Case Name:	Costco Wholesale vs. WCAB (Slayton)		03/27/2009
Summary:	F057008 (WCAB No. STK 210450) OPINION THE COURT* ORIGINAL PROCEEDINGS; petition for writ of review from a decision of the Workers' Compensation Appeals Board. Costco Wholesale (Costco) petitions for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB) claiming an injury sustained at the end of an employee's shift while retrieving and completing a purchased item in the employer's store did not arise out of and in the course of her employment. In March 2007, Slayton underwent right knee surgery as a result of the fall, but Costco denied reimbursement as a nonindustrial injury. The WCAB subsequently summarily denied Costco's petition for reconsideration, adopting and incorporating the reasoning from the WCJ's report and recommendation. Accordingly, we must agree with the WCAB that Costco's injury arose out of and in the course of her employment.
Note:	[Unpublished] Though retrieving a cake for personal reasons, injury was AOE/COE because injured workers' shift had not yet ended and she was further business' interest because another employee would have been required to complete the task.
Citation:	F057008
WCC Citation:	WCC 35082009 CA

Case Name:	County of Alameda v. WCAB (Knittel)		01/30/2013
Summary:	COUNTY OF ALAMEDA v. WORKERS' COMPENSATION APPEALS BOARD COUNTY OF ALAMEDA, Petitioner, v. THE WORKERS' COMPENSATION APPEALS BOARD and BRYAN KNITTEL, Respondents. Miguel Marquez, County Counsel, Donna Diaz, Lead Deputy County Counsel, Sara J. Ponzio, Deputy County Counsel, Office of the County Counsel County of Santa Clara. John F. Krattli, County Counsel, Ralph L Rosato, Assistant County Counsel, Jeffrey L. Scott, Deputy County Counsel, Lin Lee, Deputy County Counsel, County of Los Angeles. BACKGROUND On September 13, 2009, Bryan Knittel injured his knee while working as an Alameda County Deputy Sheriff. Knittel was unable to perform his duties after the injury, and the County of Alameda (County) paid disability benefits from the date of his injury.
Note:	The California 1st District Court of Appeal overturned a decision by the Workers' Compensation Appeals Board awarding an injured law enforcement officer 104 weeks of temporary disability benefits after he had collected 52 weeks of salary continuation benefits for a knee injury which continued to prevent him from working.
Citation:	A135889
WCC Citation:	WCC 39792013 CA

Case Name:	County of Kern v. WCAB (Petersen)		09/30/2011
Summary:	Theresa A. Goldner, County Counsel, Margo A. Raison, Chief Deputy County Counsel, and David T. Unger, Deputy County Counsel for Petitioner. On June 19, 2007, the Kern Administrative Officer, Kern Board of Supervisors Chairman, Kern Assistant County Counsel, and SCVFD President executed an "Agreement for Donation toward Equipment Purchase for the Sand Canyon Volunteer Fire Department" (Donation Agreement). After Kern petitioned for a writ of review, the WCAB reaffirmed its decision denying reconsideration in briefing to this court. "To the contrary, it is felt that any one of the above-described events represented official recognition of SCVFD by Petitioner Kern County. "Here, Kern provided SCVFD with funds and donated use of equipment the year before Kern disputed its workers' compensation liability.
Note:	Kern County is the statutory employer of a volunteer firefighter for the Sand Canyon Volunteer Fire Department.
Citation:	F057718
WCC Citation:	WCC 38072011 CA

Case Name:	County of LA v. LA County Employee Relations Commision		02/24/2011
Summary:	COUNTY OF LOS ANGELES, Plaintiff and Appellant, v. LOS ANGELES COUNTY EMPLOYEE RELATIONS COMMISSION, Defendant and Respondent; SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 721, Real Party in Interest and Respondent. Proc. , 1094. 5), in which it asserted the privacy rights of these non-member County employees and challenged the decision by the Los Angeles County Employee Relations Commission (Commission) that ordered the County to release their names, home addresses, and home telephone numbers to the Union. The Union filed an unfair employee-relations practice charge with the Commission in which it contended the County violated sections 12(a)(3) and 151 of the County's Employee Relations Ordinance (Ordinance). (Union of American Physicians & Dentists v. Los Angeles County Employee Relations Com. Section 12, subdivision (a)(3), codified at section 5. 04. 240, subdivision (A)(3) of the Los Angeles County Code, states that it is an unfair employee relations practice for the County "[t]o refuse to negotiate with representatives of certified employee organizations on negotiable matters. "
Note:	Los Angeles County must give its non-union employees notice and an opportunity to object before disclosing their personal information to the Service Employees International Union, the 2nd District Court of Appeal ruled.
Citation:	B217668
WCC Citation:	WCC 37232011 CA

Case Name:	County of LA v. WCAB (Bass)		04/21/1986
Summary:	Petitioner, County of Los Angeles (County), seeks review of the Board's opinion and order dismissing County's petition for reconsideration. County failed to attach a proof of service to the petition for reconsideration. In its petition for review County asserts that counsel for applicant was served with a copy of the petition for reconsideration. County contends that the Board should have informed it that no proof of service was attached and should have given County an opportunity to prove that the petition was timely served. County also contends that in light of applicant's responses to Dr. Levy's questions County should not be required to offer applicant psychiatric treatment to reduce its liability for compensation since such an offer would be futile.
Note:	Board must notify lack of proper service of Petition for Recon., afford reas. time for proof.
Citation:	51 CCC 194
WCC Citation:	WCC 27271986 CA

