Case Name:	Entin v. Superior Court of LA County		08/20/2012
Summary:	ENTIN v. SUPERIOR COURT OF LOS ANGELES COUNTY ALLEN M. ENTIN, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Real Party in Interest. Entin filed a petition for writ of mandate seeking an order directing the superior court to grant his request for a jury trial. We issued an order to show cause and now conclude that the trial court erred in denying Entin a jury trial. Entin filed a petition for writ of mandate seeking an order from this court directing the superior court "to vacate its order . Although the California Supreme Court acknowledged that the insurer had not appealed the jury trial issue, the court concluded that the trial court had properly decided the issue, explaining: "The general rule is .
Note:	A physician who claimed to be totally disabled by migraine headaches was entitled to a jury trial for his coverage dispute with his disability insurance carrier.
Citation:	B239642
WCC Citation:	WCC 39232012 CA

Case Name:	Erickson v. Southern California Permanente Medical Group/Kaiser Permanente		12/28/2006
Summary:	WORKERS' COMPENSATION APPEALS BOARD, STATE OF CALIFORNIA CARYL ERICKSON, Applicant, vs. SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP/KAISER PERMANENTE, Permissibly Self-Insured, Defendant(s). POM 0246580 POM 0246582 OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, Southern California Permanente Medical Group/Kaiser Permanente, seeks reconsideration of the Amended Findings and Award issued by the workers' compensation administrative law judge (WCJ) on November 16, 2006. Dr. Lobley found that applicant's neck disability precluded her from substantial work, from heavy lifting, and from work above shoulder level. Further, the WCJ concluded that applicant's conclusively existing low back disability overlaps (and is subsumed by) her current neck and fibromyalgia disability. Thus, Dykes applied a variant of the "formula C" that the California Supreme Court had considered (and rejected) in Fuentes v. Worker's Comp.
Note:	Applicant's stipulated award of 25% permanent disability shall be apportioned in accordance with Labor Code section 4664, but the calculation of the amount of permanent disability indemnity due after apportionment is deferred.
Citation:	72 CCC 103
WCC Citation:	WCC 32022006 CA

Case Name:	Ervin v. Estate of Beck		07/10/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE ROLAND ERVIN, Plaintiff and Appellant, v. ESTATE OF JOHANNA LITTLE BECK et al. , Defendants and Respondents. SUMMARY Roland Ervin, representing himself, obtained the default of two persons, William Little Jr. and the Estate of Johanna Little-Beck, in this action. Also, in an Orange County probate proceeding involving the Estate of Johanna Little-Beck, Ervin has file creditor's claims. The defendants included Johanna Little-Beck, The Cary Beck Land Trust, Robert C. Beck (Estate of), and Freda A. Wyckoff. It also appears that Ervin has taken the default of both William D. Little Jr. and the Estate of Johanna Little-Beck.
Note:	[Unpublished] The proper course of action, given the default setting, was not outright dismissal with prejudice, but a stay, so as to allow Ervin a chance to amend his complaint.
Citation:	G039060
WCC Citation:	WCC 33952008 CA

Case Name:	Escobedo v. Marshalls; CNA Ins. Co.		04/18/2005
Summary:	With regard to apportionment, Dr. Ovadia stated: "Ms. Escobedo's left knee residuals are directly related to the October 28, 2002 injury. Section 4663 as amended by SB 899 provides: "(a) Apportionment of permanent disability shall be based on causation. "(c) In order for a physician's report to be considered complete on the issue of permanent disability, it must include an apportionment determination. "(d) An employee who claims an industrial injury shall, upon request, disclose all previous permanent disabilities or physical impairments. "In this case, however, there is no assertion that applicant's preexisting arthritis was exacerbated or accelerated by her industrial injury.
Note:	Steps to apply apportionment under SB 899.
Citation:	70 CCC 604 (2005)
WCC Citation:	WCC 30942005 CA

Case Name:	Espejo v. The Copley Press, Inc. Part 1/3		07/07/2017
Summary:	Filed 7/7/17 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA .              LILIANA ESPEJO et al. , Plaintiffs and Appellants, .             v. .              THE COPLEY PRESS, INC. , Defendant and Appellant. .              D065397 .              (Super. .            The case was tried to the court in May and June of 2013. .            Plaintiffs' lead counsel and associate counsel filed separate motions for attorney fees under section 1021. 5 and section 2802. [¶] .
Note:
Citation:	D065397
WCC Citation:	Super. Ct. Nos. 37-2009-00082322-CU-OE-CTL, 3

