Case Law Library
Case Name: | County of Riverside v. WCAB (Taylor) | 12/14/2012 | |
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Summary: | COUNTY OF RIVERSIDE v. WORKERS' COMPENSATION APPEALS BOARD COUNTY OF RIVERSIDE, Petitioner, v. THE WORKERS' COMPENSATION APPEALS BOARD and SANDIE TAYLOR, Respondents. STATEMENT OF FACTS Applicant was a member of a group known as the "Mounted Posse Program" established by the Sheriff of Riverside County. Membership in, and the duties of, the posse are extensively prescribed in a manual prepared by the County. (Logoed shirts and caps were provided by the County, but members otherwise provided their own clothing and tack. )*fn2 Applicant testified that it was usual for the County to pay for training, although this was not universal. | ||
Note: | The County of Riverside is not liable for benefits to a volunteer member of its mounted posse program. | ||
Citation: | E055965 | ||
WCC Citation: | WCC 39532012 CA | ||
Case Name: | County of Sacramento v. WCAB (Brooks) | 04/22/2013 | |
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Summary: | COUNTY OF SACRAMENTO v. WORKERS' COMPENSATION APPEALS BOARD COUNTY OF SACRAMENTO, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and MICHAEL BROOKS, Respondents. The County filed a petition for writ of review, and we order issuance of the writ. According to the County, the evidence does not support Dr. Allen's attempt to apportion the injury to the various causes. (Larch v. Contra Costa County (1998) 63 Cal. Comp. Cases 831, 833-839; Stockman v. State of California/Department of Corr. Additional procedure and evidence, especially with respect to the causation issue, are discussed in connection with the contentions of the County of Sacramento (the County). | ||
Note: | California's 3rd District Court of Appeal on Monday overturned an administrative decision that a county's good faith personnel action was not a substantial cause of an applicant's psyche claim. | ||
Citation: | C067739 | ||
WCC Citation: | WCC 40042013 CA | ||
Case Name: | County of Sacramento v. WCAB (Estrada) | 01/07/1999 | |
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Summary: | COUNTY OF SACRAMENTO, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and PAMELA ESTRADA, Respondents. OPINION NICHOLSON, J. - The County of Sacramento sought a writ of review in this court after the Workers' Compensation Appeals Board (the Board) upheld the award of temporary benefits to respondent Pamela Estrada. 1 In March 1992, Estrada was employed by the county as a work project inmate and injured her back on the job. The county, however, objected to this procedure because, by statute, discovery closed on the date of the settlement conference. In addition, she found that the report of Dr. Michael Kasman, submitted by the county, was inadmissible because the county was not entitled to a rebuttal QME. | ||
Note: | WCAB violated 5502(d)(3) by allowing record to remain open to get supp. medical report. | ||
Citation: | 68 Cal.App.4th 1429 | ||
WCC Citation: | WCC 24561999 CA | ||
Case Name: | County of Sacramento v. WCAB (Estrada) | 01/07/1999 | |
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Summary: | COUNTY OF SACRAMENTO, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and PAMELA ESTRADA, Respondents. OPINION NICHOLSON, J. - The County of Sacramento sought a writ of review in this court after the Workers' Compensation Appeals Board (the Board) upheld the award of temporary benefits to respondent Pamela Estrada. 1 In March 1992, Estrada was employed by the county as a work project inmate and injured her back on the job. The county, however, objected to this procedure because, by statute, discovery closed on the date of the settlement conference. In addition, she found that the report of Dr. Michael Kasman, submitted by the county, was inadmissible because the county was not entitled to a rebuttal QME. | ||
Note: | Judge improperly left open discovery to get supp. med. report after MSC. | ||
Citation: | 68 Cal.App.4th 1429, 64 CCC 26 | ||
WCC Citation: | WCC 25501999 CA | ||
Case Name: | County of Sacramento v. WCAB (McCartney) | 07/11/2017 | |
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Summary: | This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115(a). Â IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT . Â Â Â Â Â Â Â COUNTY OF SACRAMENTO, Petitioner, . Â Â Â Â Â Â Â v. . Â Â Â Â Â Â Â WORKERSâ COMPENSATION APPEALS BOARD and JONATHON SCOTT MCCARTNEY, Respondents. . Â Â Â Â Â Â Â McCartney was diagnosed with actinic keratosis in October 2013. . Â Â Â Â Â Â In this case, the qualified medical examiner (QME) testified to the following, among other things: . Â Â Â Â Â Â 1. . Â Â Â Â Â Â MAURO , J. McCartneyâs employing entity is a County subdivision (âCounty of Sacramento Contractsâ); as his counsel put it, âItâs a technical thing. )Â | ||
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Citation: | C082282 | ||
WCC Citation: | WCAB No. ADJ9510323 | ||
