Case Name:	Bloch Medical Clinic v. WCAB		04/22/1997
Summary:	Bloch Medical Clinic, Petitioner v. Workers Compensation Appeals Board, Sonia Rodriguez, National Stores, Inc. , State Compensation Insurance Fund, Respondents. Civil No. B097283 Court of Appeal, Second Appellate District, Division Five April 22, 1997 Counsel:For petitioner--Stephen M. Schwartz For respondents employer and insurer--Krimen, Klein, Da Silva, Daneri & Bloom, by Louis Harris For respondent WCAB--No appearance Opinion-By Grignon, Acting P. J. Petitioner Bloch Medical Clinic (Dr. Bloch) petitions for review of a decision of the Workers' Compensation Appeals Board (WCAB) denying reconsideration of an order of the Workers' Compensation Judge (WCJ) denying medical-legal expense and reducing claimed medical treatment charges. As to the other issues raised by Dr. Bloch, we found no error on the part of the Board. In February 1992, employee consulted an attorney, who referred her to, among others, Dr. Bloch, a psychiatrist. On February 21, 1992, the attorney requested medical treatment, but not a medical-legal evaluation, from Dr. Bloch.
Note:	Failure to pay or object in 60 days subject carrier to 10% penalty.
Citation:	62 CCC 589
WCC Citation:	WCC 28721997 CA

Case Name:	Blue Cross of CA. v. WCAB		04/10/1998
Summary:	Jurisdiction was reserved over the lien of Blue Cross. Defendant filed a DOR which was served on Blue Cross, and Blue Cross made no objection to the matter going forward. Yet, Blue Cross did not object to the DOR and request additional time to obtain the records and obtain a medical-legal report. Thus Blue Cross waived its right to perform additional discovery by failing to object to the declaration of readiness. The WCAB denied Blue Cross' Petition for Reconsideration and the appellate court denied its Petition for Writ of Review.
Note:	No denial of due process where Blue Cross could've requested continuance to obtain necessary records.
Citation:	63 CCC 604 (Writ Denied)
WCC Citation:	WCC 28031998 CA

Case Name:	Blumenfeld v. Qualcomm, Inc.		09/23/2010
Summary:	In 2001 Blumenfeld applied for and received a transfer into a programmer analyst position, reporting to Tange. In 2001, when Blumenfeld was transferred to his group, Tange was a network analyst, supervising five or six individuals. Rather, Blumenfeld and the other employees Tange supervised "raved about him" in performance reviews submitted confidentially to his supervisor. Blumenfeld said once Tange put her outside his "circle of trust" for a week and called her a "walrus. "Blumenfeld also submitted evidence that during the investigation of Tange, Qualcomm discovered that he had sexually harassed two other female employees.
Note:	Exclusive remedy did not bar a former employee's intentional infliction of emotional distress claim because she alleged that it resulted from her supervisor's despicable sexual harassment, the 4th District Court of Appeal concluded.
Citation:	D055441
WCC Citation:	WCC 36732010 CA

Case Name:	Board of Chiropractic Examiners v. Superior Court of Sacramento County (Carole Arbuckle)		02/26/2009
Summary:	Ct. No. 03AS00948 STATE BOARD OF CHIROPRACTIC EXAMINERS et al. , Petitioners, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; CAROLE M. ARBUCKLE, Real Party in Interest. Here, the employee filed a complaint with the State Personnel Board, and the board issued adverse findings. She was hired as an office assistant by the State Board of Chiropractic Examiners (SBCE) and was eventually promoted to management services technician. The trial court denied the motion, but the Court of Appeal issued an alternative writ and stayed the proceedings in the trial court. Only then, the Court of Appeal held, could Arbuckle pursue a civil damages action in superior court.
Note:	An employee of the California Chiropractic Board of Examiners who claims she was harassed at work after pointing out that the board's chairwoman had been practicing without a license was not required to exhaust all administrative remedies before filing a civil whistleblower complaint.
Citation:	S151705
WCC Citation:	WCC 35002009 CA

Case Name:	Bock v. City of Healdsburg		05/30/2012
Summary:	* Appellant Lorie Bock sued her former employer, respondent City of Healdsburg (Healdsburg or City), alleging that she suffered various forms of discrimination while employed as a meter reader. Bradbury, in turn, reported to City finance director Tamera Haas, who herself reported to City manager Chester Wystepek. City manager Wystepek likewise testified that he was not aware of any problems that appellant had with her feet. (m)), appellant was required to prove, among other things, that "the City of Healdsburg thought that Lorie Bock had a physical condition that limited her ability to walk and/or her ability to work," or that "the City of Healdsburg knew that Lorie Bock had a physical condition that limited her ability to walk and/or her ability to work. (n)), appellant was required to prove, among other things, that appellant had a physical condition "that was known to the City of Healdsburg.
Note:	A Northern California trial judge did not err in instructing the jury on a meter reader's disability discrimination claims, a state appellate court ruled, upholding a jury's determination that the worker's complaints about her aching feet were insufficient to give her employer notice of her disabling medical condition and give rise to a duty to accommodate her.
Citation:	A132200
WCC Citation:	WCC 39012012 CA

