Case Name:	Burns v. WCAB		03/25/1987
Summary:	JAMES BURNS, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and COUNTY OF LOS ANGELES, Respondents. On March 10, 1984, applicant was granted a disability retirement under the CERL as a result of the industrial injury. He receives approximately $1,600 per month from the CERL disability pension and a similar amount from the PERS service pension. In his opinion on decision, he explained that he based his decision on Labor Code section 4853 and Gorman v. Workers' Comp. Applicant contends that County may not disallow VRTD because the injured worker is receiving a PERS service pension.
Note:	Sheriff not limited to VRTD while simultaneously receiving pension from prior employer.
Citation:	190 CAL.APP.3D 759, 52 CCC 111
WCC Citation:	WCC 26881987 CA

Case Name:	Bussard vs. Minimed		01/23/2003
Summary:	BARBARA BUSSARD, Plaintiff and Appellant, v. MINIMED, INC. , Defendant and Respondent. Page 2} OPINION RUBIN, J. - Appellant Barbara Bussard appeals from summary judgment for respondent Minimed, Inc. After review, we hold the "going-and-coming" exception to the doctrine of respondeat superior does not apply to an employee while she is driving home after becoming sick at work from exposure to pesticide fumes. PROCEDURAL AND FACTUAL BACKGROUND On March 22, 2000, respondent Minimed hired a pest control company to spray pesticide overnight to eliminate fleas at respondent's facility. Around 7:00 a. m. the next day, Minimed clerical employee Irma Hernandez arrived for work. While in route, she rear ended appellant Barbara Bussard, who was stopped at a red light.
Note:	Employer liable to third party from accident by employee sent home due to illness incurred at work.
Citation:	105 Cal.App.4th 798, 129 Cal.Rptr.2d 675
WCC Citation:	WCC 29142003 CA

Case Name:	Butler v. Direct TV		10/08/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO ROBERT BUTLER, Plaintiff and Appellant, v. DIRECT TV, Defendant and Respondent. Appellant Robert Butler (Butler) sued respondent DIRECTV, Inc. (DIRECTV) for disability discrimination. On June 14, 2005, Butler informed Veazie that his doctor was going to release him to work part-time. DIRECTV was not required to provide Butler with a part-time position, and Butler could not work full-time. After Butler spoke to Veazie, Veazie asked Rodriguez if Butler could be accommodated.
Note:	[Unpublished] DIRECTV was not required to provide Butler with a part-time position, and Butler could not work full-time. As a result, a reasonable accommodation was not available and DIRECTV cannot be held liable for failing to engage in an interactive process.
Citation:	B201173
WCC Citation:	WCC 34342008 CA

Case Name:	C.C. Myers v. WCAB (Lockwood)		01/27/2012
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT C. C. MYERS, INC. , Petitioner, v. WORKERS COMPENSATION APPEALS BOARD and BRUCE LOCKWOOD, Respondents. In this matter, respondent Bruce Lockwood (Claimant) was injured while working for petitioner C. C. Myers, Inc. (Employer) when a co-worker drove an excavator over Claimants foot. He also received an award of permanent disability benefits in the amount of $170 per week, for a total of $58,862. 50. However, the Board rejected the WCJs rationale and concluded instead that the misconduct was the failure to provide a spotter alone. (Labor Code, § 5904; Cedillo v. W. C. A. B. (1971) 5 Cal. 3d 450, 456; U. S. Auto Stores v. W. C. A. B. (1971) 4 Cal. 3d 469, 476-477. )
Note:
Citation:	C067528
WCC Citation:	WCC 38502012 CA

Case Name:	C.J.L. Construction, Inc. v. Universal Plumbing		08/27/1993
Summary:	C. J. L. CONSTRUCTION, INC. , Cross-complainant and Appellant, v. UNIVERSAL PLUMBING, Cross-defendant and Respondent. Pleadings Philip Navarette (plaintiff) filed an action against Universal Plumbing (UP), C. J. L. Construction, Inc. (CJL), and Louisville Ladder. On August 11, 1992, UP brought a motion for judgment on the pleadings as to CJL's first amended cross-complaint. The properly pleaded material allegations in the declaratory relief cause of action in the amended cross-complaint must be accepted as true. [2] In appeals from a demurrer dismissal of a declaratory relief action, appellate courts normally apply the abuse of discretion standard.
Note:	Third-party defendant may not compel employer's participation as a cross-defendant in certain instances.
Citation:	18 Cal.App.4th 376, 58 CCC 543
WCC Citation:	WCC 24011993 CA

Case Name:	CA Attorneys v. Schwarzenegger		03/19/2010
Summary:	(CASE I) That petition alleges that "CASE is the exclusive collective bargaining representative of legal professionals in State Bargaining Unit 2 . Approximately 3240 members are attorneys, administrative law judges, and hearing officers who are exempt from the Fair Labor Standards Act (FLSA). The independently elected constitutional officers and other elected state-wide officials referenced above were not parties to these matters. On the merits, the court agreed with CASE that section 11873 prohibits the Governor from furloughing SCIF employees. COUNSEL Law Offices of Brooks Ellison and Patrick J. Whalen for Plaintiff and Respondent California Attorneys, Administrative Law Judges and Hearing Officers in State Employment.
Note:	The trial court's conclusion that section 11873, subdivision (c) limits the Governor's authority to impose furloughs on SCIF employees is consistent with the language of the statute, the larger statutory scheme, and the legislative history of the SCIF authorizing legislation.
Citation:	A125292
WCC Citation:	WCC 36102010 CA

Case Name:	CA Comp. & Fire Co. v. IAC (Leventon)		06/12/1961
Summary:	Record Leventon, a timber-faller, sustained an industrial injury on July 29, 1957, which resulted in immediate total paraplegia. Leventon was paid $40 per week for temporary disability by petitioners through October 5, 1959, and $35 per week thereafter until March 22, 1960. On January 27, 1960, hearings were had upon the date at which temporary disability ceased and permanent disability began. The petitioners immediately began to withhold payments to Leventon in order to accumulate $1,000 for payment of the attorney's lien. On May 11, 1960, Leventon's attorney petitioned for partial commutation and for determination of attorney's fees under Labor Code, section 4904. 1.
Note:	Liens must be paid without disturbing scheduled disability payments.
Citation:	193 Cal.App.2d 6, 26 CCC 105
WCC Citation:	WCC 25581961 CA

