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Case Law Library



 
Case Name: Argonaut Ins. Co. v. IAC (Harries) 12/09/1964
Summary: ARGONAUT INSURANCE COMPANY et al. , Petitioners, v. INDUSTRIAL ACCIDENT COMMISSION and EARLY C. HARRIES, Respondents. * Petitioners, Argonaut Insurance Company and its assured Arntz Brothers, seek annulment of a permanent disability award to Early C. Harries, an employee of Arntz Brothers. Argonaut Insurance Company was the employer's workmen's compensation insurer for the period July 1, 1955, through April 1, 1962. The onset of pain was not sudden and there was no specific incident of pain associated with his employment. Therefore, under the well-known rule applicable to review of Industrial Accident Commission determinations, we are bound by the commission's findings.
Note: Where employer has more than one insurer, apportionment of liab. is proper.
Citation: 231 Cal.App.2d 111, 29 CCC 279
WCC Citation: WCC 26311964 CA
 
 
Case Name: Argonaut Ins. Co. v. IAC (Montana) 05/08/1962
Summary: ARGONAUT INSURANCE COMPANY, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION and FRED MONTANA, Respondents. Describing Montana's preaccident condition, he stated: 'There was some increase in the lumbosacral angle with mild scoliosis. I mean, there was nothing unusual about the x-rays for a man of this build . . . and age. They are not too far away from normal, about what you would expect with his build and age. '[1] Whether a disability results in whole or in part from 'the normal progress of a preexisting disease' (Industrial Indem.
Note: IAC may use its general knowledge to forecast and weigh facts relevant in compensation award.
Citation: 57 Cal.2d 589, 27 CCC 130
WCC Citation: WCC 25361962 CA
 
 
Case Name: Argonaut Ins. Co. v. Industrial Accident Comm'n 10/11/1963
Summary: No. 238 October 11, 1963 ARGONAUT INSURANCE COMPANY ET AL. , PETITIONERS, v. INDUSTRIAL ACCIDENT COMMISSION AND LOLA LEE CUDDY, RESPONDENTS PROCEEDING to review an order of the Industrial Accident Commission awarding compensation for death of claimant's husband. James J. Cuddy died November 10, 1961, as the result of an automobile accident near Shaver Lake in Fresno County. Petitioner Hermreck, Inc. , was insured as to liability for injuries arising under the workmen's compensation laws by petitioner Argonaut Insurance Company. Hearings were held before Referee Rolf V. Gadebusch, of the Industrial Accident Commission, on the claim for a death benefit filed by respondent Lola Lee Cuddy. 2d 509, 513 [159 P. 2d 625], it is said: "The test is stated in Employers' etc. Corp. v. Industrial Acc.
Note: Injury compensable if sustained while traveling to pick up paycheck at location specified by employer.
Citation: 221 Cal. App. 2d 140
WCC Citation: WCC 30471963 CA
 
 
Case Name: Argonaut Ins. Co. v. WCAB (Lopez) 02/22/1971
Summary: ARGONAUT INSURANCE COMPANY, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD and RICHARD LOPEZ, Respondents (Opinion by Fleming, J. , with Herndon, Acting P. J. , and Compton, J. , concurring. )Under this section permanent disability must be apportioned between two injuries producing the disability. [2] However, the board awarded Lopez 11 1/2 percent permanent disability without regard to its prior awards or findings. Nevertheless, the board did not follow the logic of its finding, but instead awarded Lopez compensation for an additional 11 1/2 percent permanent disability. Lopez's employer reported the following hours worked by Lopez during the 12 months which followed his second injury: Tabular Material Omitted
Note: Insurer entitled to specific finding on amount of PD relied on by WCAB, can controvert finding through legal process.
Citation: 15 Cal.App.3d 436, 36 CCC 89
WCC Citation: WCC 26491971 CA
 
 
Case Name: Argonaut Ins. Co. v. WCAB (Thompson) 05/09/1972
Summary: [n3] Counsel for Argonaut prepared a settlement agreement on a printed WCAB form captioned 'Third Party Compromise and Release. 'On May 11, counsel for Argonaut sent the settlement agreement to WCAB for its approval. After Argonaut petitioned for reconsideration, the WCAB on April 6, 1971, affirmed the referee's action. The second error was committed by Argonaut when it was led into the precise error invited by the WCAB form. By ordering Argonaut, rather than Thompson or Cayocca, to pay the $ 1,404, WCAB attempted to take from Argonaut money which had never been in its hands.
Note: Settlement of 3rd party liability not set aside for superseding, unsatisfied lien.
Citation: 37 CCC 324
WCC Citation: WCC 27491972 CA
 
