Case Name:	Cohen v. Memorial Sloan-Kettering Cancer Center		10/28/2008
Summary:	This memorandum is uncorrected and subject to revision before publication in the New York Reports. Edward Cohen, et al. , Respondents, v. Memorial Sloan-Kettering Cancer Center, et al. , Appellants. Submitted by Matthew W. Naparty, for appellants. Corp. , 93 NY2d 914 [1999]; Melber v 6333 Main St. , 91 NY2d 759, 763-64 [1998]). to which the "extraordinary protections of Labor Law 240(1) [do not] extend" (id.
Note:	The presence of two unconnected pipes protruding from a wall was not 'the risk which brought about the need for the [ladder] in the first instance.'
Citation:	00003
WCC Citation:	WCC 34472008 CA

Case Name:	Colantuono v. Lake		03/10/2021
Summary:	Filed 3/10/21 Colantuono v. Lake CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8. 1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8. 1115(b). IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO PATRICK COLANTUONO, Plaintiff and Appellant, E070592 v. (Super. Ct. No. RIC1614958) THOMAS LAKE et al. , OPINION Defendants and Respondents. INTRODUCTION On November 10, 2014, plaintiff and appellant, Patrick Colantuono, incurred an injury when he fell off a residential roof while performing work. The motion was also accompanied by declarations from Thomas and Sandra Lake. Plaintiff also submitted excerpts from the deposition testimony of Thomas Lake.
Note:	A California appellate court ruled that property owners who had hired a contractor to work on their home were shielded from liability to the contractor’s injured employee, pursuant to the Privette doctrine.
Citation:	E070592
WCC Citation:	E070592 unpublished

Case Name:	Coldiron v. Compuware; Gallagher Bassett		03/20/2002
Summary:	At that time, defendants indicated that Compuware Corporation was permissibly self-insured, by and through Gallagher Bassett Services, Inc. We now understand that for the date of the injury, Compuware was insured by Reliance National Insurance, adjusted by Gallagher Bassett Services, Inc. , as its adjusting agent. For more than five years, this case has been proceeding with information that Compuware was self-insured and adjusted by Gallagher Bassett. For over six years, in the present case, it appears Gallagher Bassett Services, Inc. [6] failed to disclose the correct entity for whom it administered applicant's claim. 3/3/99, 2/1/99, and 11/9/98 identifying the 'Carrier' as Gallagher Bassett Services for the employer Compuware Corporation.
Note:	TPA must disclose to parties and WCAB identity of client, and if a carrier anything that would affect actual liable entities. Failure = penalties.
Citation:	67 CCC 289
WCC Citation:	WCC 28472002 CA

Case Name:	Cole v. Blue Cross		05/13/2009
Summary:	Ct. No. BC359846) JEANNETTE COLE, Plaintiff and Appellant, v. BLUE CROSS OF CALIFORNIA et al. , Defendants and Respondents. Without elaboration, the letter recommended that Cole not be assigned to the Provider Services Department and that Cole not be assigned to two specific employees. In the conversations, Cole never discussed her medical condition with anyone at WellPoint, nor did Cole refer to an accommodation that she believed was required to enable her to return to work. However, Cole had no such rights because the uncontradicted evidence showed that Cole's position had been eliminated while Cole was on leave. 10 Further, Cole contends she was entitled to preference over other employees because she was disabled. Cole sued Blue Cross of California, an affiliate of WellPoint Companies, Inc.
Note:	[Unpublished] A worker who did not contact her employer for about three years before being terminated failed to raise a triable issue of fact in her Fair Employment and Housing Act suit against her employer.
Citation:	B206872
WCC Citation:	WCC 35222009 CA

Case Name:	Coleman v. Silverberg Plumbing Co.		06/13/1968
Summary:	CAROLYN Z. COLEMAN et al. , Plaintiffs and Appellants, v. SILVERBERG PLUMBING CO. , Defendant and Respondent. * Plaintiffs Carolyn Z. Coleman and Patricia L. Coleman, a minor, by her guardian ad litem, appeal from a judgment entered upon a nonsuit granted in favor of defendant Silverberg Plumbing Company, a corporation, upon plaintiffs' written opening statement. Silverberg was performing plumbing work on such houses pursuant to a written contract between LISA and Silverberg. For wrongful death of Coleman, a presumptive employee of Silverberg, whose death was caused by Silverberg's presumptive negligence. During oral argument, plaintiffs' counsel conceded, 'As far as I know there is a standard employer's workmen's compensation policy insuring the Silverberg Plumbing Company for workmen's compensation liability to employees of Silverberg Plumbing Company. '
Note:	Lack of compensation for indep. contractors is not a
Citation:	263 Cal.App.2d 74, 33 CCC 906
WCC Citation:	WCC 24361968 CA