Case Name:	CA Comp. Ins. Co. v. IAC		07/26/1948
Summary:	'Petitioner is the insurance carrier for the Canterbury Hotel, that company having been found to have been the employer of decedent. There is no doubt that if the employer-employee relationship existed, the accident was industrial, and that it caused the death of Laurio. The trial referee recommended a finding that decedent was an independent contractor, but the panel of the commission found that the employer-employee relationship existed. [1] 'The evidence on the issue in question is not entirely satisfactory, and the question presented is a very close one. He was told that the nursery could not handle the work but would be glad to recommend a competent man.
Note:	Weak evidence of AWW does not make AWW
Citation:	86 Cal.App.2d 861, 13 CCC 181
WCC Citation:	WCC 23941948 CA

Case Name:	CA Comp. Ins. Co. v. IAC (Moore)		11/17/1954
Summary:	OPINION FOX, J. Petitioner seeks a review and annulment of an award by respondent commission of maximum temporary partial disability benefits. This activity took the form of contacts with several prospective employers and scanning of newspaper ads for offers of work. On March 17, 1954, respondent commission issued a Findings and Award, the pertinent part of which reads as follows: '3. [2] The theory underlying such legislation is, succinctly stated, that industry should bear, in large measure, the burden of industrial accidents. (Johnson v. Cluett Peabody Co. , 2 I. A. C. 10, 13; Jordan v. Decorative Co. 230 N. Y. 522 [130 N. E. 634, 635]; 1 Campbell, Workmen's Compensation, ?
Note:	Unemployment benefits subtracted from wage loss.
Citation:	128 Cal.App.2d 797, 19 CCC 287
WCC Citation:	WCC 25001954 CA

Case Name:	CA Comp. Ins. Co. v. WCAB (Raines)		08/01/1997
Summary:	Applicant suffered industrial injuries on January 27, 1995, and was admitted to the San Bernadino County Hospital and treated until his release four months after the accident. Prior to his release from the hospital an employee of defendant California Compensation Insurance Co. contacted the hospital's collections office to negotiate a pending bill. Under this deal, Defendant paid $654,556. 22 within the agreed time limit a timely fashion, representing 80% of the initial total bill. This principle will help to ensure there has been a true meeting of the minds,' and will avoid unnecessary confusion and litigation. You are counseled to consult the full case for an accurate citation.
Note:	Any agreement to be enforced in workers' compensation proceedings should be reduced to writing.
Citation:	62 CCC 1264
WCC Citation:	WCC 25881997 CA

Case Name:	CA Highway Patrol v. WCAB (Clark)		03/14/1986
Summary:	CALIFORNIA HIGHWAY PATROL, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and JERALD CLARK, Respondents. We will hold that the two terms do not have the same meaning and will annul the order. Jerald Clark commenced his employment as a California Highway Patrol Officer on December 5, 1966, and retired from service on August 6, 1981. Upon petition for reconsideration by the employer, California Highway Patrol, the Board denied the petition. 3212 (police and firemen), 3212. 2 (custodial officers), 3212. 3 (state police), 3212. 4 (campus firemen), 3212. 5 (highway patrol), 3212. 6 (law enforcement investigators), 3212. 7 (other peace officers), 3213 (campus policemen). )
Note:	When judge whose ruling is subject of Petition is unavailable, Board can decide independently.
Citation:	178 Cal.App.3d 1016, 51 CCC 123
WCC Citation:	WCC 27351986 CA

Case Name:	CA State Auto. Assoc. v. WCAB (Martin)		10/16/1998
Summary:	The first was that Applicant was not a Qualified Injured Worker and the second was that Applicant was entitled to retroactive VRMA. The WCJ reversed the RU Determination in part in its FA&O when it deemed that Applicant was, in fact, a QIW and was entitled to VRMA. Defendants petitioned for reconsideration, claiming that Applicant chose to retire and declined Defendants' offer of modified work and, therefore, the awards were not warranted. The WCAB granted reconsideration and issued a decision that adopted the WCJ's report and findings. WRIT DENIED, Defendants' request for a stay of proceedings DENIED, and Applicant's request for Labor Code Sec.
Note:	Applicant's retirement not a waiver of right to voc. rehab. if related to employer's failure to give notice of rights to rehab.
Citation:	63 CCC 1413
WCC Citation:	WCC 28001998 CA

Case Name:	Ca.-Western States Life Ins. Co. v. IAC (Baird)		03/07/1963
Summary:	CALIFORNIA-WESTERN STATES LIFE INSURANCE COMPANY Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, VIOLA B. BAIRD et al. , Respondents. Everett A. Corten, Emily B. Johnson, Rupert A. Pedrin, Weingand, Tipton, Kendig & Stockwell, Jaffe, Mallery & Thompson and Herlihy & Herlihy for Respondents. Immediately thereafter during 'a heated discussion' with Mr. Benton, Mrs. Baird collapsed and was taken to a hospital for treatment. Cases 100. petitioner neither became a party to this agreement nor did it participate in any of the negotiations that culminated in the compromise. By this formula petitioner's lien claim was reduced to 1/29th of the $5,500 lump sum payment or $200.
Note:	The original Baird Formula to determine amount of reimbursement to EDD where there is an issue which may defeat entire claim.
Citation:	59 Cal. 2d 257; 28 Cal. Rptr. 872; 28 CCC 77
WCC Citation:	WCC 3661963 CA

Case Name:	Cabral v. Ralphs Grocery Company		11/10/2009
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO No. E044098 November 10, 2009 MARIA CABRAL, PLAINTIFF AND RESPONDENT, v. RALPHS GROCERY COMPANY, DEFENDANT AND APPELLANT. Ralphs sought clarification and the following exchange occurred: "[COUNSEL FOR RALPHS]: Your Honor, may I just inquire?In the motion for judgment notwithstanding the verdict, Ralphs argued that Horn owed no duty to Decedent and that the intervening superseding negligence of Decedent exonerated Ralphs from all liability. Opinion Footnotes *fn1 Although Ralphs Grocery Company and Hen Horn were parties at the trial level, Ralphs is the only named defendant on appeal. *fn2 Although Maria Cabral and her children were parties at the trial level, Maria Cabral is the only named plaintiff on appeal.
Note:	The California Supreme Court declined to adopt an exemption from the general duty of ordinary care for Ralphs, after a negligent driver crashed into one of its trucks that was parked alongside the highway.
Citation:	E044098
WCC Citation:	WCC 37212009 CA

