Case Name:	Amalgamated Transit Union vs. LA Co MTA		03/28/2003
Summary:	AMALGAMATED TRANSIT UNION, LOCAL 1277, Plaintiff and Appellant, v. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, Defendant and Respondent. Appellant Amalgamated Transit Union Local 1277 (the Union) appeals from the trial court's denial of a petition to compel the employer, respondent Los Angeles County Metropolitan Transit Authority (the MTA), to arbitrate pursuant to their collective bargaining agreement. The grievance alleged that she wanted to go back to work but that the MTA acted in bad faith. Approximately six months later, on June 1, 2000, after a second-step hearing on Sutherland's grievance, the MTA again denied the grievance. On June 7, 2000, the Union requested that the MTA arbitrate the grievance.
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
Summary:	HOWARD AMBORN, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD and DEPARTMENT OF CALIFORNIA HIGHWAY PATROL, Respondents (Opinion by Rattigan, Acting P. J. , with Christian, J. , and Elkington, J. , concurring. )OPINION RATTIGAN, Acting P. J. Howard Amborn, the applicant in a workmen's compensation proceeding, petitioned this court for review of the final award made therein. The Workmen's Compensation Appeals Board (hereinafter the 'appeals board') adopted the referee's 'Findings and Award,' in all respects, after proceedings upon reconsideration thereof. 3 Section 4800 makes no distinction between temporary and permanent disability, or between temporary and permanent 'disability payments. '3, ante), limits a disabled highway patrolman's salaried leave of absence to the period of his temporary disability.
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

Case Name:	Amer. Intern. Adj. Co., Inc. v. Crawford		01/09/1997
Summary:	On December 3, 1993, the superior court (Judge Stock) issued a TRO freezing Professional's assets and setting a contested hearing. The next day the court dissolved the TRO and declined to issue a writ of attachment or preliminary injunction. The court's statements at the December 14 hearing indicated the court's displeasure with 'a plaintiff contesting this matter in two forums. On February 25, 1994, the court sustained the demurrer without leave to amend on the ground the WACB had exclusive jurisdiction. The court conceded American had argued 'with some degree of persuasion' that 'there's dual jurisdiction over these kinds of matters . . .
Note:	WCAB has jurisdiction over bad faith or fraud claims against carriers or medical/legal lien claimants.
Citation:	51 Cal. App. 4th 1489, 62 CCC 22
WCC Citation:	WCC 24851997 CA

Case Name:	Amer. Psych. Consultants, Inc. v. WCAB		07/21/1995
Summary:	Defendant Republic did not contest the bill as unreasonable or unnecessary within the 60-day period permitted in Labor Code section 4622. 4 The WCJ recommended denial of reconsideration, on the ground that APC's petition for reconsideration had not been verified. Applicant underwent surgery on November 20, 1990, and was released by Dr. Najafi to return to work in January 1991. Applicant obtained counsel and signed a claim form on December 5, 1990, which was received by defendant employer on December 12, 1990. Defendants responded the services rendered by Apex were not medical-legal expenses subject to the statutory provisions cited by Apex.
Note:	When both parties equally mistaken where money was paid, restitution not available.
Citation:	36 Cal.App.4th 1626, 60 CCC 559
WCC Citation:	WCC 24401995 CA

Case Name:	Ameri-Medical Corp. v. WCAB		02/27/1996
Summary:	On May 7, 1990, Lizzi filed an employee's claim alleging an industrial injury to her psyche due to stress. Subsequently, Lizzi sought a psychological examination and evaluation for medical-legal purposes at the Eleventh Street Clinic, owned by Ameri-Med. Franco and Kreman were independent contractors and if Ameri-Med charged respondents an amount in excess of the physicians' direct charges. In Ameri-Medical Corp. v. Workers' Compensation Appeals Board, WCAB No. LBO 218124, the February 18, 1994, order of the Board is annulled. Ameri-Medical Corp. v. Workers' Compensation Appeals Board, WCAB No. LBO 218124.
Note:	Defendants objecting to bill have interest in impermissable charges but not unfettered access to doctor's business records; Disclosure of identity of medical reports preparers is essential.
Citation:	42 Cal.App.4th 1260, 61 CCC 149
WCC Citation:	WCC 24421996 CA