Case Name:	Boehm & Assoc vs. WCAB		04/25/2003
Summary:	BOEHM & ASSOCIATES, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD AND INTERNATIONAL UNION OF HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES et al. , Respondents. OPINION HULL, J. - Petitioner Boehm & Associates seeks review of a decision by the Workers' Compensation Appeals Board (Board) restricting or denying recovery on several medical lien claims. The lien claim lists Boehm & Associates as the attorneys for MRCH. Nevertheless, Boehm & Associates filed the instant petition for review in its own name, on behalf of the medical providers. Because the uninsured employer denied industrial causation, the employee was forced to seek payment of medical expenses through Medi-Cal.
Note:	While W&I Code 14124.70 et seq. applies generally to WC liens, it does not apply where the settlement did not include consideration of existing lien claims.
Citation:	108 Cal.App.4th 137
WCC Citation:	WCC 29292003 CA

Case Name:	Bolanos v. Priority Business Services Part 1/2		03/09/2018
Summary:	This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115(a).   IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR .             RENE BOLANOS, Plaintiff and Respondent, .             v. .             PRIORITY BUSINESS SERVICES, INC. , Defendant and Appellant. .             B280139 .             (Los Angeles County Super. .           Priority sent Bolanos to a clinic (selected by Priority) to get a medical checkup the next day. .           Bolanos resumed his practice of checking in with Priority in person or by phone to ask for work. . ” .           Cox similarly testified at trial that at the time Bolanos’s employment with Priority ended, Priority believed Bolanos had resigned.
Note:
Citation:	B280139
WCC Citation:	Los Angeles County Super. Ct. No. BC589714

Case Name:	Bolanos v. Priority Business Services Part 2/2		03/09/2018
Summary:	.           Bolanos additionally submitted itemized billing records supporting his fee request. .           In reply, Bolanos requested an additional $10,697. 08 in fees incurred in connection with the fee motion, supported by an attorney declaration and itemized billing record. .           Conversely, Priority claims that the court should not have excluded the survey of billing rates it submitted. .           “‘A contingent fee must be higher than a fee for the same legal services paid as they are performed. .         Priority again argues that the lodestar should be reduced to reflect Bolanos’s limited success in this litigation.
Note:
Citation:	B280139
WCC Citation:	Los Angeles County Super. Ct. No. BC589714

Case Name:	Bolanos v. WCAB		10/03/2017
Summary:	This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115(a). IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN . MARCOS BOLANOS, Petitioner, . v. .  WORKERS’ COMPENSATION APPEALS BOARD and RAMIRO ZAPATA JIMENEZ et al. , Respondents. .  DIRECTOR OF INDUSTRIAL RELATIONS AS ADMINISTRATOR OF THE UNINSURED EMPLOYERS BENEFITS TRUST FUND, Real Parties in Interest. .  B276784 .  (W. C. A. B. Case No. ADJ587312) .  ORIGINAL PROCEEDINGS to review a decision of the Workers’ Compensation Appeals Board. .  Law Offices of Mark B. Simpkins and Mark B. Simpkins for Petitioner. .  We concur: .  PERLUSS, P. J.
Note:	Taxpayers are on the hook for a man's permanent total disability award after the California 2nd District Court of Appeals shot down the state's attempt to force a property owner to pay the benefits.
Citation:	B276784
WCC Citation:	W.C.A.B. Case No. ADJ587312

Case Name:	Bonner v. WCAB		11/29/1990
Summary:	KATHLEEN E. BONNER, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and State Compensation Insurance Fund, Respondents. In addition to petitioner and office manager Moodie, the employer had three other employees, Diana Resnick, Chris Bolton, and Anita Bottari. Petitioner, office manager Moodie, and employer Bonner each had a set of keys to the office. After a person entered the office door, a deadbolt lock customarily was secured by hand in order to relock the door. On October 17, 1986, the day of petitioner's accident, Moodie was the first to arrive at the office in the morning.
Note:	Board's failure to specify evidence relied upon, reasons for determination warrants reversal.
Citation:	225 Cal.App.3d 1023, 55 CCC 470
WCC Citation:	WCC 27341990 CA