Case Name:	Caesar's Restaurant v. IAC		12/07/1959
Summary:	CAESAR'S RESTAURANT (a Corporation) et al. , Petitioners, v. INDUSTRIAL ACCIDENT COMMISSION and EARL JOHNSON, Respondents. While employed as a cook by Caesar's Restaurant, on August 29, 1958, applicant struck his right elbow against a stack of dishes, causing a bursitis of the elbow tendon. He received medical treatment for the injury but worked until the restaurant was destroyed by fire, November 30th. On that date, Johnson filed an application for adjustment of claim, asking for temporary disability, permanent disability, medical treatment and litigation expenses. The parties then agreed to an examination by a doctor on the commission's medical staff, to take place following the hearing.
Note:	A waiver of a right requires clear intent to relinquish such right.
Citation:	175 Cal.App.2d 850, 24 CCC 297
WCC Citation:	WCC 25751959 CA

Case Name:	Caimol-Cruz v. Retirement Bd. of San Francisco		03/22/2012
Summary:	OF SAN FRANCISCO CORAZON CAIMOL-CRUZ, Plaintiff and Appellant, v. RETIREMENT BOARD OF THE CITY AND COUNTY OF SAN FRANCISCO, Defendant and Respondent. NOT TO BE PUBLISHED IN OFFICIAL REPORTS MARGULIES, J. Corazon Caimol-Cruz appeals from the denial of her petition for writ of mandate overturning a decision of the Retirement Board of the City and County of San Francisco (the Board) denying her application for a disability retirement. Facts*fn1 Cruz was hired by the City and County of San Francisco as a legal secretary in July 1981 and was assigned to the district attorney's (DA's) office. On the same date, she also filed an application for voluntary service retirement with the stipulation her service retirement would be converted to disability retirement if her disability retirement application was granted. for each year of credited service, if such retirement allowance exceeds 40 percent of his or her average final compensation .
Note:	A legal secretary with a long history of gastrointestinal problems  and of violating office protocols for calling in sick  was not entitled to disability retirement since she had worked for years, despite her medical need for frequent bathroom breaks, and her employer was willing and able to accommodate her.
Citation:	A130992
WCC Citation:	WCC 38772012 CA

Case Name:	Cal-Western States Life Ins. Co. v. IAC		02/02/1962
Summary:	The newly hired controller moved Mrs. Baird out of her private office and into the general office area. Immediately thereafter, during a heated discussion with Mr. Benton, Mrs. Baird collapsed and was removed to a hospital for treatment. Copies of the notice and request for allowance of the lien were filed with the commission and were duly served upon all parties. This argument was rejected in Aetna Life Insurance Co. v. Industrial Accident Commission, 38 Cal. The 1957 amendment specify the exact matters which must be the subject of the findings in regard to a lien claim.
Note:	Board cannot reduce non-party claimant lien w/o specific finding as to applicant's entitlement to benefits.
Citation:	27 CCC 49
WCC Citation:	WCC 25931962 CA

Case Name:	Cal. Dept. of Corrections v WCAB (Decourcey, Jr.)		08/28/2012
Summary:	DEPT. OF CORRECTIONS v. WCAB CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and ROBERT DECOURCEY, JR. , Respondents. The employee's conduct is "special" if it is "extraordinary in relation to routine duties, not outside the scope of employment. "(1964) 61 Cal. 2d 289, 295; Los Angeles Jewish Community Council v. Industrial Acc. (1982) 138 Cal. App. 3d 584, 590 (C. L. Pharris); City of San Diego v. Workers' Comp. The `special mission' exception has been explained by the courts first in Dimming v. WCAB (1972) 37 CCC 211 and then in C L Pharris Sand & Gravel, Inc. v. WCAB (Lindsey) (1982) 47 CCC 1420.
Note:	A corrections officer was not entitled to benefits for injuries he sustained in a car accident while driving to a remote area of the San Bernardino Mountains in order to cover a co-worker's shift on guard duty.
Citation:	E054153
WCC Citation:	WCC 39272012 CA

Case Name:	Cal. State Auto. Ass'n Inter-Insurance Bureau v. WCAB (Hestehauge)		03/22/2006
Summary:	Filed 3/22/06 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and PAUL HESTEHAUGE, Respondents. The Charkinses' insurer, California State Automobile Association Inter-Insurance Bureau (CSAA), filed a petition for writ of review in this court challenging the Appeals Board's determination. On Hestehauge's first day painting at the Charkinses' home, he fell from a ladder placed on top of a scaffold. The Appeals Board granted a petition for reconsideration filed by CSAA, but then took nearly two years to issue a decision. (In-Home, at p. 727; see also State Farm Fire & Casualty Co. v. Workers' Comp.
Note:	Unlicensed house painter not employee of house owners where he did not work 52 hours or earn more than $100 pre-injury.
Citation:	137 Cal. App. 4th 1040
WCC Citation:	WCC 31492006 CA

Case Name:	Caldo v. Metalclad Insulation		06/11/2007
Summary:	Ct. No. CGG-02-412325) Two days after a jury verdict in his favor in his asbestos-related personal injury action against defendants Metalclad Insulation Company (Metalclad) and John Crane Inc. (Crane), Anthony Cadlo (Cadlo) died. These outside vendors, also referred to as contractor-suppliers, were Metalclad, Thorpe Insulation (Thorpe), Fenco, and Armstrong Contracting and Supply (ACandS). Ay did not know how much insulation supplied to the LBNS in 1960, 1965, and 1967 came from Metalclad. Ay said that, in the 1960's, Metalclad supplied asbestos insulation to and performed insulation contract work on ships at the LBNS, but Thorpe, Fenco, and ACandS did not. Trueblood's Testimony Metalclad employee Donald Trueblood testified that between 1933 and 1973 Metalclad was involved in the installation and sale of asbestos-containing insulation materials.
Note:	The court in the published portion of its opinion In the published portion of this opinion rejected the defendants' attack on future and noneconomic damages.
Citation:	151 Cal. App. 4th 1311
WCC Citation:	WCC 32292007 CA