Case Name: | County of Sacramento v. WCAB (Weatherall) | 01/11/2000 | |
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Summary: | COUNTY OF SACRAMENTO, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD AND GLENNIS WEATHERALL, etc. , Respondents. After a June 14, 1995, claim for benefits on behalf of the widow and minor daughter was filed, Sacramento County (County) raised statute of limitation issues and the parties disputed whether a 'cumulative' injury had been pleaded. The Workers' Compensation Judge (WCJ) issued a decision finding in part death was not 'due to a specific job event. ''This trial judge approached the issues in this case from the factual basis established in part by the parties stipulations. (d)(2); see County of Sacramento v. Workers' Comp. | ||
Note: | Board must have Good Cause to set aside stipulations of parties. | ||
Citation: | 77 Cal. App. 4th 1114, 65 CCC 1 | ||
WCC Citation: | WCC 3972000 CA | ||
Case Name: | County of San Bernardino v. WCAB | 10/04/2007 | |
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Summary: | Filed 10/4/07 County of San Bernardino v. WCAB 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 THE COUNTY OF SAN BERNARDINO, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and ROBERT SCHROEDER, Respondents. Ruth E. Stringer, Acting County Counsel, and Sandra Grajeda, Deputy County Counsel for Petitioner. Petitioner County of San Bernardino (County), as the affected employer, seeks review and annulment of an order of the Workers' Compensation Appeals Board (Board) affirming the award in favor of applicant Robert Schroeder (applicant). FACTS Applicant was employed as a firefighter and later as a battalion chief by the County of San Bernardino from 1969 until November 7, 1999, his last day on the job. | ||
Note: | [Unpublished] Successive, specific industrial injuries to different parts of the body cannot be rated together simply because they share one date of injury. | ||
Citation: | E041757 | ||
WCC Citation: | WCC 32652007 CA | ||
Case Name: | County of San Bernardino v. WCAB (McCoy) | 02/29/2012 | |
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Summary: | COUNTY OF SAN BERNARDINO v. WORKERS' COMPENSATION APPEALS BOARD COUNTY OF SAN BERNARDINO, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and JOHN McCOY, Respondents. Jean-Rene Basle, County Counsel, and Eric K. Yee, Deputy County Counsel, for Petitioner. County of San Bernardino (County) contends that the Workers' Compensation Appeals Board (Board) erred when it awarded benefits to John McCoy for migraine headaches he suffered. FACTUAL AND PROCEDURAL BACKGROUND McCoy worked as an automated systems technician for the County. The workers' compensation judge (WCJ) found that the injuries were not compensable as argued by County. | ||
Note: | An employer's use of the good faith personnel action defense in Labor Code 3208.3 barred a technician's claim for migraine headaches. | ||
Citation: | E053173 | ||
WCC Citation: | WCC 38642012 CA | ||
Case Name: | County of San Diego v. WCAB (Pike) | 03/06/2018 | |
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Summary: | Filed 3/6/18 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA . Â Â Â Â Â Â Â COUNTY OF SAN DIEGO, Petitioner, . Â Â Â Â Â Â Â v. . Â Â Â Â Â Â Â WORKERS' COMPENSATION APPEALS BOARD and KYLE PIKE, Respondents. . Â Â Â Â Â Â Â D072648 . Â Â Â Â Â Â Â (WCAB No. ADJ7811907) . Â Â Â Â Â Â Â Petition for writ of review from an order of the Workers' Compensation Appeals Board. . Â Â Â Â Â Â Â Thomas E. Montgomery, County Counsel, and David E. Shamsky, Deputy County Counsel, for Petitioner. D. The County's petition for reconsideration . Â Â Â Â Â Â The County filed a petition for reconsideration. . Â Â Â Â Â Â WE CONCUR: . Â Â Â Â Â Â HUFFMAN, Acting P. J. | ||
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Citation: | D072648 | ||
WCC Citation: | WCAB No. ADJ7811907 | ||
Case Name: | County of San Joaquin v. WCAB and James Davis | 02/27/2006 | |
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Summary: | STK164337 & STK164334) COUNTY OF SAN JOAQUIN, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and JAMES DAVIS, Respondents. The County of San Joaquin (County) petitions this court for a writ of review of the Workers' Compensation Appeals Board's (Board) decision that James Davis (Davis) is a maximum wage earner for purposes of calculating his temporary and permanent disability indemnity benefits. Fifty-five year-old Davis was employed as an attorney at State Fund and paid a monthly salary of $7,299. Subdivision (c)(2) contemplates an hourly rate of pay and neither the County nor State Fund paid Davis an hourly rate. Here, there were no "aggregate earnings" because as a state worker,*fn 6* Davis did not earn wages from the County. | ||
Note: | An attorney injured in the course of his jury duty was properly compensated at an amount reflecting his maximum earning capacity, rather than the $5 per day wage for jury duty. | ||
Citation: | 147 Cal. App. 4th 1459 | ||
WCC Citation: | WCC 32092006 CA | ||