Case Name:	Bontempo vs. WCAB		04/30/2009
Summary:	On April 14, 2003, Bontempo filed an Application for Adjudication of Claim with the Board, based on the knee injury (claim no. VNO 0471122). The hearing was taken off calendar when the parties decided to have Bontempo seen by an agreed medical examiner, Mason Hohl, M. D. , who examined and interviewed Bontempo and issued a report in November 2005. For claim no. VNO 0471122, the parties stipulated that on March 28, 2003, Bontempo, while employed by the City, "sustained industrial injury to his right knee. "Based on these findings, the hearing officer awarded Bontempo $49,256. 25 for the orthopedic claim (266. 25 times $185) and $39,600 for the pulmonary claim (180 times $220). G. Request for Reconsideration On January 18, 2008, Bontempo submitted a petition for reconsideration.
Note:	Alleging issues of permanent disability and apportionment on the pre-trial conference statement is sufficient to raise the issue of 4658(d)(2) increase at trial and on review.
Citation:	B207660
WCC Citation:	WCC 35192009 CA

Case Name:	Boughner v. Comp USA		06/02/2008
Summary:	WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA OPINION AND DECISION AFTER RECONSIDERATION (EN BANC) SCOTT BOUGHNER, Applicant, vs. COMP USA, INC. ; and ZURICH NORTH AMERICA, Defendant. The APA specifically provides that "Article 8 (commencing with Section 11350) shall not apply to the Division of Workers' Compensation. "of Accountancy (1992) 2 Cal. 4th 999, 1014-1015; Life Care Centers of America v. CalOptima (2005) 133 Cal. App. 4th 1169, 1183. )v. Superior Court (1976) 16 Cal. 3d 392, 411] (internal citations and quotation marks omitted); see also Yamaha Corp. of America v. State Bd. 8, § 10341; Gee v. Workers' Comp.
Note:	[En Banc] Applicant failed to carry his burden of demonstrating that the AD's adoption of the 2005 PDRS was arbitrary and capricious, or inconsistent with section 4660(b)(2).
Citation:	SFO 0491230
WCC Citation:	WCC 33782008 CA

Case Name:	Bowen v. WCAB		06/24/1999
Summary:	In 1992, the Marlins drafted [73 Cal. App. 4th 18] Bowen and Mack advised Bowen of this fact by telephone. Mack and Bowen entered into negotiations and eventually reached an oral agreement as to bonus, salary, the farm team Bowen would play for, and the term of employment. In reaching its decision, the WCAB failed to follow its own previous decisions and appellate workers' compensation law cases. It is noteworthy that neither the WCAB nor the Marlins contend that since the Marlins had not yet signed the contract there was no contract formed in California when Bowen signed it. [1b] Applying the reasoning of GATX-Fuller here, we conclude that the Marlins was the offeror when it sent contracts to Bowen in California, and Bowen was the offeree when he signed and returned them from California.
Note:	Employee hired in CA is covered by CA work comp laws regardless of contract.
Citation:	73 Cal.App.4th 15, 64 CCC 745
WCC Citation:	WCC 4201999 CA

Case Name:	Boxer, Elkind and Gerson v. WCAB		09/01/1998
Summary:	Boxer, Elkind and Gerson, Petitioner v. Workers' Compensation Appeals Board, Galaxy Lighting, Inc. , Northbrook Property and Casualty Insurance Company, St. Paul Fire & Marine Insurance Company, State of California/Subsequent Injuries Fund, Donna Cansino, Respondents. They claimed that the WCJ erred in relying on Goler v. W&J Sloane Co. (1979) 44 Cal. Cases 1065 (WCAB en banc), due to the fact that the present case was above average complexity, legitimating a higher award of attorney's fees. Cases 1065 (WCAB en banc), which the WCJ found was not overruled by Pilkenton and Tomlinson. The WCAB denied reconsideration of the matter, for the reasons proffered in the WCJ's report, which the WCAB adopted without further comment.
Note:	No grossly disproportionate attorney's fees in disability cases of similar complexity.
Citation:	63 CCC 1156
WCC Citation:	WCC 27121998 CA

Case Name:	Boyle v. Certainteed Corp.		03/10/2006
Summary:	Facts Plaintiffs are family members of Charles Edward Boyle who died in March 2002, allegedly from mesothelioma due to asbestos exposure. Plaintiffs filed a wrongful death action against CertainTeed Corporation (CertainTeed) and many other defendants. Plaintiffs also addressed the merits at length and submitted deposition transcripts, interrogatory responses, and documents as evidence allegedly showing decedent longshoreman's exposure to asbestos fibers imported by CertainTeed. Instead, CertainTeed insists that plaintiffs waived their challenge to General Order No. 157 by failing to raise the matter adequately in the trial court. Carlton v. Quint (2000) 77 Cal. App. 4th 690, upon which CertainTeed relies, is not to the contrary.
Note:	Order for expedited summary judgment for asbestos injury cases based merely on attorney certification is invalid.
Citation:	137 Cal. App. 4th 645
WCC Citation:	WCC 31472006 CA