Case Name:	California Association of Medical Products Suppliers v. Maxwell-Jolly		09/16/2011
Summary:	CALIFORNIA ASSOCIATION OF MEDICAL PRODUCTS SUPPLIERS v. MAXWELL-JOLLY CALIFORNIA ASSOCIATION OF MEDICAL PRODUCTS SUPPLIERS, Plaintiff and Appellant, v. DAVID MAXWELL-JOLLY, as Director, etc. , et al. CERTIFIED FOR PUBLICATION LAMBDEN, J. Appellant California Association of Medical Products Suppliers (CAMPS) appeals from the trial court's denial of its petition for a writ of mandate and complaint for declaratory and injunctive relief. The regulations set upper billing limits for providers of durable medical equipment and certain medical supplies to Medi-Cal recipients. BACKGROUND Before the UBL The UBL as finally adopted in 2004 targeted dispensed medical supplies, incontinence medical supplies, and durable medical equipment. The same assumption applies to Medi-Cal payment of the weighted average of the negotiated contract price plus a 38% markup for incontinence medical supplies.
Note:	The California Department of Health Care Services did not act outside its authority when it adopted upper billing limit regulations in 2004 to close a significant Medi-Cal loophole, the 1st District Court of Appeal concluded.
Citation:	A126749
WCC Citation:	WCC 38022011 CA

Case Name:	California ex rel. Alzayat v. Hebb Part 1/2		12/31/1969
Summary:	MAHMOUD ALZAYAT, Plaintiff and Appellant, .             v. .             GERALD HEBB et al. , Defendants and Appellants. Alzayat v. Hebb et al. , supra, E060593. )]  ‘”Moreover, the allegations must be liberally construed with a view to attaining substantial justice among the parties. ”  [Citation. .           Relying on State of California ex rel. Metz v. Farmers Group, Inc. (2007) 156 Cal. App. 4th 1063 (Metz) and State of California ex rel.
Note:	An opinion out of the 4th District Court of Appeals shows a method attorneys can use to go after employers who lie on workers’ compensation forms: through a civil suit under California’s Insurance Frauds Prevention Act, said the applicants’ attorney who filed the case.
Citation:	E066471
WCC Citation:	Super. Ct. No. 1204627

Case Name:	California ex rel. Alzayat v. Hebb Part 2/2		12/31/1969
Summary:	the sole and exclusive remedy of the employee or his or her dependents against the employer” (Lab. )  On appeal from a judgment finding them liable, the defendants argued the relator’s claims were barred by the workers’ compensation exclusivity rule.   (Thompson, at pp. The parties agree that Alzayat eventually received workers’ compensation benefits for his back injury. Alzayat v. Hebb et al. (Dec. 17, 2015, E060593) [nonpub. As noted, ante, in footnote 2, Alzayat concedes he was already fully compensated for his back injury.
Note:	An opinion out of the 4th District Court of Appeals shows a method attorneys can use to go after employers who lie on workers’ compensation forms: through a civil suit under California’s Insurance Frauds Prevention Act, said the applicants’ attorney who filed the case.
Citation:	E066471
WCC Citation:	Super. Ct. No. 1204627

Case Name:	California Horse Racing Board v. WCAB and Snezek		07/31/2007
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- CALIFORNIA HORSE RACING BOARD et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and MARTIN SNEZEK, Respondents. C053595 (WCAB No. SAC335207) The California Horse Racing Board (CHRB) and the State Compensation Insurance Fund (the Fund) (collectively petitioners) have petitioned for a writ of review from an order of the Workers' Compensation Appeals Board (WCAB) upholding a decision by which real party in interest Martin Snezek was awarded work-related disability benefits for a heart attack. He also opined that Snezek had a 29 percent overall impairment of his heart and would need life-long treatment. The Fund and the CHRB filed a petition for reconsideration, contending that Snezek was not covered by the statutory heart trouble presumption. Filed 7/31/07 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- CALIFORNIA HORSE RACING BOARD et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and MARTIN SNEZEK, Respondents.
Note:	Qualifying as a peace officer is not enough. To be entitled to the heart trouble presumption, the member must also fit the job description and be employed by one of the law enforcement agencies specified in the earlier portions of section 3212.5, Labor Code.
Citation:	153 Cal. App. 4th 1169
WCC Citation:	WCC 32412007 CA

Case Name:	California Ins. Guarantee Assn. v. WCAB		10/31/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD et al. , Respondents. The California Insurance Guarantee Association (CIGA)*fn1 petitions for writ of review of the decision of the Workers' Compensation Appeals Board (WCAB). The parties stipulated that "Contractors Labor Pool is the general employer and Carri Construction is one of the special employers. The WCAB agreed with the WCJ's decision that there was no evidentiary basis to find that the SCIF policy was "other insurance" under section 1063. 1(c)(9) and denied CIGA reconsideration. DISCUSSION Standard of Review A decision by the WCAB that is based on factual findings which are supported by substantial evidence should be affirmed by the reviewing court.
Note:	[Unpublished] The existence and relevant terms of the SCIF policy were shown by secondary evidence.
Citation:	B205025
WCC Citation:	WCC 34552008 CA

Case Name:	California Insurance Guarantee Association v. Burwell		01/05/2017
Summary:	United States District Court Central District of California .             CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Plaintiff, .             v. .             SYLVIA MATHEWS BURWELL, Secretary of Health and Human Services; .             UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES; and .             CENTER FOR MEDICARE & MEDICAID SERVICES, Defendants. These individuals were also insured under several workers’ compensation policies administered by the California Insurance Guarantee Association (“CIGA”). Factual Background  .           CIGA is a statutorily-created association of insurers admitted to transact certain classes of insurance business in California. § 1063. 1(c)(4), and (2) any claims that are not “within the coverage of an insurance policy of the insolvent insurer,” id. See generally Medicare Program; Right of Appeal for Medicare Secondary Payer Determinations Relating to Liability Insurance (Including SelfInsurance), No-Fault Insurance, and Workers’ Compensation Laws and Plans, 80 Fed.
Note:
Citation:	2:15-cv-01113-ODW (FFMx)
WCC Citation:	2:15-cv-01113-ODW (FFMx)