Case Name:	American Cargo Express v. Superior Court of Sacramento County		10/13/2017
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) .             AMERICAN CARGO EXPRESS, INC. , et al. , Petitioners, .             v. .             THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; .             CALIFORNIA SELF-INSURERS’ SECURITY FUND, Real Party in Interest. .             C081125 .             (Super. .           Filed 10/13/17 .           CERTIFIED FOR PUBLICATION .           IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA .           THIRD APPELLATE DISTRICT .           (Sacramento) .           AMERICAN CARGO EXPRESS, INC. , et al. , Petitioners, .           v. .           THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; .           CALIFORNIA SELF-INSURERS’ SECURITY FUND, Real Party in Interest. Ct. No. 34201100113628) .           ORDER MODIFYING OPINION, DENYING PETITION FOR REHEARING, AND GRANTING REQUEST TO PUBLISH .           [NO CHANGE IN JUDGMENT] .           ORIGINAL PROCEEDINGS in mandate and/or prohibition. .           FOR THE COURT: .           /S/ BLEASE, Acting P. J.
Note:	The 3rd District Court of Appeal ruled that the California Self-Insurers’ Security Fund can proceed with its claim for reimbursement from the former clients of a defunct staffing company.
Citation:	C081125
WCC Citation:	Super. Ct. No. 34201100113628

Case Name:	American Casualty v. Miller		01/29/2008
Summary:	The CGL Policy Plaintiff and respondent American Casualty Company of Redding, PA. (American Casualty), provided Miller, doing business as Stripper Herk, with a CGL policy, which was effective from April 26, 2002 to April 26, 2003. In May 2004, Miller tendered the Valenzuela action and re-tendered the Zurich action to American Casualty. On May 28, 2004, American Casualty refused to defend or indemnify Miller with respect to the lawsuits. In January and February 2005, Miller again requested that American Casualty defend and indemnify him for damages resulting from Valenzuela's injuries. American Casualty Files For Declaratory Relief On June 7, 2005, American Casualty filed a complaint for declaratory relief against Miller, doing business as Stripper Herk, and Valenzuela (defendants).
Note:	The injured worker's injuries arose from an event commonly thought of as environmental pollution. An ordinary insured would reasonably expect that the release of methylene chloride into a public sewer is environmental pollution.
Citation:	B192216
WCC Citation:	WCC 33092008 CA

Case Name:	American Home Assurance v. WCAB (Wuertz)		09/11/2009
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT AMERICAN HOME ASSURANCE, Petitioners, v. WORKERS COMPENSATION APPEALS BOARD and DONALD WUERTZ, Respondents. Mullen & Fulippi, LLP, Bruce K. Wade for Petitioner, American Home Assurance. -ooOoo- American Home Assurance (AHA) petitions this court for a writ or review on behalf of its insured, RR Donnelley, from a decision of the Workers Compensation Appeals Board (WCAB). Safety meetings, meanwhile, occur during regularly scheduled shifts and no one is called in to the worksite from home. The WCAB summarily denied the petition for reconsideration, adopting and incorporating the WCJs report and recommendation.
Note:	A worker who was injured while riding his motorcycle to a rare work-related meeting on his day off was performing a 'special mission' at the time, and is entitled to compensation for his injuries.
Citation:	F057906
WCC Citation:	WCC 35662009 CA

Case Name:	American Medical Response v. WCAB (Westerman)		04/24/2012
Summary:	AMERICAN MEDICAL RESPONSE v. WORKERS' COMPENSATION APPEALS BOARD AMERICAN MEDICAL RESPONSE et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and RONALD WESTERMAN, Respondents. Petitioners American Medical Response and Ace American Insurance Company sought reconsideration, principally on the basis that Westerman did not undergo a critical diagnostic test. FACTS Respondent Westerman was employed as a paramedic by petitioner American Medical Response. According to his wife, Westerman gained weight while employed by American Medical Response. The WCJ's report stated: "In addition, the medical reporting itself does not require reasonable medical certainty as the defendant states here. "
Note:	Substantial evidence existed to prove that a stroke which rendered a 50-year-old paramedic permanently and totally disabled arose out of and in the course of employment, even though the applicant had allegedly refused to undergo a medical test that might have disproved his treating physician's causation theory.
Citation:	B235468
WCC Citation:	WCC 38882012 CA

Case Name:	American Modern Home Ins. Co. v. Fahmian, et al.		04/08/2011
Summary:	Fahmian tendered the matter to his homeowners insurance company, American Modern Home Insurance Company (American Modern), which accepted the defense of the personal injury lawsuit, subject to a reservation of rights. The jury also found that Fahmian did not have sufficient time to make a reasoned reply to American Modern. American Modern did not receive any communication from Fahmian or any attorney purporting to represent him after July 5. Did American Modern expressly notify Sohail Fahmian of American Modern's intent to accept the settlement offer made on behalf of Mr. Rudy Montoya?Co. (1977) 66 Cal. App. 3d 981, 994); because American Modern Home did not give Fahmian a reasonable amount of time to decide, Fahmian is not liable to American Modern Home. "
Note:	A homeowners insurance company is entitled to a $300,000 reimbursement from an insured employer after proving that its policy excluded any coverage for his private business.
Citation:	G042799
WCC Citation:	WCC 37422011 CA