Case Name:	Bracken vs. WCAB		09/25/1989
Summary:	THOMAS T. BRACKEN, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, COMMERCIAL CARRIERS, INC. , et al. , Respondents (Opinion by Klein, P. J. , with Danielson and Croskey, JJ. , concurring. )We hold the Board's decision must be annulled because the Board erred in concluding the cardiovascular injuries were not industrial. Specifically, that heart attack progressed in degree later that month and then gave rise in April, 1986, to a stroke. Dr. Gillis stated he knew of no medical literature that says the worse the heart attack, the greater the likelihood of stroke. It is common knowledge in medical literature that massive heart attacks go on to develop cerebral strokes soon thereafter.
Note:	Appellate court is not bound to accept the Board's factual findings where they are unreasonable or otherwise unsupported.
Citation:	214 Cal.App.3d 246
WCC Citation:	WCC 29311989 CA

Case Name:	Bradshaw v. Park		10/27/1994
Summary:	VICTORIA BRADSHAW, as Labor Commissioner, etc. , et al. , Plaintiffs and Respondents, v. DONALD PARK, Defendant and Appellant. ), P. J. Donald Park, doing business as Century Auto Body & Painting, appeals from a special judgment (Lab. 1 assessing a penalty of $2,000 against him for failure to obtain workers' compensation insurance in violation of section 3700. We conclude that entry of judgment against him does not offend any constitutional principles and affirm the judgment. Attached to the request was a document from the Department of Industrial Relations Division of Labor Standards Enforcement entitled 'Stop Order - Penalty Assessment. '
Note:	DIR's Stop Order not in violation of due process, separation of powers, or 'principle of check'.
Citation:	29 Cal.App.4th 1267
WCC Citation:	WCC 24321994 CA

Case Name:	Branco v. Race Street Fish & Poultry (WCAB En Banc)		01/31/1978
Summary:	Reconsideration was granted in order to further study and research the application of the Board's en banc decision in Cabello v. NL Industries [(1976)] 41 CCC 605. A $ 200. 00 attorney's fee was awarded by the trial judge from the applicant's portion of the stipulated award. The Board in their en banc decision applied Quinn v. State of California [(1975)] 15 Cal. 1, 539 P. 2d 761] and apportioned the $ 200. 00 attorney's fee between the Employment Development Department and the applicant's portion of the award. Like the instant case, Quinn dealt with a claim by an employee for apportionment of the attorney's fee.
Note:	Lien claimant responsible for 'fair share' of atty. fee award under certain circumstances.
Citation:	43 CCC 10
WCC Citation:	WCC 27161978 CA

Case Name:	Brannan v. Lathrop Construction Associates, Inc.		05/21/2012
Summary:	BRANNAN v. LATHROP CONSTRUCTION ASSOCIATES, INC. BRIAN BRANNAN et al. , Plaintiffs and Appellants, v. LATHROP CONSTRUCTION ASSOCIATES, INC. , Defendant and Respondent. While working for a masonry subcontractor at a school construction site, Brian Brannan slipped on wet scaffolding and injured his back. He sued the general contractor, Lathrop Construction Associates, Inc. (Lathrop), alleging his injuries were caused by Lathrop's negligence in sequencing and coordinating construction work at the site, and failing to call a "rain day" to protect workers from dangerous conditions caused by slippery surfaces. Lathrop did not direct Garcia or Brannan on how the masonry was to be laid. In Ray, an employee of a bridge construction subcontractor was killed by construction debris blown by the wind from a bridge under construction onto a public roadway, as he was attempting to clear other debris from the roadway.
Note:	An injured construction worker's negligence claim against the contractor directing the construction project where he was injured failed as a matter of law since he could not establish that the contractor's retained control over the jobsite affirmatively contributed to his injuries.
Citation:	A129695
WCC Citation:	WCC 38972012 CA

Case Name:	Brasher v. Nationwide Studio Fund		09/05/2006
Summary:	WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. OAK 0296709 DEANNA BRASHER, Applicant, vs. NATIONWIDE STUDIO FUND; and STATE COMPENSATION INSURANCE FUND, Defendant(s). Defendant referred this request for surgery to utilization review and, on February 17, 2006, denied Dr. Park's request, based on the utilization review report. Additionally, on February 21, 2006, defendant filed a DWC Form 233 Objection To Treating Physician's Recommendation For Spinal Surgery with the Administrative Director. You then have 10 days from receipt of the second request of treating physician's report containing the recommendation for spinal surgery. Whether the Division of Workers' Compensation Medical Unit appropriately followed procedures set forth in Labor Code Sections 4062(b) and 4610.
Note:	Where statutory process has been followed for spinal surgery second opinion, and the delay is due solely to the DWC's failure to comply with its obligation under section 4062(b), there is no reasonable basis for terminating the second opinion process.
Citation:	71 Cal. Comp. Cases 1282
WCC Citation:	WCC 31792006 CA

