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Case Law Library


 
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Note: [Superceded] Section 4062.3 expressly prohibits ex parte communications with a panel qualified medical evaluator, with the only exception being for communications by the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
 
 
Case Name: Alvis v. McIntyre 07/30/2008
Note: [Unpublished] In an effort to avoid the exclusivity provisions of the workers compensation scheme, there is no theory in which plaintiff can prevail against defendants listed as employers on plaintiff's complaint. Plaintiff could have, but did not, move to amend his complaint; his failure to do so means he is stuck with the complaint as pleaded.
Citation: C055102
WCC Citation: WCC 34042008 CA
 
 
Case Name: Amalgamated Transit Union vs. LA Co MTA 03/28/2003
Note: 132a claim may be part of union requested employee arbitration.
Citation: 107 Cal.App.4th 673
WCC Citation: WCC 29242003 CA
 
 
Case Name: Amborn v. WCAB 09/08/1971
Note: Patrolman entitled to leave of absence without loss of pay for 1 yr. as well as PD benefits.
Citation: 19 Cal.App.3d 953, 36 CCC 544
WCC Citation: WCC 26761971 CA
 
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