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Case Law Library

Case Name: Pelayo v. Los Angeles County Department of Children and Family Services 02/22/2012
Note: An employee's Fair Employment and Housing Act claims failed because she filed her civil suit before obtaining her right-to-sue letter from the Department of Fair Employment and Housing.
Citation: B230780
WCC Citation: WCC 38602012 CA
Case Name: Pellegrino v. J. Metcalf Construction 09/12/2011
Note: The Privette/Toland doctrine barred an injured audio/video worker from suing the general contractor on a residential remodeling project.
Citation: A128893
WCC Citation: WCC 37992011 CA
Case Name: Pence v. Industrial Accident Commission 06/28/1965
Note: The rating expert did not rate, although so instructed, on the effect of Pence's inability to work in areas of high temperature or extreme sunshine. Rebuttal testimony should have been permitted to allow petitioner to establish what a proper rating would have been under all of the referee's instructions.
Citation: 63 Cal. 2d 48, 403 P.2d 140, 45 Cal. Rptr. 12
WCC Citation: WCC 33691965 CA
Case Name: Pendergrass v. Duggan Plumbing 04/06/2007
Note: If section 4660(d) is to be construed so as to effectuate the Legislature's intent to provide relief 'at the earliest possible time', it must be construed in the manner that ensures that the revised rating schedule applies 'at the earliest possible time.'
Citation: 72 CCC 456
WCC Citation: WCC 32132007 CA
Case Name: Pendergrass v. Duggan Plumbing and State Compensation Insurance Fund 01/24/2007
Note: Defendants' duty to provide the notice required by section 4061 arose when the first payment of temporary disability indemnity was made, therefore the 1997 Schedule applies to calculate applicant's permanent disability.
Citation: 72 CCC 95
WCC Citation: WCC 32062007 CA
Case Name: Pennington v. WCAB 09/17/1971
Note: Sheriff's TD credited against PD was wrong, 4850 doesn't deny rights of 4661.
Citation: 20 Cal.App.3d 55
WCC Citation: WCC 25431971 CA
Case Name: Penny v. WCAB 07/12/1983
Note: Unreasonable to require defs. to pay applicant depo. fees if depo. is deceitful, fraudulent.
Citation: 48 CCC 468
WCC Citation: WCC 3741983 CA
Case Name: People ex rel Monterey Mushrooms, Inc. v. Thompson 01/04/2006
Note: Civil action allowed for workers' compensation fraud.
Citation: 136 Cal. App. 4th 24
WCC Citation: WCC 31382006 CA
Case Name: People v. Alvarez 02/11/2010
Note: A note from a juror complaining about fellow jurors did not warrant a hearing about any potential misconduct as the jury convicted a construction worker of six counts of workers' compensation fraud.
Citation: D053339
WCC Citation: WCC 35972010 CA
Case Name: People v. Amin 10/30/2000
Note: WCAB has no exclusive jurisdiction over restitution in fraud cases; civ. ct. jurisdiction may override (spec. in Insur. Code).
Citation: 85 Cal.App.4th 58
WCC Citation: WCC 4012000 CA
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