Case Name:	Brassinga v. City of Mountain View		08/20/1998
Summary:	Acton and another Mountain View officer were the range masters who inspected the weapons of the Mountain View officers. Plaintiffs assert that the evidence established as a matter of law that (1) Brassinga was acting as a 'volunteer,' (2) even if Brassinga was a special employee of Mountain View, Mountain View would still be liable under Marsh and (3) Brassinga was not a special employee of Mountain View. Plaintiffs assert that this principle is applicable here to permit Brassinga to sue Acton's general employer, Mountain View, even if Brassinga was a special employee of Mountain View. Here, if Mountain View was Brassinga's special employer, the exclusive remedy provisions would necessarily bar a tort action by Brassinga against Mountain View. However, Mountain View did have the power to remove Brassinga from his role playing duties for Mountain View.
Note:	Good discussion of general employer vs. special employer, with cites.
Citation:	66 Cal.App.4th 195, 63 CCC 987
WCC Citation:	WCC 4181998 CA

Case Name:	Bray vs. WCAB		06/30/1994
Summary:	KENNETH BRAY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, ITT-BARTON et al. , Respondents. OPINION CROSKEY, J. Kenneth Bray (Bray), a discharged employee, sought workers' compensation benefits, alleging industrial injury to his nerves, psyche and internal system caused by termination from his employment. Bray sought help for his emotional distress from a clinical psychologist, Sivan Caukins, Ph. D. , in March 1989. 3, ante) in determining that Bray had sustained permanent psychiatric injury of 19. 5 percent. Internist Stanley Majcher, M. D. , reporting for the defense on March 14, 1991, declared that Bray had no industrially caused problems.
Note:	Psyche injury arising solely out of termination not compensable.
Citation:	26 Cal.App.4th 530, 59 CCC 475
WCC Citation:	WCC 28281994 CA

Case Name:	Brennfleck v. WCAB		01/20/1970
Summary:	ISABELLE E. BRENNFLECK, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD and CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, Respondents (Opinion by Bray, J. , with Pierce, P. J. , and Regan, J. , concurring. )Record Carl Brennfleck, who was employed as a truck driver by Consolidated Freightways Corporation of Delaware, was injured in the scope of his employment September 29, 1966, which injury proximately caused his death on November 11. On reconsideration the board reduced the award to $17,500 and stated that Isabelle Brennfleck was not a dependent of the decedent 'nor was she his widow. '(Brennfleck v. Workmen's Comp. The parties purchased real property together, filed joint income tax returns, and were known in the community as husband and wife.
Note:	4703 applies where deceased has putative spouse and still supporting first spouse.
Citation:	3 Cal.App.3d 666, 35 CCC 7
WCC Citation:	WCC 25921970 CA

Case Name:	Brightwell v. IAC		04/19/1965
Summary:	EUNICE LENORE BRIGHTWELL, Petitioner v. INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA, SPEE D MOODY'S LUNCH SERVICE, a copartnership, and INDUSTRIAL INDEMNITY COMPANY, a corporation, Respondents. Simultaneously, they entered into an agreement for sharing the costs in a pending third party action. The signature of applicant/employee, Eunice Brightwell, was attested to by witnesses who did not see or hear her sign. Brightwell sought to rescind the agreement on the grounds that there was failure of consideration, but this attempt was unsuccessful. On March 22, 1964, Brightwell underwent surgery.
Note:	Attesting witnesses need not be present when employee signs.
Citation:	30 CCC 127 (Writ Denied)
WCC Citation:	WCC 25891965 CA

Case Name:	Brodie v. WCAB		05/03/2007
Summary:	WCK 059913, WCK 068583, OAK 298772) STAN BRODIE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, Respondents. Over the previous 30 years of his career as a firefighter, Brodie had sustained several industrial injuries to the same body parts for which he was awarded compensation based on a 44. 5 percent permanent disability rating. In Brodie v. Workers' Comp. Name of Opinion Brodie v. Workers' Compensation Appeals Board Unpublished Opinion Original Appeal Original Proceeding Review Granted XXX 142 Cal. App. 4th 685 Rehearing Granted Opinion No. S146979 & S147030 Date Filed: May 3, 2007 Attorneys for Appellant: Gearheart & Otis and Mark E. Gearheart for Petitioner Stan Brodie. David J. Froba for California Applicants' Attorneys Association as Amicus Curiae on behalf of Petitioner Stan Brodie.
Note:	The Fuentes formula remains the correct one to apply in apportioning compensation between causes of disability.
Citation:	40 Cal. 4th 1313, 72 CCC 565
WCC Citation:	WCC 32212007 CA

