Case Name:	General Ins. Co. of America v. WCAB		04/07/1980
Summary:	GENERAL INSURANCE COMPANY OF AMERICA et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and GLEN A. OPINION LILLIE, ACTING P. J. Petitioner General Insurance Company of America (General) is one of several insurance carriers for the employer in the subject workers' compensation proceeding before respondent Workers' Compensation Appeals Board (Board). We also annul the Board's order directing General to administer the award as it was based upon the refusal to grant reconsideration in favor of General. (Coltharp) (1973) 35 Cal. App. 3d 329 [110 Cal. Rptr. 780]; Ferguson v. City of Oxnard (WCAB en banc opinion, 1970) 35 Cal. Comp. Cases 452. )General then sought reconsideration contending the Board erred in finding General primarily liable and failing to make a final determination on the issue of apportionment between the various injuries.
Note:	Where liability of 4 different insurers is interwoven, 2 filed for reconsideration, all 4 must be heard.
Citation:	104 Cal.App.3d 278, 45 CCC 403
WCC Citation:	WCC 26581980 CA

Case Name:	General Reinsurance Corp. v. St. Jude Hospital		03/26/2003
Summary:	GENERAL REINSURANCE CORPORATION et al. , Plaintiffs and Respondents, v. ST. JUDE HOSPITAL, Defendant and Appellant. The General Reinsurance policy provides St. Jude indemnification for losses over $300,000 and defines a "loss" as "amounts actually paid by the Insured as a self-insurer under the Workers Compensation Law. "St. Jude presented testimony of its workers' compensation claims manager that in her experience section 5814 awards were very common and she "reasonably believed" they were covered by the General Reinsurance policy. The claims manager was not employed by St. Jude when the General Reinsurance policy was purchased. General Reinsurance is not obligated to indemnify St. Jude for payments made by St. Jude in excess of regular workers' compensation benefits required because St. Jude violated or failed to comply with the workers' compensation law.
Note:	Self insured employer's excess carrier not required to reimburse for penalties caused by employer's claims practices.
Citation:	107 Cal.App.4th 1097
WCC Citation:	WCC 29272003 CA

Case Name:	Genlyte Group, Inc. v. WCAB		01/03/2008
Summary:	Proceedings Before the Administrative Law Judge and the WCAB Zavala and Genlyte proceeded to trial before the workers' compensation administrative law judge (WCJ). (Genlyte had argued under the new schedule Zavala's adjusted permanent disability was either 6 percent or 12 percent. )The WCAB adopted the WCJ's decision and report and denied Genlyte reconsideration on February 27, 2007. Genlyte also insists the WCAB erred in denying its request for credit for its overpayments to Zavala. (2007) 40 Cal. 4th 1313, 1331 (Brodie) [WCAB "has extensive expertise in interpreting and applying the workers' compensation scheme"]; Ralphs Grocery Co. v. Workers' Comp.
Note:	Neither the statutory language or the legislative history of Labor Code section 4660 (d) indicates that a comprehensive medical-legal report or treating physician's report state the injured worker's condition has reached permanent and stationary status to indicate the existence of permanent disability.
Citation:	158 Cal.App.4th 705
WCC Citation:	WCC 32962008 CA

Case Name:	Germann v. WCAB		09/22/1981
Summary:	Germann contends applicant was not his employee but an independent contractor and therefore Germann is not liable for payment to applicant for workers' compensation benefits. Rodriguez gave Germann a list of contractors and Germann looked up others in the 'yellow pages. 'Although Germann was present when applicant was doing the work, Germann at no time told applicant how to do the job. Germann would carry lumber and applicant acknowledged that on occasion applicant told Germann what lumber to carry and where to carry it. Applicant charged Germann an hourly wage higher than union scale as Germann was not paying 'health and welfare or vacation. '
Note:	Employer did not control manner or results of work done by employee.
Citation:	123 Cal.App.3d 776, 46 CCC 1062
WCC Citation:	WCC 25861981 CA

Case Name:	Gerson v. Industrial Accident Commission		02/01/1961
Summary:	DISTRICT COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO No. 24972 February 1, 1961 ANNA GERSON, PETITIONER, v. INDUSTRIAL ACCIDENT COMMISSION ET AL. , RESPONDENTS PROCEEDING to review part of an order of the Industrial Accident Commission directing that amount of employee's self-procured medical and hospital expenses be paid to her health insurer. By its findings of fact the commission found that Blue Cross was not entitled to a lien and by its award denied that lien. Section 4903, so far as pertinent reads: "The commission may determine, and allow as a lien against any amount to be paid as compensation: . 5300: "All the following proceedings shall be instituted before the commission and not elsewhere, except as otherwise provided in Division 4. (f) For the determination of any other matter, jurisdiction over which is vested by Division 4 in the commission. "
Note:	Commission has no jurisdiction to grant health care provider a portion of an award where commission has denied existence of a lien.
Citation:	188 Cal. App. 2d 735
WCC Citation:	WCC 30931961 CA

