Case Name:	Tipler v. City of Palmdale		03/03/2009
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO ELGIN TIPLER, Plaintiff and Appellant, v. CITY OF PALMDALE, Defendant and Respondent. Appellant Elgin Tipler sued respondent City of Palmdale (the City), alleging causes of action related to his departure from employment with the City. FACTUAL AND PROCEDURAL SUMMARY The City's city manager sent Tipler a letter dated August 5, 2002, notifying him that his employment with the City was terminated effective immediately. The City demurred to the complaint on the ground, inter alia, that Tipler was required, but failed, to allege that he had filed the statutorily required government claim (see § 905) with the City. The City again demurred to the first amended complaint on the ground that Tipler had failed to allege compliance with the requirement that he file a government claim with the City.
Note:	A worker failed to show that his open claim tolled the statute of limitations for his future tort action.
Citation:	B205862
WCC Citation:	WCC 35022009 CA

Case Name:	Tomlin v. WCAB		05/16/2008
Summary:	We granted Officer Tomlin's petition for a writ of review, and we now annul the WCAB's decision denying Officer Tomlin benefits. In addition, Officer Tomlin is an instructor in defense tactics, both for SWAT and for other BHPD police officers. Officer Tomlin otherwise maintains his physical fitness by running, bicycle riding, and weight lifting with other SWAT team members outside of work. The injury required surgery and kept Officer Tomlin out of work until March 16, 2006, when he was able to resume work with modified duties. The issue is not whether Officer Tomlin enjoyed running, or whether Officer Tomlin would be covered by workers' compensation if he had been injured while running solely for pleasure.
Note:	Claimant was required by his employer to maintain physical fitness and pass annual, mandatory physical fitness tests. He was injured when he slipped on a sidewalk while on a three-mile training run for his employer-mandated physical fitness test. Under the facts of this case, claimant's injury is compensable pursuant to section 3600, subdivision (a)(9).
Citation:	B199429
WCC Citation:	WCC 33612008 CA

Case Name:	Toohey v. WCAB		05/04/1973
Summary:	No. 40762 May 4, 1973 THOMAS R. TOOHEY, SR. , PETITIONER, v. WORKMEN'S COMPENSATION APPEALS BOARD AND PABST BREWING COMPANY, RESPONDENTS Brundage & Roseman and Harvey Reichard for Petitioner. On the date of his injury, petitioner was employed by the Pabst Brewing Company. He prepared the bulletin which stated: "Any employee leaving his job during working hours must obtain permission from his supervisor. The consideration that apparently concerned the board is that Toohey left the premises and incurred a type of risk that was not inherent in his work as a bottler. In the present case, the evidence is that the acts of Toohey, although not encouraged, would be tolerated.
Note:	Because act of leaving for lunch was tolerated, injury while off premises is compensable.
Citation:	32 Cal. App. 3d 98
WCC Citation:	WCC 30551973 CA

Case Name:	Torres vs. Parkhouse Tire Service		08/30/2001
Summary:	MANUEL TORRES et al. , Plaintiffs and Appellants, v. PARKHOUSE TIRE SERVICE, INC. , et al. , Defendants and Respondents. Manuel Torres worked for Parkhouse Tire Service, Inc. (Parkhouse), repairing and installing tires. Roy Naas, a sales representative for Parkhouse, approached Torres from behind while he was on his knees working on a tire. 2 Suffering a back injury, Torres did not return to work for Parkhouse. Torres and his wife (plaintiffs) sued Parkhouse and Naas seeking damages for personal injury and loss of consortium.
Note:	In civil action against another employee, injured worker must prove intent to injure.
Citation:	26 Cal.4th 995
WCC Citation:	WCC 28202001 CA

Case Name:	Torretta v. Naltsas		09/15/2010
Summary:	Plaintiff and appellant John L. Torretta (Torretta) appeals from a judgment entered following the trial court's order granting the motion of summary judgment filed by defendant and respondent Steven Naltsas, M. D. (Naltsas). Torretta was referred to Naltsas by Dr. Rocco Fussello, his primary care physician, for treatment of his psoriasis. From 2005 through 2006, Naltsas tried several medications to treat Torretta's psoriasis, but Torretta continued to suffer psoriasis flare-ups. B. Torretta Injures His Hip at Work On February 14, 2007, Torretta, a finish carpenter, was working for CBS Studios (CBS) in its production shop. Specifically, Naltsas claimed that Torretta was aware of the possible link between his avascular necrosis and the steroid injections given by Naltsas by May 2007, when Torretta saw Dr. Fell.
Note:	A one-year statute of limitations barred a carpenter's suit against his private treating dermatologist, because he waited too long to file the suit after his workers' compensation physicians told him that his corticosteroid injections caused his severe hip condition, the 2nd District Court of Appeal ruled.
Citation:	B219421
WCC Citation:	WCC 36682010 CA

