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Case Law Library



 
Case Name: Baillargeon v. Dept. of Water & Power 05/11/1977
Summary: DORIS BAILLARGEON, Plaintiff and Appellant, v. DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES et al. , Defendants and Respondents (Opinion by Jefferson (Bernard), J. , with Kingsley, Acting P. J. , and Dunn, J. , concurring. )Plaintiff Doris Baillargeon filed against defendants Department of Water and Power of the City of Los Angeles (hereinafter, Department), Water and Power Employees Retirement Plan (hereinafter, The Plan), and Board of Administration of the Water and Power Employees Retirement Plan (hereinafter, Board), a complaint entitled '1. 'Like the demurrer, the motion for judgment on the [69 Cal. App. 3d 676] pleadings is confined to the face of the pleading under attack. Second, a sufficient complaint cannot be thus attacked by reference to matters set forth in the answer. Labor Code sections 5900, 5903 and 5950 establish that plaintiff's compensation award was not final on January 14, 1972.
Note: Tolling rule suspends statute of limitations to date decision becomes final, not when filed.
Citation: 69 Cal.App.3d 670, 42 CCC 1142
WCC Citation: WCC 26531977 CA
 
 
Case Name: Baker v. WCAB (Guerrero) 07/28/2017
Summary: Filed 7/28/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT .             CHRISTINE BAKER, as Administrator, etc. , Petitioner, .             v. .             WORKERS' COMPENSATION APPEALS BOARD and JIM GUERRERO, Respondents. .             H043291 .             (W. C. A. B. No. ADJ1377005) .             WRIT OF REVIEW .             We granted the petition for writ of review in this matter to answer a previously unresolved question: At what point does the Subsequent Injuries Benefits Trust Fund, the state fund that pays workers’ compensation benefits to certain permanently disabled workers, begin to owe those benefits to a qualifying applicant?.           Under the relevant statutes, the SIBTF pays a portion of the permanent disability compensation owed to a qualifying worker. .           We find further support for our reading of the statute in the Supreme Court’s reasoning in Baker v. Workers’ Comp. .           WE CONCUR: .           ____________________________ Premo, Acting P. J.
Note:
Citation: H043291
WCC Citation: W.C.A.B. No. ADJ1377005
 
 
Case Name: Baker v. WCAB (Sierra Pacific Fleet Services) 07/17/2017
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 THIRD APPELLATE DISTRICT .             JACK BAKER, Petitioner, .             v. .             WORKER'S COMPENSATION APPEALS BOARD, SIERRA PACIFIC FLEET SERVICES et al. , Respondents. .             C080895 .             (WCAB No. ADJ8111772) .             Petitioner Jack Baker, a diesel mechanic employed by respondent Sierra Pacific Fleet Services (Sierra Pacific) and insured by respondent State Compensation Insurance Fund (State Compensation), injured his knee, neck, and shoulder in the course of his employment in February 2010. .           Dr. Portwood prescribed the drugs Pennsaid and Norco for Baker in February 2014. .           After the matter was assigned to IMR, both Baker and Sierra Pacific promptly submitted medical information to Maximus. .           RAYE , P. J. .           We concur: .           ROBBIE , J.
Note: The 2nd District Court of Appeal issued a decision in California Highway Patrol v. WCAB (Margaris), which found this time limit was "merely directory," and an untimely returned decision is still binding on the parties to a comp case.
Citation: C080895
WCC Citation: WCAB No. ADJ8111772
 
 
Case Name: Baker v. WCAB (X.S.) 08/11/2011
Summary: BAKER v. WORKERS' COMPENSATION APPEALS BOARD CHRISTINE BAKER, as Administrator, etc. , Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and X. S. , Respondents. Life pension payments commence once the worker's partial permanent disability payments have been exhausted, and thereafter continue weekly for life. He received temporary disability payments of $728 per week from the date of injury through October 19, 2006. *fn3 Petitioner in this matter, Christine Baker, is the Director of Industrial Relations serving as administrator of the SIBTF. The WCAB below agreed with the interpretation of the statutory language urged by applicant, suggesting that, "[t]his holding is also consistent with the second sentence of section 4659(c).
Note: SAWW increase begins the January 1st of the year following the date the life pension or permanent total disability payments begin.
Citation: S179194
WCC Citation: WCC 37902011 CA
 
 
Case Name: Bakersfield City School Dist. v. WCAB 09/21/2007
Summary: Filed 9/21/07 Bakersfield City School Dist. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT BAKERSFIELD CITY SCHOOL DISTRICT et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and ROBERT BOYD, Respondents. -ooOoo- The Bakersfield City School District (School District) petitions for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB). On August 31, 2006, Boyd was traveling in a School District vehicle from Thorner Elementary School to his next assignment at Voorhies Elementary School. As Boyd appropriately observes, none of the cases cited by the WCAB and the School District limit workers' compensation recovery to only the circumstances presented.
Note: [Unpublished] In light of his perception of danger to schools in the vicinity, combined with an absence of a specific employment policy prohibiting his conduct, the employee acted reasonably when engaging in a minor deviation from the course of his employment to assist the police in apprehending a fleeing suspect.
Citation: 72 CCC 1191
WCC Citation: WCC 32572007 CA
 
