Case Name:	Demkowski v. Lee		08/30/1991
Summary:	LAWRENCE DEMKOWSKI, Plaintiff and Respondent, v. SOON KEUN LEE, Defendant and Appellant; CITY OF SAN JOSE, Claimant and Respondent. Statement of the Case Plaintiff Lawrence Demkowski filed an action against defendant Soon Keun Lee for personal injuries he suffered when her car collided with his. Demkowski's employer, the City of San Jose (City), filed a complaint in intervention against Lee to recover the workers' compensation benefits it had paid Demkowski as a result of the accident. After a trial, the jury found in favor of Demkowski and the City, awarding them $40,000 and $19,397. 21, respectively. In short, the instructions did not require the jury to segregate damages, and standing alone, they permit the jury to award Demkowski all of his damages and the City all of the benefits it paid to Demkowski, even though the combination of such awards would constitute a double recovery from Lee.
Note:	Jury verdict on civil subrogation case ambigous so judgment as to damages reversed.
Citation:	233 Cal.App.3d 1244
WCC Citation:	WCC 31511991 CA

Case Name:	Denny's Inc. vs. WCAB (BACHMAN)		01/17/2003
Summary:	In November 2001, the WCAB denied Denny's petition for reconsideration and adopted the WCJ's reasoning as its own. DISCUSSION Denny's contends the WCAB erred by dismissing CIGA as a party to the workers' compensation proceedings and requiring Denny's to pay the full amount of Bachman's disability award. The WCAB will hold the multiple employers or insurance carriers in the chain of causation jointly and severally liable for the entire award and allow them to apportion their relative liabilities in separate WCAB {Slip Opn. In summary, the WCAB concluded that Denny's and HIH America were jointly and severally liable for Bachman's disability award. The WCAB therefore properly dismissed CIGA as a party to the workers' compensation proceedings.
Note:	CIGA not liable for portion of CT where employer self-insured for other portion.
Citation:	104 Cal.App.4th1433
WCC Citation:	WCC 29072003 CA

Case Name:	Dept of Rehab vs. WCAB (Lauher)		06/26/2003
Summary:	William A. Herreras and Susan Silberman for California Applicants' Attorneys Association as Amicus Curiae on behalf of Respondent Ronald Lauher. The WCJ denied a petition for reconsideration, as did the Workers' Compensation Appeals Board (WCAB or the Board). The WCJ thereafter denied a petition for reconsideration; the WCAB, over one dissent, affirmed. The Court of Appeal disagreed with the WCAB, finding Lauher had not met his burden of presenting a prima facie case of discrimination under section 132a. In this way, society supports the program as a[n] integral element of commerce and industry, rather than through tax-supported plans. "
Note:	No TD for time off for post P&S treatment; not discrimination if require use of sick/vacation time.
Citation:	30 Cal. 4th 1281
WCC Citation:	WCC 29402003 CA

Case Name:	Dept. of Corrections and Rehabilitation v. WCAB		09/10/2008
Summary:	After considering this history, the WCAB here concluded that section 4663(e) was in effect as of the effective date of section 4663. Petitioner, Department of Corrections and Rehabilitation (the Department), contends that the WCAB erred and section 4663(e) applies only prospectively from the date of its enactment. On September 25, 2007, Judge Robinson recommended in writing that the WCAB deny the petition. On October 4, 2007, WCAB Presiding Judge Cuneo issued an order and decision denying reconsideration and incorporating Judge Robinson's report and recommendation. Section 3212. 2, which applies to custodial, supervisory, and security officers and employees of the Department of Corrections and Rehabilitation, the Department of Youth Authority, and Atascadero State Hospital, covers heart trouble.
Note:	Section 4663(e), when enacted, declared existing law. Section 4663 was not intended to repeal the non-attribution presumptions of sections 3212 through 3213.2 and did not do so by implication.
Citation:	C057410
WCC Citation:	WCC 34182008 CA

Case Name:	Dept. of Corrections v. WCAB		02/01/1979
Summary:	The California Department of Corrections petitions for review of a decision by the Workers' Compensation Appeals Board (hereafter WCAB) awarding death benefits to respondent Deanna Antrim. This court must decide whether the WCAB had the authority to award death benefits under Labor Code section 4701 et seq. Further, the WCAB has been granted broad powers in Labor Code section 4704 to reassign or reapportion any death benefit 'in a just and equitable manner. 'A second claim for death benefits was filed with the WCAB by the deceased's minor daughter from a prior marriage, Deanna Antrim. Nevertheless, our inquiry does not end here since the Legislature also expressly granted the WCAB discretion in awarding death benefits.
Note:	PERS benefits provide additional compensation and are construed liberally due to hazards of public employment.
Citation:	23 Cal.3d 197
WCC Citation:	WCC 24661979 CA