 
Case Name: Argonaut Ins. Exch. v. IAC (Bellinger) 02/14/1958
Summary: ARGONAUT INSURANCE EXCHANGE, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION and M. FRANCES BELLINGER et al. , Respondents. The panel set aside the referee's approval of the compromise and release agreement and substituted its own findings and award. Petitioner first challenges the jurisdiction of respondent commission to annul the referee's order approving the parties' compromise and release agreement. In 1951, the Legislature amended section 115 of the Labor Code so as to grant referees authority to issue original decisions. However, no authority was given to referees to render an original decision approving a compromise or release agreement.
Note: IAC not required to take further evidence and could redetermine case on existing record.
Citation: 49 Cal.2d 706, 23 CCC 34
WCC Citation: WCC 26521958 CA
 
 
Case Name: Arkius Inc. v. Hyundae Health Center et al. 09/27/2011
Summary: ARKIUS, INC. , Plaintiff and Appellant,v. HYUNDAE HEALTH CENTER, INC. , et al. , Defendants and Respondents. Arkius provided all services pursuant to the agreements but Yeh failed to pay for the work. Arkius filed a complaint alleging causes of action for breach of contract and common counts against several defendants. Defendants called Alex Valles, who had worked for plaintiff on several projects simultaneously, one of which was Ardmore Plaza. Respondents also called Mr. Yeh, who testified he was unaware of any cash payments made to employees working at Ardmore Plaza.
Note: The license of a general contractor is not suspended by operation of law because it underreported payroll to State Compensation Insurance Fund.
Citation: B228093
WCC Citation: WCC 38042011 CA
 
 
Case Name: Arnold v. Mutual of Omaha Ins. Co. 12/30/2011
Summary: ARNOLD v. MUTUAL OF OMAHA INSURANCE COMPANY KIMBLY ARNOLD, Plaintiff and Appellant, v. MUTUAL OF OMAHA INSURANCE COMPANY, Defendant and Respondent. Plaintiff Kimbly Arnold worked as a nonexclusive insurance agent for Mutual of Omaha Insurance Company (Mutual). During her appointment with Mutual, Arnold did not receive performance evaluations, and he did not monitor or supervise her work schedule. At the time Arnold terminated her appointment in March 2008, she owed Mutual approximately $2,288 for such expenses. Her appointment with Mutual was nonexclusive, and she in fact solicited for other insurance companies during her appointment with Mutual.
Note: An insurer proved that it was entitled to summary judgment against a worker's suit by proving that she was an independent contractor, a California appellate court ruled in a published decision.
Citation: A131440
WCC Citation: WCC 38392011 CA
 
 
Case Name: Arnulfo Aldridge v. Los Angeles County Metropolitan Transportation Authority 12/18/2008
Summary: [U] Aldridge v. Los Angeles County Metropolitan Transportation Authority, No. B202578 (Cal. App. Dist. 2 12/18/2008) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT No. B202578 December 18, 2008 ARNULFO ALDRIDGE, PLAINTIFF AND APPELLANT, v. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, DEFENDANT AND RESPONDENT. APPEAL from a judgment of the Superior Court of Los Angeles County, Tricia Ann Bigelow, Judge. Raymond G. Fortner, Jr. , County Counsel, and Richard P. Chastang, Deputy County Counsel, for Defendant and Respondent. (Zelig v. County of Los Angeles (2002) 27 Cal. 4th 1112, 1126; see also Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. )(Williams v. Housing Authority of Los Angeles (2004) 121 Cal. App. 4th 708, 714; see 4 Witkin, Cal.
Note: A lower court properly dismissed a self-represented worker's fourth attempt to state a proper cause of action against his former employer, which he charged had harassed and fired him after he filed a workers' compensation claim.
Citation: B202578
WCC Citation: WCC 34692008 CA
 
 
Case Name: Arp v. WCAB 05/05/1977
Summary: CHRIS P. ARP, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, CHRIS ARP CONSTRUCTION COMPANY, INC. , et al. , Respondents (Opinion by Richardson, J. , expressing the unanimous view of the court. )Astrid Arp, petitioner's deceased wife, was an employee of Chris Arp Construction Company, Inc. She was fatally injured in an industrial accident and petitioner applied for and received temporary disability payments accrued by Astrid before her death, and expenses for Astrid's medical care. Astrid Arp earned $6,000 per year as an employee of the construction company wholly owned by her husband. Petitioner asserted a claim for maximum death benefits founded upon the conclusive presumption of section 3501, subdivision (a). Petitioner filed a timely petition for reconsideration with the board, challenging the constitutionality of section 3501's gender-based classification.
Note: The conclusive presumption of total dependency under section 3501, subdivision (a), is invalid and that, pending action by the Legislature, all applicants must be left to establish proof of dependency under section 3502.
Citation: 19 Cal.3d 395
WCC Citation: WCC 33881977 CA
 
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