 
Case Name: Ballester v. Ecolab 02/23/2011
Summary: ANTHONY BALLESTER, Plaintiff and Appellant, v. ECOLAB, INC. , Defendant and Respondent. BACKGROUND This lawsuit concerns Anthony Ballester's termination from his employment with Ecolab, Inc. Ballester claims his termination was due to a fraudulent report of his poor performance by his immediate supervisor, which was then ratified by Ecolab managers and corporate officers. He sued Ecolab as a result of his termination, seeking compensatory and punitive damages and reinstatement to his position. In addition, Ecolab argued the second amended complaint failed to state a claim for fraud because it did not and could not allege that Ballester relied on the allegedly fraudulent performance report. Finally, Ecolab argued that, as a matter of law, Ballester could not amend his complaint because workers' compensation provided his exclusive remedy.
Note: A terminated employee's suit for intentional infliction of emotional distress contained allegations that were insufficient to avoid the bar of exclusive remedy.
Citation: A129073
WCC Citation: WCC 37162011 CA
 
 
Case Name: Barba v. Wal-Mart Transportation 03/01/2010
Summary: IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN ROBERT JOSEPH BARBA, SR. , Plaintiff and Respondent, v. WAL-MART TRANSPORTATION, LLC, et al. , Defendants and Appellants. After several weeks of physical therapy and follow-up visits with Dr. Tuazon, he referred Barba to Dr. Bruce Brown. Dr. Brown recommended Barba continue physical therapy and taking his medication and cleared Barba to return to work, but restricted to light duty. After more physical therapy Barba was returned to full duty in late 2005 even though, according to Barba, he was still in pain in his "back area," again defined by Barba to include his shoulder. *fn5 Dr. Sohn, who examined Barba on February 7, 2007, concluded Barba's shoulder injury had been caused by the accident.
Note: [Unpublished] An employer's action for reimbursement against a third party tortfeasor is limited to recovery for damages proximately caused by the injury.
Citation: B213376
WCC Citation: WCC 36052010 CA
 
 
Case Name: Barboza v. Webcor Construction 12/31/1969
Summary: IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR .             FERNANDO BARBOZA, Plaintiff and Appellant, .             v. .             WEBCOR CONSTRUCTION L. P. , Defendant and Respondent. .             A147144 .             (Alameda County Super. INTRODUCTION .             Appellant Fernando Barboza appeals the trial court’s award of summary judgment in favor of his former employer, Webcor Construction L. P. Barboza alleged employment discrimination based upon his termination three months after a workplace injury. .             The workers’ compensation manager for Webcor, Danielle DiRicco, stated that Barboza never requested leave or accommodation. .           After February 12, 2013, and until his termination, Barboza never sought healthcare treatment for his injuries from the February 5 accident.
Note: A California appellate court ruled that a construction worker failed to establish his claims for violation of the California Family Rights Act and the Fair Employment and Housing Act following an on-the-job injury.
Citation: A147144
WCC Citation: Alameda County Super. Ct. No. RG14737311
 
 
Case Name: Barclay v. Jesse M. Lange Distributor, Inc. 05/11/2005
Summary: Plaintiff Randall Barclay was injured by an explosion while working for his employer (nonparty Chico Drain Oil), cleaning fuel tanks on land owned by defendant Jesse M. Lange Distributor, Inc. (Lange), which is in the business of storing and selling gasoline to commercial and agricultural customers. The Summary Judgment Motion On May 2, 2002, Lange filed a motion for summary judgment on the complaint and cross-complaints filed against Lange by other defendants. The Reply On October 3, 2002, Lange filed a reply, which said nothing about causation or plaintiff's asserted facts. V. The Ruling On January 6, 2003, the trial court issued a written ruling granting summary judgment in favor of Lange. Here, plaintiff's focus is on arguing that Lange contributed to the hazard, not that Lange directly caused the explosion.
Note: Property owner may be liable for injuries to independent contractor's employee where there was a breach in non-delegable regulatory duty.
Citation: 129 Cal.App.4th 281
WCC Citation: WCC 30982005 CA
 
 
Case Name: Barnes v. State Compensation Ins. Fund CA 11/19/2019
Summary: Margie R. Lariviere, Anthony Lewis, Gina Marie Ong, Linda S. Platisha and Gary R. Soliman for Defendant and Respondent State Compensation Insurance Fund. Barnes also purports to appeal from the trial court’s minute order sustaining the demurrer of State Compensation Insurance Fund (SCIF). Both seemingly allege defendants conspired to defraud Barnes of his workers’ compensation benefits, as follows. In April 1993,     We state the facts as alleged in the complaint and include background facts where needed as described in Barnes v. Workers’ Comp. At that point, SCIF’s attorney Nelson and Barnes were sent to the presiding judge to seek a continuance.
Note:
Citation: NC061385
WCC Citation: Barnes v. State Compensation Ins. Fund CA 2/3
 
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