Case Name:	Transactron, Inc. v. WCAB (Spears)		03/18/1977
Summary:	The women's rest room was located near the end of the passageway extending from the lobby in a work area confined to employees. The door to the rest room was marked, but from the lobby would appear to a person as just another door. The corridor leading to the rest room was private and would not ordinarily be used by uninvited persons. (1960) 25 Cal. Comp. Cases 194, and Howard v. W. C. A. B. (1966) 31 Cal. Comp. Cases 358. Cases 194; Howard v. W. C. A. B. , supra, 31 Cal. Comp. Cases 358; Morgan v. W. C. A. B. (1971) 36 Cal. Comp. Cases 325; Madin v. Industrial Acc.
Note:	The role of employment in an act of violence is inconsequential when it merely provides a place where the assailant can find the victim.
Citation:	68 Cal.App.3d 233
WCC Citation:	WCC 31171977 CA

Case Name:	Transportation Ins. Co. v. WCAB		09/25/1997
Summary:	Transportation Insurance Company, Petitioner v. Workers' Compensation Appeals Board, State Compensation Insurance Fund, Sharon Avery, Respondents. At that time, TRW was insured by the Transportation Insurance Co. (Transportation). Transportation Insurance Co. and Applicant C&R'd the first injury and Applicant requested vocational rehabilitation services. Transportation contended there was no statutory, regulatory, or case law establishing SCIF's right for reimbursement; therefore, the WCAB had no jurisdiction over the contribution petition. Additionally, Transportation claimed that the WCAB had no jurisdiction because the RU had not approached the issue of contribution.
Note:	WCAB has jurisdiction over contribution, reimbursement disputes between insurers.
Citation:	62 CCC 1469
WCC Citation:	WCC 26381997 CA

Case Name:	Travelers Indemnity Co. v. WCAB		09/27/2007
Summary:	Filed 9/27/07 Travelers Indemnity Co. v. WCAB CA3 NOT TO BE PUBLISHED 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). As we will explain, we agree with petitioner Travelers Indemnity Company of Illinois (Travelers) that the 2005 schedule governs. Accordingly, we will annul the WCAB's order granting Bryer's petition for reconsideration and direct the WCAB to reinstate the WCJ's decision. Subdivision (a) of section 4061 provides that "[t]ogether with the last payment of temporary disability indemnity, the employer shall . Thus, we are concerned only with whether Travelers was required to provide Bryer with the section 4061 notice before January 1, 2005. .
Note:	[Unpublished] Because the petitioner was not required to provide the section 4061 notice to injured employee as of January 1, 2005, the 2005 table must be used to determine the extent of the employee's permanent disability, and the WCAB erred in concluding otherwise.
Citation:	C055329
WCC Citation:	WCC 32622007 CA

Case Name:	Travelers Indemnity Co. v. WCAB (Morales)		07/19/2011
Summary:	The Arbitrator however denied Travelers' claim that CIGA's recovery was also barred under the doctrine of Equitable Estoppel. Travelers, which provided workers' compensation to Linear Technology, was joined as a party defendant on June 11, 2009. Mr. Ganio testified that Travelers has been "going paperless," but he was unable to locate the policy in the "electronic warehouse. "In finding CIGA was barred by laches from seeking recovery from Travelers, the Arbitrator found Travelers had established that CIGA had unreasonably delayed joining Travelers, which caused prejudice to Travelers. The Arbitrator concluded that the delay in joining Travelers precluded Travelers from engaging in discovery to resolve issues of liability.
Note:	The California Supreme Court denied review to a panel decision that rejected an insurer's defense to a California Insurance Guarantee Association reimbursement claim.
Citation:	ADJ2141542
WCC Citation:	WCC 37832011 CA

Case Name:	Travelers Ins. Co. v. IAC (Grace)		03/15/1966
Summary:	THE TRAVELERS INSURANCE COMPANY, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, ALBERT L. GRACE et al. , Respondents. However, pursuant to the requirements of the Alaska workmen's compensation law, Travelers paid the following: For temporary disability $9,271. 42; for permanent partial disability $4,698; and for medical expenses $8,198. 40, making a total of $22,167. 82. On November 2, 1964, after receipt of the above mentioned benefits, the applicant filed a claim with the Industrial Accident Commission of California against the employer and Travelers. Travelers contended that its policy covered only claims under the Alaska law and submitted a lien claim for the amounts paid out by it. [3] The Travelers policy was filed with the commission and is contained in the record.
Note:	Award annulled b/c policy did not provide coverage in CA.
Citation:	240 Cal.App.2d 804
WCC Citation:	WCC 26281966 CA