Case Name:	Dept. of Corrections v. WCAB		02/01/1979
Summary:	The California Department of Corrections petitions for review of a decision by the Workers' Compensation Appeals Board (hereafter WCAB) awarding death benefits to respondent Deanna Antrim. This court must decide whether the WCAB had the authority to award death benefits under Labor Code section 4701 et seq. Further, the WCAB has been granted broad powers in Labor Code section 4704 to reassign or reapportion any death benefit 'in a just and equitable manner. 'A second claim for death benefits was filed with the WCAB by the deceased's minor daughter from a prior marriage, Deanna Antrim. Nevertheless, our inquiry does not end here since the Legislature also expressly granted the WCAB discretion in awarding death benefits.
Note:	Death benefits may be awarded to dependents otherwise denied if
Citation:	23 Cal.3d 197, 44 CCC 114
WCC Citation:	WCC 3911979 CA

Case Name:	Dept. of Education v. WCAB (Gill)		03/16/1993
Summary:	DEPARTMENT OF EDUCATION, DIVISION OF STATE SPECIAL SCHOOLS, CALIFORNIA SCHOOL FOR THE DEAF, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and THELMA SWAIN GILL, Respondents. 4 work, expert vocational testimony that applicant was not feasible for vocational rehabilitation pursuant to LeBoeuf v. Workers' Comp. On November 5, 1991, the WCJ submitted to the Board his report on petition for reconsideration, recommending that the petition be denied. The Fuentes approach is used where apportionment is justified by the evidence, the Wilkinson one where it is not. Thus, when the WCAB in Harold found that Harold's 1971 injury and 1973 injury became permanent and stationary at the same time the WCAB was still properly exercising its continuing jurisdiction over the 1971 injury.
Note:	Method of converting PD rating to a number of weeks of workers' comp.
Citation:	14 Cal.App.4th 1348
WCC Citation:	WCC 25071993 CA

Case Name:	Dept. of Highway Patrol v. WCAB		04/18/1995
Summary:	DEPARTMENT OF THE CALIFORNIA HIGHWAY PATROL, Petitioner, v. WORKERS'COMPENSATION APPEALS BOARD, SUSAN R. BENSON, as Executor, etc. , et al. , Respondents. He had been employed for 25 years as a traffic officer, from September 1954, until his retirement on September 9, 1979, by defendant Department of the California Highway Patrol, insured by the State Compensation Insurance Fund (SCIF). Dr. Goldfarb expressed the opinion that Sills's employment with the highway patrol had been very stressful and had aggravated and accelerated Sills's heart conditions. There was slight improvement, and home care was then provided by licensed vocational nurses and by his fianc'e, Kathryn Compton. 2 Proceedings were held at the Board concerning Sills's workers' compensation claim; benefits accrued pursuant to that claim survived his death.
Note:	WCJ erred by using last date of work for dependency status of children rather than date of injury.
Citation:	33 Cal.App.4th 1828, 60 CCC 308
WCC Citation:	WCC 25311995 CA

Case Name:	Dept. of Indus. Rel. v. WCAB (Tessler)		06/14/1979
Summary:	DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF INDUSTRIAL ACCIDENTS, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, JEREMY SHANNON TESSLER et al. , Respondents. Younger and George Deukmejian, Attorneys General, Robert L. Bergman, Assistant Attorney General, and B. Franklin Walker, Deputy Attorney General, for Petitioner. Tessler had resided with decedent for approximately three to four months at the time of his death. * California Administrative Code, title 8, section 10870, relating to the Workers' Compensation Appeals Board's procedures, provides: 'Approval of Compromise and Release. The petition of respondent State Compensation Insurance Fund for a hearing by the Supreme Court was denied August 8, 1979.
Note:	Balance of death benefit payable to state cannot be avoided by C&R.
Citation:	94 Cal.App.3d 721, 44 CCC 591
WCC Citation:	WCC 25981979 CA

Case Name:	Derrick v. WCAB		09/23/1984
Summary:	DEBORAH FAITH DERRICK, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and DEPARTMENT OF CORRECTIONS, Respondents. After initial emergency hospital care, applicant was treated by several physicians, including one who referred her to Theodore Gray, D. C. , in February 1981 for chiropractic treatment. Dr. Jones submitted his first report to the Department in May 1981 and regularly submitted reports thereafter through March 1982. The Department paid Dr. Jones for applicant's treatment for a period in 1981 before terminating payments. The Department withdrew the issue of the lien and self-procured treatment and agreed, before decision, to satisfy the lien of Dr. Jones.
Note:	Change of doctor issue not properly before WCAB because 4603 procedure not followed.
Citation:	159 Cal.App.3D 451, 49 CCC 621
WCC Citation:	WCC 24341984 CA