Case Name:	California Insurance Guarantee Association v. WCAB (Oracle)		02/06/2012
Summary:	CALIFORNIA INSURANCE GUARANTEE ASSOCIATION v. WORKERS' COMPENSATION APPEALS BOARD CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and NEXT ENTERPRISES, Respondents; ORACLE IMAGING et al. , Real Parties in Interest. ASHMANN-GERST, J. Petitioner California Insurance Guarantee Association (CIGA) seeks review of a ruling by the Workers' Compensation Appeals Board (WCAB) that recognized claims asserted by real parties in interest Oracle Imaging, N-Care and Nations Surgery Center (collectively medical providers) as "covered" claims under Insurance Code section 1063. 1. *fn1 The claims were asserted by real party in interest Pinnacle Lien Services (Pinnacle) on behalf of the medical providers. BACKGROUND Anastasia Jenkins filed a workers' compensation claim against her employer, whose workers' compensation insurance carriers became insolvent during the pendency of the proceedings. It was not disputed that any insurance payments were to be made by checks payable directly to the medical provider, under its tax identification number. And because the law contemplates that a medical provider's lien will be satisfied out of insurance proceeds, we conclude that a medical lien arises "under the insurance policy. "
Note:	Pinnacle Lien Services could pursue lien claims against the California Insurance Guarantee Association.
Citation:	B231491
WCC Citation:	WCC 38622012 CA

Case Name:	California Nurse Life Care Planning v. WCAB		11/13/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT No. F055530 November 13, 2008 CALIFORNIA NURSE LIFE CARE PLANNING, INC. , PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD, DYNASTY FRAMING, INC. This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115. OPINION THE COURT*fn1 California Nurse Life Care Planning, Inc. (CNLCP) petitions for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB). On April 23, 2005, CNLCP filed a Notice and Request for Allowance of Lien with the WCAB in the amount of $22,357. 44 for the expense associated with preparing the Life Care Plan. The WCJ concluded the Life Care Plan was neither a medical-legal expense under section 4621, subdivision (a)*fn3 nor a valid cost under section 5811. DISCUSSION CNLCP contends the WCAB erred in refusing to award reimbursement for the Life Care Plan because it was both a reasonably required medical-legal expense and a reimbursable cost under the WCAB's discretionary powers.
Note:	A lien claimant is not entitled to a reimbursement for a $24,424 life care plan because it was unrelated to the relevant workers' compensation claim.
Citation:	F055530
WCC Citation:	WCC 34612008 CA

Case Name:	California School Employees Association v. Tustin Unified School District		03/12/2007
Summary:	Ct. No. 05CC10946) OPINION CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION, TUSTIN CHAPTER NO. 450, Plaintiff and Appellant, v. TUSTIN UNIFIED SCHOOL DISTRICT et al. , Defendants and Respondents. Joan Featherstone is a classified employee of the Tustin Unified School District (School District). The California School Employees Association and its Tustin Chapter No. 450 (together, the CSEA) challenged that practice on the ground those employees were not substitute employees because they were already employed by the school district and, hence, were not employed to replace Featherstone while she was temporarily absent. If, as the School District contends, a school district may use any existing classified employee as a substitute under section 45196 and deduct that employee's pay from the absent employee's salary, then a school district would receive the benefits of both options without the burdens of either. However, section 45196 does prohibit the School District from deducting from the absent employee's salary the amount paid to the employees performing the absent employee's tasksunless the School District hired those employees "to fill [the absent employee's] position during his [or her] absence. "
Note:	Section 45196 does not permit a school district to deduct the salaries of teachers already employed by the district from the salary of a teacher who is on disability leave.
Citation:	148 Cal. App. 4th 510
WCC Citation:	WCC 32102007 CA

Case Name:	California School Employees Association, et al., v. Colton Joint Unified School District, et al.		01/26/2009
Summary:	California School Employees Association v. Colton Joint Unified School District, No. E044388 (Cal. App. Dist. 4 01/26/2009) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO No. E044388 January 26, 2009 CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION ET AL. , PLAINTIFFS AND RESPONDENTS, v. COLTON JOINT UNIFIED SCHOOL DISTRICT ET AL. , DEFENDANTS AND APPELLANTS. The California School Employees Association (CSEA) and Haynes, petitioners and respondents on appeal (petitioners), contend that the Colton Joint Unified School District and the school board (collectively Colton) improperly deducted both vacation leave and differential leave under section 45196 concurrently. We agree with petitioners and the superior court that Colton could not deduct vacation leave and differential leave concurrently. The CSEA contends Colton, while collecting Haynes's workers' compensation benefits, miscalculated her vacation leave and differential leave. (California School Employees Assn. , Tustin Chapter No. 450 v. Tustin Unified School Dist.
Note:	The Colton Joint Unified School District improperly deducted vacation and differential leave concurrently while a bus driver received workers' compensation benefits.
Citation:	E044388
WCC Citation:	WCC 34842009 CA

Case Name:	California Self-Insurers\' Security Fund v. The Superior Court of Orange County (Activcare Living)		01/26/2018
Summary:	CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE .   FILED: 01/26/2018 .   CALIFORNIA SELF-INSURERS' SECURITY FUND et al. , Petitioners,   .   v. .   THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; ACTIVCARE LIVING et al. , Real Parties in Interest .   G054981 .   (Super. Ct. No. 30-2013-00690574) .   OPINION .         Original proceedings; petition for a writ of mandate to challenge an order of the Superior Court of Orange County, William D. Claster,  Judge.   Petition granted.   *                    *                    *   .       Petitioners California Self-Insurers’ Security Fund (the Fund) and Nixon Peabody LLP (Nixon Peabody or the firm) seek a writ of mandate directing the trial court to vacate its order disqualifying Nixon Peabody from representing the Fund in the instant case. (City of Santa Barbara v. Superior Court (2004) 122 Cal. App. 4th 17, 23-24;3 Frazier v. Superior Court (2002) 97 Cal. App. 4th 23, 30. .                                                                                 MOORE, J.
Note:	A California appellate court ruled that a law firm was not automatically disqualified from representing the state Self-Insurers’ Security Fund in an action for reimbursement.
Citation:	G054981
WCC Citation:

Case Name:	California v. Industrial Accident Commission and Gust Erickson		04/19/1957
Summary:	2d 355 April 19, 1957 STATE OF CALIFORNIA, SUBSEQUENT INJURIES FUND, PETITIONER, v. INDUSTRIAL ACCIDENT COMMISSION AND GUST ERICKSON ET AL. , RESPONDENTS PROCEEDING by the Subsequent Injuries Fund to review an award of the Industrial Accident Commission apportioning liability against several named employers and the Subsequent Injuries Fund. We have concluded that respondent Industrial Accident Commission erroneously applied the section retrospectively, and that the award should be annulled. In the subsequent proceedings the commission found, in accordance with statutory law, that "said date accordingly constitutes the date of injury herein. "The employe initiated proceedings before the Industrial Accident Commission to obtain an award solely against Central Eureka Mining Company, one of his employers during the period when he was contracting silicosis. *fn5 The issue of constitutionality is discussed in the companion case of Subsequent Injuries Fund v. Industrial Acc.
Note:	The question here is not what the Legislature might have done with respect to providing for retrospective application of the portions of section 5500.5, which are here involved, but what it did do. It used no language showing that it intended retrospective effect and, therefore, under the rules carefully stated and followed in the Aetna case, no such effect will be given under the guise of construction.
Citation:	48 Cal. 2d 355
WCC Citation:	WCC 33591957 CA

Case Name:	CALSTAR v. SCIF		05/13/2011
Summary:	The medical treatment costs subject to the workers' compensation system include medical treatment travel expenses, as expenses incidental to medical treatment. Judicial review of WCAB decisions or other judicial relief is available only from the appellate court or California Supreme Court. In addition to this court's lack of any subject matter jurisdiction over this dispute, most of the causes of action alleged by CALSTAR here seek remedies not available under California law. CALSTAR therefore has no claim for compensation for its services other than the compensation available through the workers' compensation system. Therefore, CALSTAR cannot seek recovery under causes of action such as breach of implied contract, quantum meruit, unjust enrichment, or open book account.
Note:	The defendants' demurrers are sustained, as the trial court lacks subject matter jurisdiction.
Citation:	FCS036792
WCC Citation:	WCC 37622011 CA

Case Name:	Camacho v. Target Corp.		06/08/2018
Summary:	Filed 6/8/18 CERTIFIED FOR PUBLICATION  COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA .             ADRIAN CAMACHO, Plaintiff and Appellant, .             v. .             TARGET CORPORATION, Defendant and Respondent. .           In March 2015, Camacho settled his workers' compensation case with Target. Camacho and Target also executed an addendum (Addendum A) that includes additional terms. 2 Addendum A was attached to the C&R. .           The Workers' Compensation Appeals Board (WCAB) issued an order approving the settlement between Camacho and Target approximately a week after the parties executed the C&R and Addendum. .           In April 2015, Camacho received a right-to-sue letter from the Department of Fair Employment and Housing (DFEH).
Note:	A compromise and release does not constitute a global release of all possible civil claims against an employer unless settlement language explicitly mentions the intent to settle both the civil and workers’ compensation causes of action, California’s 4th District Court of Appeal said in a decision published Friday.
Citation:	D073280
WCC Citation:	Super. Ct. No. RIC1507049

Case Name:	Camper v. WCAB		10/05/1992
Summary:	Background This case arises out of a workers' compensation claim, alleging specific and cumulative back injuries, filed by Ronald Camper (Camper) in 1989. On July 24, 1991, the WCAB filed its opinion following reconsideration, which was served upon Camper by mail on the same date. On September 12, 1991, 50 days after the WCAB filed its opinion, Camper filed a petition for writ of review in the Court of Appeal for the Third Appellate District. The procedure for obtaining judicial review of an opinion of the WCAB is set forth in Labor Code section 5950. Southwest Airlines, supra, 234 Cal. App. 3d 1421, was decided on October 7, 1991, after Camper filed his petition.
Note:	45-day time limit is jurisdictional and commences on filing therefore no extension under Code Civ. Proc. 1013.
Citation:	3 Cal.4th 679, 57 CCC 644
WCC Citation:	WCC 27061992 CA

Case Name:	Campos v. WCAB		06/25/2010
Summary:	JUAN CAMPOS, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD et al. , Respondents. At the time petitioner had been employed by respondent Expert Tree Service for less than six months. This subdivision shall not apply if the psychiatric injury is caused by a sudden and extraordinary employment condition. "An employee must demonstrate that an employment condition is sudden and extraordinary by a preponderance of the evidence. We remand this cause to the Board for further consideration consistent with the views expressed in this opinion.
Note:	An incident in which a tree cutter was struck by a falling tree trunk while suspended about 40 feet in the air constitutes a 'sudden and extraordinary employment condition' that allows compensation for a psychiatric injury.
Citation:	A125998
WCC Citation:	WCC 36432010 CA

Case Name:	Canton Poultry v. Stockwell, Harris, et. al.		06/05/2003
Summary:	CANTON POULTRY & DELI, INC. , etc. , et al. , Plaintiffs and Appellants, v. STOCKWELL, HARRIS, WIDOM & WOOLVERTON, et al. , Defendants and Respondents. OPINION ALDRICH, J. - Plaintiff Canton Poultry & Deli, Inc. ("Canton Poultry"), and two of its officers, Shiu Lit Kwan and Cho Wah Kwan (collectively with Canton Poultry, "plaintiffs"), appeal from an order of dismissal entered after a demurrer was sustained to their complaint without leave to amend. We hold that when Canton Poultry was dismissed from the workers' compensation case by operation of law, whatever duties Stockwell had to Canton Poultry ended at that point in time, absent facts to conclude otherwise; here, no such extenuating facts were alleged in plaintiffs' complaint. Additionally, defending the civil suit required the Kwan plaintiffs to spend time on the civil suit and deprived plaintiff Canton Poultry of their services. Thus, Canton Poultry suffered damages in excess of $20,000 because no global settlement was made.
Note:	Defense attorney owes duty to carrier, not employer, after carrier assumes liability.
Citation:	109 Cal.App.4th 1219
WCC Citation:	WCC 29392003 CA

Case Name:	Cantrell v. WCAB (Wal-Mart Stores)		07/16/2009
Summary:	(§ 5908. 5) BACKGROUND Shortly before midnight on November 24, 2004, 30-year-old Cantrell injured his right knee while working as a stocker for Wal-Mart in Turlock. Cantrell was taken by ambulance to the local hospital, treated for the injury, and released in the early morning hours on Thanksgiving Day. In November 2005, Cantrell filed two petitions with the WCAB for increased compensation for discriminating against him under section 132a. One petition alleged Wal-Mart representatives "wrongfully assigned Mr. Cantrell to take a post-accident drug test after Mr. Cantrell had claimed a work injury. "Cantrell petitioned the WCAB for reconsideration, claiming the WCJ "failed to appropriately address the legal issues . . . " presented in his discrimination petitions.
Note:	[Unpublished] The WCAB did not make a finding whether a drug testing policy itself discriminated against employee for sustaining an industrial injury and if so, whether employer demonstrated that its conduct was necessary and directly linked to the realities of doing business. Under 132a, the WCAB was required to make this inquiry.
Citation:	F057606
WCC Citation:	WCC 35452009 CA

Case Name:	Canty v. WCAB (DMV)		05/31/1996
Summary:	Bertha Canty, Petitioner v. Workers' Compensation Appeals Board, State of California Department of Motor Vehicles et al. , Respondents. Rather than proceed to hearing and submit the issues for decision on the basis of the medical opinions of Drs. Floyd and Masem, the parties selected Leonard Gordon, M. D. , orthopedic hand specialist, to evaluate applicant as an agreed medical examiner (AME). Dr. Gordon examined applicant in the capacity of an AME on March 22, 1995, and issued his report on that same date. n3 The report begins as follows: 'I am responding to a request to provide a specific date that Bertha Canty became permanent and stationary.
Note:	Supplemental medical report not shown to be 'newly discovered evidence'; good illustration of warranted dismissal.
Citation:	61 CCC 559
WCC Citation:	WCC 27291996 CA

Case Name:	Carpenter v. Universal City Studios		10/30/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE CHRISTOPHER CARPENTER, Plaintiff and Appellant, v. UNIVERSAL CITY STUDIOS L. L. L. P. et al. , Defendants and Respondents. INTRODUCTION After plaintiff Christopher Carpenter suffered serious injury to his hand while working as a grip on the set of the Universal Network Television, L. L. C. (UNT) series Dragnet, he sued defendant Universal City Studios L. L. L. P. (UCS) in tort alleging that UCS was liable as the landlord of the soundstage where he was injured. Universal's Production Service Representative Bonita Chan explained that Universal and Universal Studios, Inc. are related entities, and UNT is a department within "Universal. Various of the Universal companies share the same address at Universal City Plaza. Silverstein explained that Dragnet "was a Universal show using Universal equipment on the Universal lot. "
Note:	[unpublished] The evidence supports the jury's special verdict
Citation:	B186031
WCC Citation:	WCC 34492008 CA

Case Name:	Carpenter v. Universal City Studios L.L.L.P.		01/10/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE CHRISTOPHER CARPENTER, Plaintiff and Appellant, v. UNIVERSAL CITY STUDIOS L. L. L. P. et al. , Defendants and Respondents. Universal's Production Service Representative Bonita Chan explained that Universal and Universal Studios, Inc. are related entities, and UNT is a department within "Universal. Various of the Universal companies share the same address at Universal City Plaza. Silverstein explained that Dragnet "was a Universal show using Universal equipment on the Universal lot. "It's Universal Studios Television, but it's Universal  I work for Universal Studios Productions Services.
Note:	[Unpublished] The evidence supports the jury's special verdict that Defendant was Plaintiff's special employer with the result the trial court did not err in denying Carpenter's three motions. Accordingly, the judgment is affirmed.
Citation:	B186031
WCC Citation:	WCC 32982008 CA

Case Name:	Carpenter v. WCAB		04/11/1986
Summary:	The change-of-address form was dated August 23, 1983, but bears a WCAB stamp showing receipt by the Board at 1025 a. m. on August 31, 1983. The Board also found 'applicant's attorney has agreed to receive service of process from the Sacramento office [of the WCAB] in that manner [by mail slot]. 'Petitioner's counsel, as an attorney, is presumed to know that service by 'mail slot' is not authorized by statute or by WCAB regulations. Petitioner is therefore bound by his attorney's agreement to accept service of process at his WCAB 'mail slot. 'n3 It is undisputed that delivery by 'mail slot' does not constitute 'personal service' within the meaning of the Labor Code and WCAB regulations.
Note:	Time limit for filing petition for reconsideration runs from date of actual receipt when WCAB serves findings to attorney at unauthorized address.
Citation:	51 CCC 175
WCC Citation:	WCC 27781986 CA

Case Name:	Carr v. Washington Mut. Bank		04/22/2009
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT LARESSIA M. CARR, Plaintiff and Appellant, v. WASHINGTON MUTUAL BANK, Defendant and Appellant. -ooOoo- Laressia M. Carr sued Washington Mutual Bank (Bank), her employer, claiming that she suffered posttraumatic stress disorder (PTSD) as the result of a take-over robbery of Bank's branch where she worked as a teller. After learning from Nawrocki that Bank would not lower her hours, Carr became extremely stressed and starting having more symptoms. Carr also testified that she still considered herself a Bank employee, and Bank does not dispute her status. Bank argues that Carr failed to prove she was entitled to front pay because Carr is, and considers herself to be, an employee of Bank, and there is no evidence that the reinstatement of Carr is not feasible.
Note:	[Unpublished] An employer failed to accommodate a bank teller's post-traumatic stress disorder pursuant to the Fair Employment and Housing Act.
Citation:	F051628
WCC Citation:	WCC 35162009 CA

Case Name:	Carrillo v. Wiberg Corporation of California		02/25/2011
Summary:	ARTHUR CARRILLO, Plaintiff and Appellant, v. WIBERG CORPORATION OF CALIFORNIA, Defendant and Respondent. Frank DeLaFuente filled in for Carrillo and was told he would have the position until Carrillo came back to work. Since the release did not state Carrillo could return to driving, the company asked Carrillo to provide a more specific release. Welzel instructed Ortega to call Carrillo and to reinstate him, but Ortega did not have a chance to reinstate Carrillo because he was informed Carrillo was looking for another job. Carrillo Asks for a Job Reference and Does Not Return to Work The Wiberg witnesses, including Welzel, Liczyk, Ortega, and Sylvia Cervantes, the California facility's office manager, all testified the company did not terminate Carrillo.
Note:	A disabled employee who quit his job before his employer had a chance to start the interactive process does not have a cause of action under the California Fair Employment and Housing Act, the 2nd District Court of Appeal ruled.
Citation:	B219431
WCC Citation:	WCC 37222011 CA

Case Name:	Carrillo-Torres v. Bergen Part 1/2		03/28/2018
Summary:	.             A144704 .             (Alameda County Super. .           Once Bergen and KL Construction executed the contract, Bergen wrote an initial deposit check to KL Construction for $1,000. PROCEDURAL BACKGROUND .           On November 15, 2012, Torres filed a complaint against Bergen alleging one cause of action for premises liability and negligence. .           Bergen’s counsel maintained Bergen was protected from liability under Privette because she hired KL Construction, a licensed and insured contractor, who hired Gonzalez, and because Bergen exercised no control over project safety. .           As noted, Torres also contends Bergen schemed with KL Construction to improperly reduce the costs of the project by having Bergen write checks to workers directly.
Note:
Citation:	A144704
WCC Citation:	Alameda County Super. Ct. No. RG12656391

Case Name:	Carrillo-Torres v. Bergen Part 2/2		03/28/2018
Summary:	.           _________________________ Schulman, J. [¶] . [¶] . Because Bergen did not adequately explain the relevance of that ruling, and because the information is unnecessary to our analysis, we deny the request.   Elsewhere in his opening brief, Torres submits Bergen had a right under the contract to reject subcontractors. We reject Torres’s contention that Bergen must have hired Gonzalez (and thus must have been his employer) simply because she wrote two checks paying him.
Note:
Citation:	A144704
WCC Citation:	Alameda County Super. Ct. No. RG12656391

Case Name:	Carter v. County of LA (En Banc)		06/19/1986
Summary:	Carolyn Carter v. County of Los Angeles John Weatherspoon v. St. Ferdinand's School Elaine Constancio v. Los Angeles County W. C. A. B. Nos. On this ground we will dismiss defendant's petition in 84 LA 504567. (Labor Code 5310) In Constancio v. County of Los Angeles (84 POM 95786), a C&R dated January 23, 1986 was submitted for approval. For the foregoing reasons, IT IS ORDERED that defendant's Petition for Reconsideration filed in Carter v. County of Los Angeles (84 LA 504567) on February 28, 1986 be, and it is hereby, DISMISSED. 83 LA 504567 (Carter ), 84 POM 95786 (Constancio ) and 85 VN 142848 (Weatherspoon ), be, and they are hereby, REMANDED for further proceedings and decision consistent with the opinion expressed herein.
Note:	No release for subseq. injury in rehab. unless it is a 'compensable consequence' of prior injury.
Citation:	51 CCC 255
WCC Citation:	WCC 25711986 CA

Case Name:	Carver v. WCAB		02/20/1990
Summary:	WILLIAM CARVER, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION et al. , Respondents (Opinion by Racanelli, P. J. , with Newsom and Stein, JJ. , concurring. )On September 12, 1988, in response to petitioner's subsequent petition for reconsideration, the Board issued a second opinion affirming its July 21 result. Thus, we must conclude that there was no compliance with the Board rules requiring notice to a party. CIGA was created in 1969 to protect policyholders and claimants under policies of insurance issued by insurers who later become insolvent. The Board also expressed concern over CIGA's ability to defend such claims when employees of the insolvent may become unavailable.
Note:	Nonpayment penalties are benefits, not damages; UEF has burden of seeking reimbursement.
Citation:	217 Cal.App.3d 1539, 55 CCC 36
WCC Citation:	WCC 24471990 CA

Case Name:	Cascade Forest Products, Inc. v. WCAB		10/06/1998
Summary:	Cascade Forest Products, Inc. , Petitioner v. Workers' Compensation Appeals Board, William R. Hines, Respondents. Workers' Compensation Judge Robert Kutz (WCJ) imposed a 10 percent penalty on the entire temporary disability award because Cascade Forest Products, Inc. (employer), terminated temporary disability prematurely. Dr. Soong stated employee was not a candidate for vocational rehabilitation and could return to work as a laborer without restrictions. Based upon Dr. Soong's report, employer, on October 4, 1996, filed and served by mail a petition to terminate liability for temporary disability. Employee's counsel objected by letter dated October 10, 1996, to termination, alleging Dr. Soong's opinion was based on inaccurate facts.
Note:	Employer may terminate benefits, then file petition to terminate benefits w/i 10 days; rebuttable presumption that TD extends 1 week following filing petition.
Citation:	63 CCC 1205
WCC Citation:	WCC 27731998 CA

Case Name:	CASE v. Brown		05/05/2011
Summary:	After briefing and argument, the court agreed with CASE that section 11873 prohibits the Governor from furloughing State Fund employees. Defendants argue that they have been prejudiced because the trial court's ruling in this action conflicts with the ruling in CASE I and the conflicting rulings create irreconcilable adjudications of the Governor's authority to furlough CASE employees at State Fund. Because the claims of State Fund employees were not adjudicated in CASE I, there is no conflicting adjudication as to those employees. That petition alleges that "CASE is the exclusive collective bargaining representative of legal professionals in State Bargaining Unit 2 . The order explained that CASE I raised issues "regarding the Governor's authority to order furloughs of [CASE] members, as employees of executive branch agencies.
Note:	A state governor does not have the authority to furlough employees of an autonomous, self-supporting organization.
Citation:	A125292
WCC Citation:	WCC 37592011 CA