Case Name:	Espejo v. The Copley Press, Inc. Part 2/3		07/07/2017
Summary:	The court suggested that the threshold issue of whether the carriers were employees or independent contractors was a jury question. And I would like to see us avoid second shot [i. e. , jury trial], and I think you would too. ", and we have a little more flexibility on how to do it because we've done this a few times. ".            Section 2802, subdivision (a) requires an employer to indemnify its employees for all necessary expenditures they incur in discharging their duties. .          UT asserts that business expenses under section 2802 are not recoverable as restitution under section 17200.
Note:
Citation:	D065397
WCC Citation:	Super. Ct. Nos. 37-2009-00082322-CU-OE-CTL,

Case Name:	Espejo v. The Copley Press, Inc. Part 3/3		07/07/2017
Summary:	The value of legal services performed in a case is a matter in which the trial court has its own expertise. The trial court may make its own determination of the value of the services contrary to, or without the necessity for, expert testimony. '(Ketchum v. Moses (2001) 24 Cal. 4th 1122, 1132 (Ketchum), citing Serrano v. Priest (1977) 20 Cal. 3d 25, 49 (Serrano III). )The Ketchum court noted that the lodestar "may be adjusted by the court based on [those] factors . It should also consider the degree to which the relevant market compensates for contingency risk, extraordinary skill, or other factors under Serrano III.
Note:
Citation:	D065397
WCC Citation:	Super. Ct. Nos. 37-2009-00082322-CU-OE-CTL, 3

Case Name:	Espinoza v. County of Orange		02/09/2012
Summary:	ESPINOZA v. COUNTY OF ORANGE RALPH ESPINOZA, Plaintiff and Appellant, v. COUNTY OF ORANGE, Defendant and Appellant. Defendant County of Orange appeals from a judgment in favor of its employee, plaintiff Ralph Espinoza, in his action for harassment based on disability and failure to prevent harassment under the California Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq. Plaintiff began working for the Orange County Probation Department (department) in July 1996 when he was in his 30's. It also ain't run by O. C. E. A. ," the last presumably referring to the Orange County Employees Association. In Mokler v. County of Orange (2007) 157 Cal. App. 4th 121 we held the alleged sexual harassment of plaintiff was not sufficiently pervasive or severe to sustain a judgment under FEHA.
Note:	A California appellate court affirmed an $820,700 disability harassment award for an Orange County juvenile probation officer on Thursday, after concluding that the trial court rightfully considered hurtful comments that were posted on a co-worker's blog.
Citation:	G043067
WCC Citation:	WCC 38562012 CA

Case Name:	Espinoza v. WCAB (Los Angeles County Jail)		02/05/2013
Summary:	ESPINOZA v. WORKERS' COMPENSATION APPEALS BOARD STEWART ESPINOZA, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and LOS ANGELES COUNTY JAIL, Respondents. On January 17, 2012, the Workers' Compensation Appeals Board (WCAB) found that petitioner Stewart Espinoza, while an inmate of the Los Angeles County Men's Central Jail, was not an employee of the County of Los Angeles (County) at the time that he was injured while working as a cook in the jail, and that he was therefore not eligible for workers' compensation benefits. The solution to this problem was the enactment in 1970 by the Los Angeles County Board of Supervisors of an order, referred to hereafter as Order #91, which provides that persons confined in the county jail may be compelled to perform labor under the direction of a county official. Facts Prior to the trial before the workers' compensation administrative law judge (WCJ), Espinoza and County stipulated that Espinoza was working as a cook in the county jail on November 1, 2005 when he sustained an injury to his left shoulder. The parties also stipulated that if Espinoza was found to be County's employee, the injury arose in the course and scope of employment.
Note:	California's 2nd District Court of Appeal ruled that a Los Angeles County inmate who hurt his shoulder while working in the kitchen at the jail was not an
Citation:	B239438
WCC Citation:	WCC 39812013 CA

Case Name:	Esquivel v. WCAB		10/13/2009
Summary:	For reasons unrelated to her need for that treatment, Esquivel drove about 130 miles to her mother's home in Hesperia, in San Bernardino County. With respect to those injuries, Esquivel was insured through her employer for workers' compensation by New Hampshire Insurance Company. B. Esquivel's New Injuries and Amended Workers' Compensation Claim In May 2007*fn1 Esquivel resided in the City of San Diego. Esquivel later claimed that her motor vehicle accident injuries were a compensable consequence of her industrial injuries. The WCJ awarded Esquivel temporary disability indemnity in a specified weekly amount, plus further medical treatment.
Note:	The employer bears the risk of incurring compensability liability under the Act for an injury an employee suffers during travel to or from a medical appointment related to an existing compensable injury while the employee is traveling a reasonable distance, within a reasonable geographic area, to or from that appointment.
Citation:	D054197
WCC Citation:	WCC 35712009 CA