Case Name:	Colleran v. WCAB		12/16/2010
Summary:	(W. C. A. B. Nos. . ADJ4402731 [VNO 0460581]) PROCEEDINGS to review a decision of the Workers' Compensation Appeals Board. Colleran was injured on April 28, 1999, in the course of her employment with the City. On December 2, 2008, Colleran filed a request for vocational rehabilitation benefits and services at the Rehabilitation Unit. Accordingly, we do not address whether Colleran was denied due process because the Board had not considered her answer to the City's petition for reconsideration. Colleran not only knew her remedy could be abolished, she knew it would be, and on what day, four years in advance.
Note:	An employer must pay authorized vocational rehabilitation benefits even though the statute allowing those benefits was repealed because it did not file an appeal before the effective date of the repeal.
Citation:	B220878
WCC Citation:	WCC 36932010 CA

Case Name:	Collins v. Union Pacific Railroad Co.		07/11/2012
Summary:	COLLINS v. UNION PACIFIC RAILROAD COMPANY JAMES RUSSELL COLLINS, Plaintiff and Appellant, v. UNION PACIFIC RAILROAD COMPANY, Defendant and Appellant. Following a collision involving two Union Pacific Railroad Company (Union Pacific or defendant) trains, Hulcher responded to the derailment site. Union Pacific also made a motion to amend the judgment to reflect a set-off of $205,195. 16 against the damage award, for the workers' compensation lien which Hulcher assigned to Union Pacific. In the present case, the jury heard testimony from both Hulcher and Union Pacific employees describing the working relationship of Hulcher employees vis-à-vis Union Pacific derailments. Hulcher seeks Union Pacific approval before bringing equipment down to the derailment site and follows Union Pacific's directions at the site.
Note:	A California appellate court has upheld a $3.9 million jury verdict against the Union Pacific Railway for a workplace accident which shattered the face of a contractor's employee.
Citation:	E051218
WCC Citation:	WCC 39132012 CA

Case Name:	Colmenares vs. Braemar Country Club		02/20/2003
Summary:	FRANCISCO COLMENARES, Plaintiff and Appellant, v. BRAEMAR COUNTRY CLUB, INC. , Defendant and Respondent. In 1997, defendant Braemar Country Club (Braemar) terminated plaintiff Francisco Colmenares, who had been in its employ for 25 years. In 1972, plaintiff Colmenares began working for defendant Braemar as a general laborer. In July 1997, Braemar reassigned Colmenares from supervising a course maintenance crew to supervising a clubhouse construction project that involved heavy labor. Braemar moved for summary judgment on the ground that Colmenares had no "legally cognizable disability" because his back condition did not "substantially" limit a major life activity.
Note:	Under FEHA, as contrasted with ADA, plaintiff need show only 1) physiological disease or condition affecting a body system; 2) that limits ability to engage in major life activity.
Citation:	29 Cal.4th 1019
WCC Citation:	WCC 29462003 CA

Case Name:	Colony Ins. Co. v. First Specialty Ins. Corp.		05/18/2010
Summary:	Colony Insurance Company (Colony) appeals a judgment for equitable contribution in favor of First Specialty Insurance Corporation (First Specialty) and StarNet Insurance Company (StarNet). Colony issued subcontractor Mechanical a general liability policy (the Colony policy) that contained an additional insured endorsement insuring EWB under specified terms. After the settlement with Mechanical, only First Specialty and StarNet's causes of action against Colony for equitable contribution and declaratory relief remained to be tried. Colony is mistaken in asserting that the First Specialty and StarNet policies do not contain the same "other insurance" language. Colony acknowledges in its opening brief that the amount of damages sought by First Specialty and StarNet was "a set sum. "
Note:	A general liability insurer's policy exclusion for an additional insured was too vague to allow it to escape contribution to a $1.05 million settlement emanating from an injured subcontractor's negligence suit.
Citation:	D055213
WCC Citation:	WCC 36222010 CA

Case Name:	Coltherd v. WCAB		11/19/1990
Summary:	ELSIE COLTHERD, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, LANTANA HEATING AND AIR CONDITIONING et al. , Respondents; ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Claimant and Respondent. Introduction Elsie Coltherd (petitioner), the widow of employee Brian Coltherd, has petitioned this court to review a decision and order of the Workers' Compensation Appeals Board (WCAB) granting claimant and respondent St. Paul Fire and Marine Insurance Company's (St. Paul's) application for a $10,000 lien on the workers' compensation death benefits of $95,000 awarded to petitioner and her children. Petitioner petitioned the WCAB for reconsideration of the trial judge's decision and order. The WCAB concluded that it had jurisdiction to allow a lien for medical treatment provided by reason of an industrial injury. The matter is remanded to WCAB for a determination of the reasonable attorneys' fees to be awarded petitioner's attorney.
Note:	No reimbursement to carrier for uninsured motorist benefits absent specific provision in policy.
Citation:	225 Cal.App.3d 455, 55 CCC 431
WCC Citation:	WCC 25261990 CA