Case Name:	Brodie v. WCAB		08/30/2006
Summary:	See Brodie v. WCAB, Welcher v. WCAB (S146979, S147030). The WCJ thus subtracted 44. 5 from 74 and awarded Brodie benefits totaling $20,867. 50 based on a 29. 5 percent permanent disability rating. Brodie injured his back, spine and right knee in 2000, and had an injury to his back and spine cumulative to September 2002. Moreover, it does not reflect a reduction for the relative value today of the $27,167. 50 that Brodie was awarded in 1987 and 1999. At oral argument, counsel for Brodie acknowledged the conceptual preferability of this approach.
Note:	Apportionment under SB 899 requires subtracting the current monetary value of prior awards from monetary value of current disability .
Citation:	142 Cal. App. 4th 685
WCC Citation:	WCC 31762006 CA

Case Name:	Brooks v. City of Los Angeles		12/20/2017
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT .             MARK BROOKS, Plaintiff and Appellant, .             v. .             CITY OF LOS ANGELES, Defendant and Respondent. .             B280579 .             (Los Angeles County Super. .             Michael N. Feuer, City Attorney, Blithe S. Bock, Assistant City Attorney, Matthew A. Scherb, Deputy City Attorney for Defendant and Respondent. .             Plaintiff Mark Brooks had been employed as a police officer by defendant City of Los Angeles for over 20 years when he was diagnosed with prostate cancer. .           WE CONCUR: .           RUBIN, Acting P. J.
Note:	A California appellate court ruled that a police officer who established that he had been permanently and totally disabled could not assert a viable claim of disability discrimination against his former employer for refusing to rehire him.
Citation:	B280579
WCC Citation:	Los Angeles County Super. Ct. No. BC582450

Case Name:	Brooks v. WCAB		04/18/2008
Summary:	Brooks earned an average of $1,102. 99 per week as a correctional officer at the time of her injury. While Brooks thereafter remained totally temporarily disabled, SCIF stopped providing TD payments after two years from the date of her injury. Brooks petitioned the WCAB for reconsideration, claiming IDL is not TD because "IDL payments are made under different rules, to a limited class of employees, at different rates, and for different periods. "Brooks draws support for the proposition that a salary continuation benefit does not constitute TD from City of Oakland v. Workers. Accordingly, we conclude the WCAB appropriately decided Brooks was entitled to no more than one year of TD following the one year of IDL that she received.
Note:	Under the current statutory scheme state employees are limited to a maximum of two years of combined temporary disability indemnity.
Citation:	F053350
WCC Citation:	WCC 33462008 CA

Case Name:	Brown v. Mission Filmworks, LLC		12/06/2012
Summary:	BROWN v. MISSION FILMWORKS, LLC VIRTIC E. BROWN, Plaintiff and Appellant, v. MISSION FILMWORKS, LLC, et al. , Defendants and Respondents. Michael Reino for Defendants and Respondents Mission Filmworks, LLC, and Jay Kamen. Plaintiff and appellant Virtic E. Brown appeals from a judgment, following a court trial, entered in favor of defendants and respondents Mission Filmworks, LLC, and Jay Kamen. In May 2009, Kamen formed Mission Filmworks, LLC, for the purpose of producing the Picture. Defendants and respondents Jay Kamen and Mission Filmworks, LLC, shall recover their costs on appeal.
Note:	Two friends who produced a short film together did not create an employee-employer relationship, and so the one who was ousted from the project could not assert a claim for unpaid wages.
Citation:	B239005
WCC Citation:	WCC 39572012 CA

Case Name:	Brown v. Mortensen		06/16/2011
Summary:	When Brown requested that Mortensen provide proof of the debt, Mortensen sent Brown a copy of Brown's dental chart, as well as the charts of Brown's minor children. Mortensen made these disclosures for purposes of verifying to the consumer reporting agencies that a debt was owed, despite the facts that (1) no one contended Brown owed money for dentistry performed on his children, and (2) Brown had never authorized Dr. Reinholds or Mortensen to disclose this information to any third parties, including the three consumer reporting agencies. From 2001 to 2003, Brown repeatedly but unsuccessfully demanded that Mortensen cease making unauthorized disclosures. Brown also contacted the three consumer reporting agencies and informed them the disclosures made by Mortensen were inaccurate and incomplete. Brown and his wife, individually and as guardians ad litem for their minor children, then sued Dr. Reinholds and Mortensen, alleging violations of the Confidentiality Act (Civ.
Note:	When a debt collector has illegally disclosed confidential patient medical information, that patient may sue under California's Confidentiality of Medical Information Act, without having to worry about federal preemption issues, the California Supreme Court concluded Thursday.
Citation:	S180862
WCC Citation:	WCC 37732011 CA