Case Name:	Gholipour v. Superior Court of San Diego County		10/24/2017
Summary:	Filed 10/24/17 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA .             GOLNAZ GHOLIPOUR, Petitioner, .             v. .             THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; .             THE PEOPLE, Real Party in Interest .             D072235 .             (Super. .             John O'Connell, San Diego County Primary Public Defender and Randy Mize, Deputy Public Defender, for Petitioner. .           Bonnie M. Dumanis, San Diego County District Attorney, Mark A. Amador and Samantha Begovich, Deputy District Attorneys, for Real Party in Interest. .           Following issuance of our remittitur, Gholipour moved in the trial court for an order directing that the amount of her restitution be determined by the Orange County Superior Court. .           WE CONCUR: .           McCONNELL, P. J.
Note:	In a case of first impression, a California appellate court ruled that a San Diego trial judge retained jurisdiction to enter a restitution order against an injured worker who had relocated to Orange County after serving three years in custody for workers’ compensation fraud.
Citation:	D072235
WCC Citation:	Super. Ct. No. SCD246831

Case Name:	Gibbs v. American Airlines, Inc.		08/10/1999
Summary:	1 Appellant Gibbs worked at respondent American Airlines, Inc. (American Airlines) from 1989 to 1995. Gibbs was a service representative in the Admiral's Club at the San Francisco airport in her last few years at American Airlines. Gibbs resigned from American Airlines after her supervisors criticized her performance and attendance following four days' absence on sick leave in April 1995. Gibbs testified that she telephoned American Airlines during her days off and told someone that she would be out through April 14. Gibbs was diagnosed with fibromyalgia in July 1995, almost three months after leaving American Airlines.
Note:	Secured compensation presumed in cases of employment relationship and work-related injury.
Citation:	74 Cal.App.4th 1, 64 CCC 1001
WCC Citation:	WCC 24281999 CA

Case Name:	Gil v. WCAB		10/25/1996
Summary:	Anita Gil, Petitioner v. Workers Compensation Appeals Board, Sees Candies, Cypress Insurance Company, Respondents. Sees Candies, Cypress Insurance Company, Petitioners v. Workers Compensation Appeals Board, Anita Gil, Respondents. Applicant Anita Gil worked for employer/Defendant See's Candies as a seasonal worker and janitor. The WCJ computed Applicant's temporary disability rate based on her actual wages during her on season with Defendant. The Board found that the WCJ should not have included unemployment compensation in computing Applicant's TD during her off season. You are counseled to consult the full case for an accurate citation.
Note:	Off season AWW may be calculated by dividing annual wages by 52 weeks excluding unemployment.
Citation:	61 CCC 1300 (Writ Denied)
WCC Citation:	WCC 28821996 CA

Case Name:	Gillette v. WCAB		09/29/1971
Summary:	ROBERT R. GILLETTE, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, CITY OF WOODLAND et al. , Respondents (Opinion by Pierce, J. , with Friedman, Acting P. J. , and Janes, J. , concurring. )In that order the board found and held that applicant Robert R. Gillette 'did not sustain injury arising out of and occurring in the course of his employment. 'Woodland's fire department, described as being 'medium-sized,' is one in which both regular firemen and the captain do actual fire fighting. In September, 1968, while engaged in extinguishing a garage fire, he had a severe chest pain and nausea upon finishing this activity. The Board found that the WCJ should not have included unemployment compensation in computing Applicant's TD during her off season.
Note:	Firefighter's heart attack determined within scope of employment.
Citation:	20 Cal.App.3d 312, 36 CCC 570
WCC Citation:	WCC 25971971 CA

Case Name:	Gin v. Pennsylvania Life Insurance Co.		12/09/2005
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO No. A109541 December 9, 2005 KIMBERLY GIN, PLAINTIFF AND APPELLANT, v. PENNSYLVANIA LIFE INSURANCE COMPANY, DEFENDANT AND RESPONDENT. The superior court granted summary judgment to the insurance carrier, Pennsylvania Life Insurance Company (Penn Life), holding that appellant Kimberly Gin's disability was not the result of an "accidental bodily injury" and thus not covered under the policy. On September 13, 1996, Gin applied for a disability insurance policy from Penn Life. Gin made a claim for disability benefits to Penn Life on October 10, 1996. Gin sued Penn Life for breach of contract in the Alameda County Superior Court on March 15, 2001.
Note:	Carpal tunnel syndrome not deemed 'accidental bodily injury' under insurance policy.
Citation:	134 Cal. App. 4th 939
WCC Citation:	WCC 31312005 CA