Case Name:	Travelers Ins. Co. v. WCAB		12/17/1982
Summary:	TRAVELERS INSURANCE COMPANY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, DEPARTMENT OF INDUSTRIAL RELATIONS et al. , Respondents. Petitioner, Travelers Insurance Company (Travelers), is the workers' compensation carrier for Lee's employer. Travelers was not a party to said stipulation, as under Tessler, it is mere stakeholder. Travelers' petition for reconsideration was denied by the WCAB. Thus, Travelers requests that we disagree with the decision of another division of this court.
Note:	Since a person entitled to a dependency death benefit survived, award is annulled.
Citation:	138 Cal.App.3d 244
WCC Citation:	WCC 24621982 CA

Case Name:	Tri-Spur Investments v. SCIF		09/16/1996
Summary:	Dissatisfied with the manner in which SCIF was handling the claim, Tri-Spur retained counsel who demanded that SCIF substitute him as attorney of record for Tri-Spur in the compensation proceeding. The attorney also unsuccessfully sought payment from SCIF of his fees as purported Cumis counsel for Tri-Spur. Thereafter, counsel for Tri-Spur served SCIF with a subpoena for all of SCIF's records and reports pertaining to Mason. In exchange for these promises by SCIF to defend against and pay legitimate claims, Tri-Spur has contractually given SCIF the right to investigate and settle such claims, and has promised to cooperate with and assist SCIF as requested in the investigation, settlement or defense of any claim. Thus, because SCIF has accepted the obligation to pay any benefits awarded [*10] to Mason in the compensation proceeding, Tri-Spur is not in a position of inherent conflict with SCIF.
Note:	Substituting insurer for employer permitted where no conflict of interest.
Citation:	61 CCC 940
WCC Citation:	WCC 24961996 CA

Case Name:	Trimas Corp., et al., v. WCAB (Rendon)		07/30/2010
Summary:	TRIMAS CORPORATION et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and FRANK RENDON, Respondents. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS OPINION THE COURT Trimas Corporation (Trimas[ FN*1 ]) petitions for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB). BACKGROUND Frank Rendon was assaulted and strangled by a coworker while working as a shipping and receiving clerk for Trimas in Fresno on May 30, 2008. Trimas timely petitioned for reconsideration, which the WCAB denied by opinion on March 22, 2010. The WCJs report and recommendation to the WCAB is also lacking as an exhibit to the petition.
Note:	An employer failed to preserve its utilization review argument for appeal, according to an unpublished decision from California's 5th District Court of Appeal.
Citation:	F060040
WCC Citation:	WCC 36532010 CA

Case Name:	Tristan v. California Dept of Corrections and Rehabilitation		10/29/2012
Summary:	TRISTAN v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION DAVID P. TRISTAN, JR. , Plaintiff and Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION et al. , Defendants and Respondents. INTRODUCTION David P. Tristan, Jr. , a parole agent for the California Department of Corrections and Rehabilitation (the Department), sued the Department and several of his supervisorsMichael Ayala, A. J. Garcia, and Maritza Rodriguez. According to Tristan, the parolee attempted to evade arrest and assaulted Tristan while attempting to flee. Tristan supported his opposition with a lengthy declaration in which he set forth in detail his numerous grievances against respondents. Tristan also requested that the trial court take judicial notice of various documents, including numerous provisions from the Department's operation manual.
Note:	The California Department of Corrections was entitled to the summary dismissal of a parole agent's claims that his supervisors had discriminated against him after he suffered two work-related knee injuries.
Citation:	D060285
WCC Citation:	WCC 39462012 CA

Case Name:	Tucker v. WCAB		01/07/1975
Summary:	MANTYE TUCKER, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, JOHN MUIR HOSPITAL et al. , Respondents (Opinion by Christian, J. , with Caldecott, P. J. , and Rattigan, J. , concurring. )OPINION CHRISTIAN, J. Petitioner received compensation of $7,250 for an industrial injury pursuant to an award which had been issued on September 14, 1973. On October 19, 1973, petitioner demanded payment of the $14. 02; on November 28, 1973, Argonaut paid the interest. Respondent board has refused to assess a 10 percent penalty for late payment of the $14. 02 interest. Interest should always be computed and paid with the payment of the principal award absent special circumstances.
Note:	Failure of carrier to take administrative measures to compute and pay interest on every award was not to be disregarded as de minimis.
Citation:	44 Cal.App.3d 330
WCC Citation:	WCC 26181975 CA

Case Name:	Tung Tran v. Zhi Qiang Luo		11/15/2011
Summary:	TUNG TRAN v. ZHI QIANG LUO TUNG TRAN, Plaintiff and Respondent, v. ZHI QIANG LUO, Defendant and Appellant. NOT TO BE PUBLISHED IN OFFICIAL REPORTS SIMONS, J. Appellant Zhi Qiang Luo appeals from the trial court's injunctive relief order (Code Civ. Proc. , § 527. 8)*fn1 protecting respondent Tung Tran and Tran's employees from violence and threats of violence by appellant. The petition alleged that, on December 24, 2010, after respondent terminated appellant's employment, appellant threatened to kill respondent and his employees. The trial court issued the TRO and an order to show cause why the requested injunction should not issue.
Note:	A California appellate court affirmed an injunction barring a former employee from making violent threats against his employer, and forcing him to stay away from his former co-workers.
Citation:	A131589
WCC Citation:	WCC 38272011 CA

Case Name:	Tverberg et al. v. Fillner Construction		01/26/2012
Summary:	Ct. No. FCS028210) The trial court granted summary judgment to respondent Fillner Construction, Inc. (Fillner), and dismissed the personal injury action of appellants Jeffrey and Catherine Tverberg. Tverberg had more than 20 years experience in structural steel construction and held a state contractors license under the name of J. T. Constructiona sole proprietorship consisting exclusively of Tverberg. Tverberg alleged causes of action for negligence and premises liability; Catherine Tverberg pled a cause of action for loss of consortium. (Tverberg v. Fillner Construction, Inc. (2011) 193 Cal. App. 4th 1121, review granted July 13, 2011, S192804. )Third, the Tverbergs claim that the affirmative contribution is demonstrated by evidence that Fillner failed to cover the holes after Tverberg twice asked Fillner to do so.
Note:	A self-employed independent contractor can sue a general contractor under a theory of negligent exercise of retained control.
Citation:	A120050
WCC Citation:	WCC 38492012 CA

Case Name:	Tverberg v. Fillner Construction (1st DCA decision)		02/24/2011
Summary:	Fillner contracted with subcontractor Lane Supply, which delegated the work to subcontractor Perry Construction, Inc. (Perry). Tverberg had more than 20 years' experience in structural steel construction and held a state contractor's license under the name of J. T. Constructiona sole proprietorship consisting exclusively of Tverberg. Finding that Fillner had established a complete defense to the Tverbergs' action, the trial court entered judgment for Fillner in November 2007. Third, the Tverbergs claim that the affirmative contribution is demonstrated by evidence that Fillner failed to cover the holes after Tverberg twice asked Fillner to do so. (Tverberg v. Fillner Construction, Inc. (2010) 49 Cal. 4th 518 (Tverberg). )
Note:	Eight months after the California Supreme Court told a self-employed independent contractor that he could not sue a general contractor on a theory of vicarious liability, the 1st District Court of Appeal has now allowed Jeffrey Tverberg to sue the same general contractor under a theory of direct liability.
Citation:	A120050-2
WCC Citation:	WCC 37202011 CA

Case Name:	Tverberg v. Fillner Construction (CA Supreme Court)		06/28/2010
Summary:	JEFFREY TVERBERG et al. , Plaintiffs and Appellants, v. FILLNER CONSTRUCTION, INC. , Defendant and Respondent. To do that work, Fillner hired subcontractor Lane Supply, which delegated the work to subcontractor Perry Construction Company, which then hired plaintiff independent contractor Jeffrey Tverberg as foreman of Perry's two-man canopy-construction crew. Tverberg, who had more than 20 years' experience in structural steel construction, held a state contractor's license under the name J. T. Construction, a sole proprietorship consisting exclusively of Tverberg. Although subcontractor Perry paid Tverberg on an hourly basis, it is undisputed that Tverberg was not Perry's employee but an independent contractor. Tverberg then sued general contractor Fillner and subcontractor Perry, which had hired Tverberg, seeking damages for physical and mental injuries and lost income under theories of negligence and premises liability.
Note:	A self-employed independent contractor cannot sue a general contractor for work-related injuries under a theory of vicarious liability.
Citation:	S169753
WCC Citation:	WCC 36442010 CA

Case Name:	Twen. Cent.-Fox Film Corp. v. WCAB		04/11/1983
Summary:	TWENTIETH CENTURY-FOX FILM CORPORATION, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and KEVIN CONWAY, Respondents. The applicant was then involved in a minor traffic accident, and on the same day his screenplay was rejected by the story department. Dr. Alfred Bloch, a psychiatrist reporting on behalf of the applicant, diagnosed the applicant's psychiatric condition as: '1. Conway provides an extremely complex history of events in the course of his employment at 20th Century Fox Studios. [141 Cal. App. 3d 782] 'Apparently, Mr. Conway worked fairly consistently for Ralphs Supermarkets prior to employment in the film industry.
Note:	Judge erred by not discussing basis of opinion as to an employee's psychiatric injury.
Citation:	141 Cal.App.3d 778
WCC Citation:	WCC 24831983 CA