Case Name:	Brown v. Ralphs Grocery Company		07/12/2011
Summary:	TERRI BROWN, Plaintiff and Respondent, v. RALPHS GROCERY COMPANY et al. , Defendants and Appellants. INTRODUCTION Plaintiff and respondent Terri Brown (plaintiff) brought a class action and representative action under the Private Attorney General Act of 2004 (the PAGA) against her employers, defendants and appellants Ralphs Grocery Company and The Kroger Co. (defendants), for alleged violations of the Labor Code. (See Brown v. Wells Fargo Bank, N. A. (2008) 168 Cal. App. 4th 938, 955 [85 Cal. Rptr. 3d 817]. )I concur in the majority opinion's rejection of plaintiff Terri Brown's argument that the class action waiver in her employment contract with Ralphs Grocery Company and the Kroger Co. , Inc. , was unconscionable under Gentry v. Superior Court (2007) 42 Cal. 4th 443 (Gentry). Brown and Ralphs/Kroger agreed to the streamlined procedures of arbitration of all covered employment claims without resort to classwide or representative litigation.
Note:	Concepcion does not apply to representative class actions filed under the Private Attorney General Act, and that employees cannot waive their right to participate in such suits.
Citation:	B222689
WCC Citation:	WCC 38122011 CA

Case Name:	Brown-Ravis, Inc. v. Superior Ct. of State of CA		01/01/2001
Summary:	It was spared that burden when Kmeth himself, through counsel, filed an application for adjudication of claim on September 17, 1971. He did not ask for an immediate hearing, but placed an 'x' next to the question: 'set later on written request. 'They further differed on whether this threshhold question, common to both proceedings, should be decided by the Board or the superior court. In the superior court a trial on the jurisdictional question of employment had been set for October 2, 1972. 5405) and that his secretary was faster in filling out the Board's form application, than he was in dictating the superior court complaint.
Note:	WCAB jurisdiction attaches at time of service when claim is served to opposing party concurrent with filing.
Citation:	38 CCC 193 (unpublished)
WCC Citation:	WCC 27842001 CA

Case Name:	Browning-Ferris Industries v. WCAB		02/14/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX BROWNING-FERRIS INDUSTRIES, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and JOBE SALTER, Respondents. Over a period of 16 years, Jobe Salter sustained numerous industrial injuries to his shoulders, elbows, knees and back while working for petitioner, Browning-Ferris Industries (BFI). He presented two new claims for industrial injuries to his shoulders, elbows, knees and back, but did not seek to reopen the prior cases. The WCJ reasoned that Salter's back injuries occurred as the result of continuous trauma he suffered throughout his career with the company. Subtracting the monetary value of prior awards does not comport with Labor Code*fn1 section 4664 as construed by our Supreme Court in Brodie.
Note:	[Unpublished] The percentage of a previous award of PD must be subtracted from a newer award of PD.
Citation:	B193443
WCC Citation:	WCC 33162008 CA

Case Name:	Bryant v. IAC		05/15/1951
Summary:	JAMES G. BRYANT, as Director of Employment, et al. , Petitioners, v. INDUSTRIAL ACCIDENT COMMISSION, Respondent. If an individual is unemployed because of lack of work, benefits are provided under the Unemployment Insurance Act. The next session of the Legislature adopted article 10 of the Unemployment Insurance Act (3 Deering's Gen. Laws, Act 8780d; Stats. Pending such final determination the Department of Employment might, as it did here, pay the applicant unemployment disability benefits. That puts the employee back where he was prior to 1945 with the temporary deducted from the permanent disability compensation allowed him.
Note:	4661 not intended to affect construction of Unemployment Ins. Act
Citation:	37 Cal.2d 215, 16 CCC 121
WCC Citation:	WCC 25421951 CA

Case Name:	Bryer v. Santa Cruz Pasta Factory		09/15/1995
Summary:	JANET BRYER, Plaintiff and Appellant, v. SANTA CRUZ PASTA FACTORY, Defendant and Respondent. (Superior Court of Santa Cruz County, No. 124423, Robert B. Yonts, Judge. )Defendant submitted affidavits which established that defendant had purchased the pasta machine secondhand and had never 'received information of any kind' from the manufacturer of the pasta machine. Defendant's affidavits established that there were no communications between the manufacturer of the pasta machine and defendant. The only express communications defendant received regarding the pasta machine were the representations of the individual who sold the machine to defendant.
Note:	Dicussing level of necessary proof that manufacturer conveyed information to employer
Citation:	38 Cal.App.4th 1711, 60 CCC 944
WCC Citation:	WCC 24231995 CA

