's 1st District Court of Appeal has clarified the role of a maritime presumption about ship repair contractors in Longshore and Harbor Workers' Compensation Act suits against vessel owners, a defense attorney said.
Citation:	A127424
WCC Citation:	WCC 37282011 CA

Case Name:	Bassett-McGregor v. WCAB		11/09/1988
Summary:	Applicant was referred to Dr. William Owen by Dr. Virgil Reyes in 1979 for another opinion on her rapid heartbeat. In 1982, Dr. Owen told her to cut down on her hours because he felt the problem was related to her job. Applicant did not recall being under any unusual stress that morning, but remembered that it was 'extremely hot' at Kelly's. She returned to work full-time in January 1985 in her former capacity and continued to conduct sales in the field. 3 Dr. Reyes did indicate that he did not report the disability as a workers' compensation claim.
Note:	Amending claim for specific injury to one of cumulative injuries does not change date of filing.
Citation:	205 Cal.App.3d 1102, 53 CCC 502
WCC Citation:	WCC 27591988 CA

Case Name:	Batterton v. Dutra Group		01/23/2018
Summary:	.   FOR PUBLICATION .   UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT .   CHRISTOPHER BATTERTON, Plaintiff-Appellee, .   v. .   DUTRA GROUP, Defendant-Appellant. They are not proved, and we intimate no view as to whether punitive damages may ultimately turn out to be appropriate. .   The plaintiff, Christopher Batterton, was a deckhand on a vessel owned and operated by the defendant, Dutra Group. While Batterton was working on the vessel in navigable waters, a hatch cover blew open and crushed his left hand. The lack of a mechanism for exhausting the pressurized air made the vessel unseaworthy and caused permanent disability and other damages to Batterton.
Note:	Despite a split among the federal appellate circuits, the U.S. 9th Circuit Court of Appeals is sticking to its view that a seaman can receive an award of punitive damages on an unseaworthiness claim.
Citation:	15-56775
WCC Citation: