Case Name:	Fernandez v. Spayde		06/27/2017
Summary:	This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115(a).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 SIX .             BRAYAN FERNANDEZ, Plaintiff and Appellant, .             v. .             ROGER SPAYDE et al. , Defendants and Respondents; .             EVEREST NATIONAL INSURANCE COMPANY, Intervener and Appellant. Ct. No. 56-2014-00449789-CU-PO-VTA) .             (Ventura County) .             Plaintiff Brayan Fernandez and plaintiff-inintervention Everest National Insurance Company (ENIC) (plaintiffs) appeal a summary judgment entered in favor of defendants Roger Spayde and Kristin Spayde. .           Fernandez sued Roger and Kristin Spayde, as owners of the home, for negligence and premises liability. .           We concur: .           PERREN, J. .           Rocky Baio, Judge .           Superior Court County of Ventura .           James S. Link; Law Offices of Daniel Gibalevich, Daniel Andrew Gibalevich; Roberson & Kimball, Blake S. Posner for Plaintiff, Intervener and Appellants.
Note:
Citation:	B276173
WCC Citation:	Super. Ct. No. 56-2014-00449789-CU-PO-VTA

Case Name:	Fernandez vs. Lawson		05/13/2002
Summary:	MIGUEL FERNANDEZ, Plaintiff and Appellant, v. TRUMAN LAWSON, JR. , et al. , Defendants and Respondents. OPINION WOODS, J. - Miguel Fernandez asks this court to reverse the judgment entered upon the trial court's order granting summary judgment for Truman W. Lawson Jr. , Gaile F. Lawson and the Truman W. Lawson Jr. and Gaile F. Lawson Trust (collectively Lawson) on Fernandez's complaint alleging, breach of California Occupational Safety and Health Act (OSHA) regulations and American National Standards Institute (ANSI) safety standards relating to trimming of an approximately 50-foot tall palm tree at Lawson's private residence. With respect to the workers' compensation claim, Lawson pointed out their homeowner's insurance policy provided for workers' compensation insurance and Fernandez submitted a claim. If the jury finds Lascano misrepresented ATS's license status and Fernandez is thereby estopped from claiming he was the employee of Lawson, then Fernandez will be deemed an employee of ATS only and ATS will be treated as an independent contractor. As an independent contractor, ATS, not Lawson would be responsible for compliance with OSHA, unless Fernandez demonstrates Lawson exercised control over the details of the work.
Note:	Reliance on license status of contractor under LC 2750.5 is factual issue for trial.
Citation:	98 Cal.App.4th 388
WCC Citation:	WCC 28502002 CA

Case Name:	Ferreira v. Homeport Insurance Co,		07/23/2012
Summary:	CO. EVA JEAN FERREIRA, Individually and as Executor, etc. , Plaintiff, Cross-defendant and Appellant, v. HOMEPORT INSURANCE COMPANY, et al. , Defendants, Cross-complainants and Appellants. Plaintiff Eva Ferreira, who filed this suit as an individual and as executor of her late husband's estate, appeals from a final judgment for defendants Homeport Insurance Company, Stevedore Services of America and SSA Marine. Once the U. S. Department of Labor approved the settlement, Homeport was to pay Ferreira $370,000 over and above any compensation benefits previously paid for the 2003 injury. Homeport agreed to withdraw any claims for subrogation or lien rights to recovery obtained by Ferreira against the Port of Stockton or the ship involved in the 2003 mishap. Since Mr. Ferreira died on July 27, 2007, Ferreira argued the cross-complaint was untimely.
Note:	A California appellate court ruled that the widow of a longshoreman who had failed to finalize a tentative agreement with his employer's insurance carrier for his industrial injury before his death could not sue the carrier for breaching the terms of the proposed agreement or for her emotional distress arising from the carrier's refusal to honor its terms.The court also said that the carrier could not sue the worker's estate for a lien on a recovery in any action against a third-party for the worker's industrial accident.
Citation:	A129546
WCC Citation:	WCC 39152012 CA

Case Name:	Fidelity & Cas. Co. of NY v. WCAB (Harris)		03/31/1980
Summary:	Through his attorney Harris agreed to sign and on May 6, 1975, signed a compromise and release agreement with Fidelity on WCAB Form 15 (Rev. On August 15, 1975, the compromise and release agreement of May 6, 1975, as raised, was approved by the WCAB. Fidelity answered and the WCAB judge, on August 21, 1978, submitted a report and recommendation on the petition for reconsideration. On September 29, 1978, Fidelity wrote to the WCAB seeking clarification of the issues then pending before the board by virtue of its order granting reconsideration. The WCAB then requested from the permanent disability rating board a rating of the objective disability factors contained in Dr. Hickey's report.
Note:	Board may take further evidence only on issue being reconsidered; must give notice, opportunity to present evidence to parties.WCAB decides if good cause exists per S. 5803 to rescind a C&R agreement.
Citation:	103 Cal.App.3d 1001, 45 CCC 381
WCC Citation:	WCC 27391980 CA

Case Name:	Fidelity & Cas. Co. of NY v. WCAB (Ratzel)		07/05/1967
Summary:	THE FIDELITY & CASUALTY COMPANY OF NEW YORK, Petitioner, v. THE WORKMEN'S COMPENSATION APPEALS BOARD and HUGO W. RATZEL, Respondents. The applicant, born January 24, 1910, was employed as a steel fitter by Standard Steel Corporation. For present purposes we shall assume, without deciding, that they contain evidence of objective factors of disability as contended by the appeals board. Through inadvertence the referee's instructions and the recommended rating were not served on the petitioner until after the award issued. It said (p. 188): 'As this disability was not included in the permanent disability rating, the award to that extent is not sufficient.
Note:	A parties recourse in objecting to rating is to cross-examine expert and rebuttal evidence.
Citation:	252 Cal.App.2d 327, 32 CCC 271
WCC Citation:	WCC 25391967 CA

Case Name:	Fields v. State of California		09/20/2012
Summary:	Kenneth Fields v. State of California F063128 /20/2012 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT KENNETH FIELDS, PLAINTIFF AND APPELLANT, v. STATE OF CALIFORNIA, DEFENDANT AND RESPONDENT. Fields v. State of California CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8. 1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8. 1115(b). Fields filed a personal injury action against Gadbois's estate and the State of California (State), Gadbois's employer. Fields contended that Gadbois was acting within the scope of her employment as an employee of the State at the time of the accident. Accordingly, we conclude that the State is not liable for any injuries Gadbois caused to Fields when she drove to work from her workers' compensation appointment.
Note:	A prison cook killed in a car accident while driving to work after a doctor's appointment related to her workers' compensation claim was not within the scope of her employment at the time of her death.
Citation:	F063128
WCC Citation:	WCC 39392012 CA

Case Name:	Fireman's Fund Indem. Co. v. Industrial Accident Comm'n		04/28/1932
Summary:	Pete Novak applied to the respondent Commission to fix the amount of his compensation growing out of an injury received. At the time of the accident the camp was fifteen miles distant from Lassco. After the accident he was put on the truck and the truck continued on its way to Lassco. Awards in favor of the claimant were annulled in Parker v. Pont, 105 L. T. 493, Enterprise Foundry Co. v. Industrial Acc. 1025]; Rock County v. Industrial Com. , 185 Wis. 134 [200 N. W. 657]; Lamm v. Silver Falls Timber Co. , 133 Or.
Note:	Injury not compensable where employee is injured while picking up paycheck at place/ time within employees discretion
Citation:	123 Cal.App. 142
WCC Citation:	WCC 30541932 CA

Case Name:	Fireman's Fund Insurance Co. v. WCAB		01/29/2010
Summary:	Filed 1/29/10 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- FIREMAN"S FUND INSURANCE COMPANY, Petitioner, v. WORKERS"COMPENSATION APPEALS BOARD, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION et al. , Respondents. Guilford Steiner Sarvas & Carbonara, LLP, Richard E. Guilford; Hanna, Brophy, MacLean, McAleer & Jensen, LLP, for Respondent California Insurance Guarantee Association. There was, however, no appellate decision or WCAB decision considering CIGA"s liability in a successive injuries case such as this. Code), CIGA provides "insolvency insurance" against loss arising from the failure of an insolvent insurer to discharge its obligations under its insurance policies. Although funded by a compulsory membership of insurance companies doing business in California, CIGA "was created to provide a limited form of protection for insureds and the public, not to provide a fund to protect insurance carriers. "
Note:	Where the law is unsettled regarding CIGA's liability, a party negotiating with CIGA should ordinarily be entitled to rely on CIGA's reasoned evaluation of its own authority.
Citation:	C062019
WCC Citation:	WCC 35952010 CA

Case Name:	Fireman's Fund Insurance Co. v. Workers' Compensation Appeals Board		10/12/2010
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE No. B215486 October 12, 2010 FIREMAN'S FUND INSURANCE COMPANY ET AL. , PETITIONERS, v. WORKERS' COMPENSATION APPEALS BOARD AND CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, RESPONDENTS. Payday was insured for workers' compensation by Reliance National Indemnity Co. (Reliance) and Rocket Science was insured for workers' compensation by Fireman's Fund Insurance Co. (Fireman's Fund). Rocket Science and Fireman's Fund asked to be dismissed as defendants by the Workers' Compensation Appeals Board (WCAB). Payday was insured for workers' compensation by Reliance and Rocket Science was insured for workers' compensation by Fireman's Fund. Therefore, the Fireman's Fund policy was not other insurance under Insurance Code section 1063. 1, subdivision (c)(9), so that the motion for dismissal should have been granted.
Note:	A special employer is liable for a Temptation Island producer's back injury after his general employer's workers' compensation carrier went insolvent, because the special employer's comp policy qualifies as 'other insurance' under the Insurance Code.
Citation:	B215486
WCC Citation:	WCC 36772010 CA

Case Name:	Fitch v. Select Products Co.		08/01/2005
Summary:	Filed 8/1/05 IN THE SUPREME COURT OF CALIFORNIA DAVID JAY FITCH, a Minor, etc. , et al. , Plaintiffs and Respondents, v. SELECT PRODUCTS COMPANY, San Bernardino County Defendant; STATE DEPARTMENT OF HEALTH SERVICES, Claimant and Appellant. The answer is "no. " I Elan Jay Fitch (Fitch or decedent) contracted cancer while working for the Southland Corporation (Southland) as a diesel mechanic. In September 1993, Fitch died of the cancer, survived by his wife, Dianne, and three minor children. The complaint named Select Products Company (Select) as one of the defendants, alleging that Fitch's illness and death was caused by a coating product manufactured by Select that Fitch had used in his work. Plaintiffs' wrongful death action proceeded to trial against Select alone (other defendants had either settled or been dismissed).
Note:	Medi-Cal lien cannot be asserted in wrongful death action that does not include medical expenses.
Citation:	36 Cal.4th 812
WCC Citation:	WCC 31112005 CA