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Case Name: Alliant Insurance Services, Inc. v. Gaddy 02/07/2008
Note: A noncompetitive covenant regarding the sale of a company may only address the geographic location in which the company sold does business. However, the area where a business is 'carried on' is not limited to the locations of its buildings, plants and warehouses, nor the area in which it actually made sales. Here, a company that primarily does business in 4 counties is able to show that they are a California service and may enforce a covenant not to compete in any and all 58 counties in California.
Citation: C055192
WCC Citation: WCC 33142008 CA
 
 
Case Name: Allied Interstate, Inc. v. GTS Home Health Services, Inc. 02/14/2013
Note: A home health care provider which admitted having received a copy of the summons and complaint filed by the assignee of a State Compensation Insurance Fund debt was not entitled to have the default judgment against it vacated on the basis of improper service.
Citation: B237823
WCC Citation: WCC 39872013 CA
 
 
Case Name: Allied Interstate, Inc. v. Sessions Payroll Management, Inc. 02/16/2012
Note: State Compensation Insurance Fund properly applied a 121% experience modifier to a Burbank payroll company that serves the movie industry.
Citation: B226134
WCC Citation: WCC 38592012 CA
 
 
Case Name: Allied Waste Industries, et al. v. WCAB (Rojas) 12/06/2010
Note: A claimant's cost-of-living adjustments should not begin until the January 1 following his date of injury.
Citation: C064914
WCC Citation: WCC 36872010 CA
 
 
Case Name: Allison v. WCAB 05/27/1999
Note: WCJ's have authority to hear and rule on discovery disputes.
Citation: 72 Cal.App.4th 654, 64 CCC 624
WCC Citation: WCC 26011999 CA
 
 
Case Name: Almaraz v. Environmental Recovery Services (II) 09/03/2009
Note: [En Banc] The language of Labor Code section 4660(c) unambiguously means that a permanent disability rating established by the Schedule is rebuttable.
Citation: ADJ1078163
WCC Citation: WCC 35632009 CA
 
 
Case Name: Almaraz vs. Environmental Recovery Services (SCIF); Guzman vs. Milpitas Unified School Dist (Keenan) 02/03/2009
Note: (1) the AMA Guides portion of the 2005 Schedule is rebuttable; (2) the AMA Guides portion of the 2005 Schedule is rebutted by showing that an impairment rating based on the AMA Guides would result in a permanent disability award that would be inequitable, disproportionate, and not a fair and accurate measure of the employees permanent disability; and (3) when an impairment rating based on the AMA Guides has been rebutted, the WCAB may make an impairment determination that considers medical opinions that are not based or are only partially based on the AMA Guides.
Citation: ADJ1078163 (BAK 0145426); ADJ3341185 (SJO 0254688)
WCC Citation: WCC 34892009 CA
 
 
Case Name: Alonzo v. Brennan 08/24/2011
Note: A hospital employee is entitled to $38,169 in attorney fees because she prevailed in a third-party suit that also helped her employer.
Citation: B222327
WCC Citation: WCC 37922011 CA
 
 
Case Name: Alvarez v. WCAB 05/14/2010
Note: [Superceded] Section 4062.3 expressly prohibits ex parte communications with a panel qualified medical evaluator, with the only exception being for communications by the employee or deceased employee's dependent in connection with an examination, and in the event of unauthorized ex parte communication permits the aggrieved party to obtain a new evaluation from another panel qualified medical evaluator.
Citation: B218847
WCC Citation: WCC 36212010 CA
 
 
Case Name: Alvarez v. WCAB (SCIF) 08/12/2010
Note: Section 4062.3 expressly prohibits ex parte communications with a panel QME, with no exception based on the initiator of the communication or for 'administrative' matters. Nevertheless, because a certain degree of informality in workers' compensation procedures has been recognized, not every conceivable ex parte communication permits a party to obtain a new evaluation from another panel QME.
Citation: B218847
WCC Citation: WCC 36562010 CA
 
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