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Case Law Library

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 of the State of California v. Culpepper 04/30/2018
Note: Exclusive remedy doesn’t prevent an insurance carrier from proceeding with a suit against a former professional football player who appeared on the television show 'Survivor" after settling his workers’ compensation claim for fraud, the U.S. 9th Circuit Court of Appeals ruled.
Citation: No. 16-56639
WCC Citation: D.C. No. 8:16-cv-01555-CJC-JCG
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
Case Name: People v. Blick 07/24/2007
Note: In order to violate subsection (b)(3) of Insurance Code section 550, a person, in addition to concealing or knowingly failing to disclose, must intend to obtain benefits to which they would not be entitled if they had made the disclosure. In short, the person must intend to commit a fraud.
Citation: 153 Cal. App. 4th 759; 63 Cal. Rptr. 3d 260
WCC Citation: WCC 32402007 CA
Case Name: People v. Boulware 04/10/2008
Note: [Unpublished] After the appellant has obtained an order for a new trial, a trial court is limited to imposing a sentence no greater than that originally imposed. Thus, the trial court here was unhampered during resentencing by its former choice of middle-term punishment for the insurance fraud.
Citation: B199914
WCC Citation: WCC 33402008 CA
Case Name: People v. Chavez 04/02/2008
Note: [Unpublished] Appointed counsel has filed an opening brief that states the case and facts but raises no issues. The court notified defendant of his right to submit written argument in his own behalf within 30 days. That period has elapsed and the court received no response from defendant. There is no triable issue on appeal.
Citation: H031813
WCC Citation: WCC 33362008 CA
Case Name: People v. DiGiorgio 10/20/2009
Note: [Unpblished] Police officer's conviction for insurance fraud upheld.
Citation: G041559
WCC Citation: WCC 35732009 CA
Case Name: People v. Galante 02/04/2008
Note: [Unpublished] Appellant failed to establish the relevance of testimony from his proffered medical experts. The court's exclusion of irrelevant evidence did not violate appellant's right to present a defense.
Citation: B190373
WCC Citation: WCC 33132008 CA
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