Case Name:	County of LA v. WCAB (King)		03/17/1980
Summary:	COUNSEL John H. Larson, County Counsel, Milton J. Litvin and Daniel E. McCoy, Deputy County Counsel, for Petitioner. OPINION FILES, P. J. Petitioner County of Los Angeles contends that respondent Workers' Compensation Appeals Board erred in assessing a 10 percent penalty against county pursuant to Labor Code fn. On November 19, 1973, while employed as a vocational nurse by county, King sustained an injury to her right eye. County began payments under the new award and also provided medical care by referring King to Michael J. On September 3, 1977, county filed a petition to reduce the permanent disability award on the ground that King's permanent disability had lessened.
Note:	Regs. 10462, 10464, 10466 are not applicable to permanent disability; termination of PD before WCAB orders reduction valid where circumstances known to employer prove reasonable.
Citation:	104 Cal.App.3d 933, 45 CCC 248
WCC Citation:	WCC 27741980 CA

Case Name:	County of LA v. WCAB (Rottman)		08/31/1982
Summary:	[135 Cal. App. 3d 568] COUNSEL John H. Larson, County Counsel, Milton J. Litvin and Patrick A. Wu, Deputy County Counsel, for Petitioner. This is a writ of review from an order of the Workers' Compensation Appeals Board (WCAB) and a denial of a petition for reconsideration. The order is that the county is liable for the value for services rendered Zachary Rottman (Rottman) by Kaiser Foundation Hospital (Kaiser). 1 was an employee of Los Angeles County (County). A hearing was held on the claimed liability of the County for the Kaiser lien.
Note:	Lien claim not barred by SOL where employee or claimant had no knowledge that disability was work-related.
Citation:	135 Cal.App.3d 567, 47 CCC 951
WCC Citation:	WCC 25341982 CA

Case Name:	County of Los Angeles v. WCAB and Jones		10/04/2002
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT COUNTY OF LOS ANGELES, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and STACEY JONES, Respondents. Lloyd W. Pellman, County Counsel, Patrick A. Wu, Assistant County Counsel, Leah D. Davis, Deputy County Counsel; Malmquist, Fields & Camastra and Tom Hedrick for Petitioner. Stacey Jones was injured while employed as a social worker by the County of Los Angeles (County). Following a subsequent allegation that County unreasonably denied medical treatment and after a hearing on that issue, Jones and County entered a stipulation with request for award, which was approved on March 21, 2002. County issued a check for the attorney's fees, but the law firm representing Jones, Rose, Klein & Marias, did not receive the check within the thirty-day period.
Note:	Attorney fees are a species of benefits on which penalties may be assessed.
Citation:	2002 CCC
WCC Citation:	WCC 28872002 CA

Case Name:	County of Orange v. WCAB		01/31/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE COUNTY OF ORANGE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD et al. Respondents. FACTUAL AND PROCEDURAL BACKGROUND Jack Lean sustained back injury caused by a work-related accident while he was employed by the County of Orange. County then sought a hearing before Board on the disputed issue of the commencement of payment of disability benefits. The affidavit of Deborah Rivera, an employee of the law firm representing County, was submitted with County's petition for review. Thus, Lean concludes, County made no showing of excusable neglect to be afforded relief under Code of Civil Procedure section 473, subdivision (b).
Note:	[Unpublished] Under Shipley v. Workers' Comp. Appeals Bd., 7 Cal.App.4th 1104, while the language of 5909 appears mandatory and jurisdictional, 'the time periods must be based on a presumption that a claimant's file will be available to the board; any other result deprives a claimant of due process and the right to a review by the board.'
Citation:	G038527
WCC Citation:	WCC 33122008 CA

Case Name:	County of Riverside v. WCAB (Sylves)		03/24/2017
Summary:	Filed 3/24/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO .             COUNTY OF RIVERSIDE, Petitioner, .             v. .             WORKERS' COMPENSATION APPEALS BOARD and PETER G. SYLVES, Respondents. .             Law Office of Louis D. Seaman and Louis D. Seaman for Petitioner. .           CERTIFIED FOR PUBLICATION .           McKINSTER P. J. .           We concur: .           MILLER J. Commencing January 1, 1979, and thereafter on the first day of January for each of the next two years, the liability period for occupational disease or cumulative injury shall be decreased by one year so that liability is limited in the following manner: For claims filed or Asserted on or after:                       The period shall be: January 1, 1979                                                           three years January 1, 1980                                                           two years January 1, 1981 and thereafter                                   one year The statute was not, as the County asserts without citation to authority, “clearly put in place to avoid situations where employees could reach back over numerous years and sue an unsuspecting employer who had no notice of such injury when, in fact, that applicant had continued to perform the same occupation with a subsequent employer being subject to the continued injurious exposure. ”
Note:
Citation:	E065688
WCC Citation:	WCAB Case No. ADJ9538021