Case Name:	Buchmiller v. Hines Nurseries		07/11/2008
Summary:	According to the facts alleged in the complaint, Buchmiller began employment as a shop manager for Hines in December of 1999. In support of its motion, Hines relied upon the following facts, which Buchmiller admitted were undisputed: First, that in June of 2003, after Buchmiller had returned to work with restrictions following his surgery, Hines' workers' compensation insurer commissioned a formal analysis of the requirements of Buchmiller's shop manager position. Despite these infirmities in Hines' claim that Buchmiller affirmatively "resigned" his employment, we nonetheless conclude the undisputed evidence demonstrates Hines did not terminate the employment as alleged in Buchmiller's complaint. Technically, Buchmiller did not admit the facts alleged by Hines in connection with either the physician's report or the job analysis report in his response to Hines' separate statement. Buchmiller also asserts that "[n]othing in Hines' answer suggests there was no termination," and complains that Hines failed to specifically assert that contention as an affirmative defense.
Note:	[Unpublished] Buchmiller has not raised any triable issue of fact in support of the claimed discrimination. The undisputed facts demonstrate that in the period leading up to the alleged termination of his employment, Buchmiller's physician had concluded he could not perform the duties of his shop manager position, and that Hines had no other permanent alternative or modified work to offer him.
Citation:	G038463
WCC Citation:	WCC 33972008 CA

Case Name:	Buescher v. WCAB		09/06/1968
Summary:	ROSE E. BUESCHER, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, STATE DEPARTMENT OF CONSERVATION et al. , Respondents. Petitioner is the surviving widow of Henry J. Buescher, who died June 15, 1965, as a result of a heart attack. 2 Dr. Eliot Sorsky and petitioner testified for the petitioner, and Dr. William L. Adams, Jr. , testified for defendants. The pertinent finding was that Henry J. Buescher '. . . sustained injury arising out of and occurring in the course of his employment proximately resulting in his death on June 15, 1965. 'But the body of the petition did not state with specificity that the petition was brought on behalf of the Retirement System.
Note:	Board had jurisdiction and duty to grant reconsideration if it disagreed with findings of referee.
Citation:	265 Cal.App.2d 520, 33 CCC 537
WCC Citation:	WCC 26511968 CA

Case Name:	Burbank Studios v. WCAB		08/11/1982
Summary:	Facts The facts pertinent to this appeal are as follows: On or about June 21, 1979, August Yount (Yount or applicant) filed an application for adjudication of claim, alleging an injury on May 11, 1979, to his right arm while employed by Burbank Studios (Burbank Studios or Employer), permissibly self-insured for workers' compensation benefits. Burbank Studios denied any injury arising out of or occurring in the course of Yount's employment. In a letter dated April 1, 1981, Burbank Studios responded in relevant part as follows: 'Petitioner The Burbank Studios herein acknowledges receipt of this Board's Order Granting Reconsideration served on March 25, 1981. In its petition for reconsideration, Burbank Studios contended that the WCJ had exceeded her jurisdiction in striking the language from the addendum. We are not suggesting that some form of conditional action could not be taken by the WCAB provided Burbank Studios had the right to accept or reject the proposal and rejection would return the parties to their previous status quo.
Note:	Board may not rewrite a C&R, limited to approval/disapproval.
Citation:	134 Cal.App.3d 929, 47 CCC 832
WCC Citation:	WCC 27461982 CA

Case Name:	Burch v. WCAB (UPS)		04/16/1998
Summary:	Steven Burch, Petitioner v. Workers' Compensation Appeals Board, United Parcel Service, Liberty Mutual Insurance Company, Respondents. The WCAB granted reconsideration and examined the issue of whether the Rehab. WCAB concluded that employers are required to comply with the Code and all relevant regulations in terminating liability for rehab. WCAB noted that UPS had been denied the opportunity to present other evidence that could establish that it had, indeed, offered modified or alternative work. Applicant then filed a Petition for Writ of Review after the WCAB issued its decision.
Note:	Despite inability to produce RU-94 form proving applicant had been offered modified work, employer can produce other evidence of such offer.
Citation:	63 CCC 606
WCC Citation:	WCC 27921998 CA

Case Name:	Burnham v. WCAB		05/09/2008
Summary:	Ultimately the WCAB determined the new disability schedule applied and found Burnham had no permanent disability. Burnham appeals, contending the WCAB lacked authority to grant the City's second petition for reconsideration and erred in interpreting the statute implementing the new disability schedule. The WCJ found the new disability schedule should apply and that Burnham failed to establish any exceptions under section 4660, subdivision (d). Burnham sought reconsideration with the WCAB on August 14, 2006. Therefore, according to Burnham, the WCAB's third order was functus officio [of no further force or authority] since the jurisdiction of the WCAB was exhausted.
Note:	[Unpublished] Good cause sufficient to invoke section 5803 may consist of newly discovered evidence that was previously unavailable, a change in the law, or any factor or circumstance unknown at the time the original award or order was made that renders the previous findings and award inequitable.
Citation:	C055988
WCC Citation:	WCC 33542008 CA