Case Name:	CIGA v. WCAB (Argonaut Ins. Co.)		04/18/2005
Summary:	We conclude that this distinction is of no legal significance and that the WCAB erred when it directed CIGA to reimburse real party in interest Argonaut Insurance Company (Argonaut), a solvent insurance carrier. CIGA petitioned this court for a writ of review on the ground that the reimbursement ordered by the WCAB is precluded by section 1063. 1, subdivisions (c)(5) and (c)(9)(ii). We remand with instructions to respondent WCAB to vacate its order and issue a new order denying Argonaut's reimbursement claim. CIGA also argued that the WCAB had no jurisdiction to issue an award against it because it was not properly joined as a party defendant and that the statute of limitations barred the claim. CIGA's petition for review to this court included an argument that the WCAB lacked jurisdiction over disputes involving reimbursement claims against it by other insurers.
Note:	There is no legal distinction between a claim for 'contribution, indemnity, or subrogation' and claims that are characterized as 'joint and several' for purposes of CIGA liability under Insurance Code section 1063.1.
Citation:	128 Cal. App. 4th 569
WCC Citation:	WCC 30962005 CA

Case Name:	CIGA v. WCAB (Carls)		06/04/2008
Summary:	CIGA also challenges the Board's finding that CIGA was estopped to assert the statute of limitations due to its delay in determining that the 1997 injury was a covered claim. As a defense to the claim, CIGA raised the one-year statute of limitations set forth in section 5405, subdivision (a). The WCAB adopted the WCJ's report and recommendation, and incorporated them into its order denying reconsideration. On January 25, 2007, the WCJ entered a compensation award for the 1997 injury, and after the WCAB denied CIGA's petition for reconsideration of that order, CIGA timely filed its petition for review by this court. To carry its burden, CIGA was required to overcome a rebuttable presumption that Carls was ignorant of his compensation rights.
Note:	Claimant's awareness of his right to compensation for a past injury did not necessarily inform him of his potential right to compensation for the subsequent injury.
Citation:	B199404
WCC Citation:	WCC 33792008 CA

Case Name:	CIGA v. WCAB (Oracle)		02/06/2012
Summary:	We affirm the ruling that Pinnacle is not excluded from pursuing the claims against CIGA for two reasons. CIGA sought reconsideration, again contending that a claim asserted by an assignee is not a covered claim. The WCAB opined that CIGA had failed to prove that legal title to the medical providers' claims had been transferred to Pinnacle, and therefore there was no assignment but only a delegation of the task of collection to Pinnacle. Though "liability claim" is not defined by the CIGA statutes, "covered claim" is defined as an obligation of an insolvent insurer. One issue was whether the employee could have made a third party claim against CIGA if the insurer had been a CIGA member.
Note:	A collections service agency acting as a lien representative for three medical service providers can pursue claims against the California Insurance Guarantee Association (CIGA) under Insurance Code Sec. 1063.1(c)(9).
Citation:	B231491
WCC Citation:	WCC 38542012 CA

Case Name:	CIGA v. WCAB (White)		02/27/2006
Summary:	CIGA was created by legislation to establish a fund from which insureds could obtain financial and legal assistance in the event their insurers became insolvent. CIGA's role in guaranteeing workers' compensation claims is therefore limited: [¶] " ' " 'CIGA is not, and was not created to act as, an ordinary insurance company. EDD also contends that CIGA should be estopped from now arguing that Viveros was effectively overruled by Karaiskos because essentially CIGA took a contrary position in its petition for review in Karaiskos. Second, the precise arguments CIGA made in Karaiskos are not germane here as CIGA did not argue that Karaiskos should be decided in its favor because it was different than Viveros. CIGA claimed there was "other insurance," covering the injury, that is, federal Social Security disability insurance and state unemployment compensation insurance.
Note:	State Employment Development Department lien is not a 'covered claim' that CIGA is required to pay.
Citation:	136 Cal. App. 4th 1528
WCC Citation:	WCC 31442006 CA

Case Name:	CIGA v. WCAB; SCIF		07/18/2007
Summary:	Nonetheless, CIGA paid for all the non-permanent disability indemnity benefits, for both injuries, in the sum of $43,505. 53. CIGA seeks full reimbursement of that amount from SCIF. CIGA sought reimbursement from SCIF for the entire sum of the temporary workers' compensation benefits it had paid. CIGA contended that SCIF, a solvent insurer, should reimburse it for the entire $43,505. 53 paid by CIGA because SCIF bears joint and several liability for all of the temporary workers' compensation expenses CIGA incurred. As we shall explain, we annul Board's decision with directions to enter a new and different decision requiring SCIF to reimburse CIGA $43,505. 53 - the entire sum of the temporary benefits paid by CIGA. SCIF argued that CIGA was responsible for the remaining 75 percent of the temporary benefits because CIGA was responsible for the benefits attributable to the specific injury he sustained while SNIC, now insolvent, was on the risk.
Note:	'Cases interpreting [Ins. Code, Section 1063.1, subd. (c)(9)(i)] have established that where an insured has overlapping insurance policies and one insurer becomes insolvent, the other insurer, even if only a secondary or excess insurer, is responsible for paying the claim. In other words, CIGA is an insurer of last resort and does not assume responsibility for claims where there is any other insurance available.'
Citation:	72 CCC 910
WCC Citation:	WCC 32372007 CA

Case Name:	CIGA vs. WCAB; EDD		03/30/2004
Summary:	The Workers' Compensation Appeals Board (the Board) ruled against CIGA, reasoning that reimbursement of the EDD's lien is a payment to the particular disabled worker's account, not to the EDD. After the hearing, the Board ruled the EDD was entitled to reimbursement from CIGA. The logical, inescapable conclusion is that the EDD lien is an obligation to the State and is not a covered claim that CIGA is obligated to pay. Based on these internal procedures, the EDD argued and the Board agreed that "CIGA's duty to reimburse EDD liens . As written, Insurance Code section 1063. 1 does not authorize CIGA to reimburse the EDD for UCD benefits the EDD paid to Karaiskos.
Note:	EDD lien is not a 'covered claim' for purposes of CIGA liability.
Citation:	117 Cal.App.4th 350
WCC Citation:	WCC 29792004 CA

Case Name:	Cisneros v. WCAB		12/19/1995
Summary:	JOSE CISNEROS, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, DANCING STAR RANCH et al. , Respondents. Facts On February 15, 1993, applicant Jose Cisneros injured his spine and back while working as a farm laborer for defendant Dancing Star Ranch, insured by the State Compensation Insurance Fund. The Rehabilitation Unit will determine if vocational rehabilitation services were sufficient or if you are entitled to further services. 'He argued that 'WCAB Rule 10017 only requires that the applicant have a 'change of mind' regarding participating in vocational rehabilitation. 'The administrative director shall prescribe by rule and regulation the form and manner by which an employee may decline participation.
Note:	Where applicant was required to decline rehab. to get benefits of C&R, rehab. may be reopened.
Citation:	41 Cal.App.4th 759, 60 CCC 1144
WCC Citation:	WCC 27421995 CA

Case Name:	Cisneros v. WCAB		12/19/1995
Summary:	JOSE CISNEROS, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, DANCING STAR RANCH et al. , Respondents. Facts On February 15, 1993, applicant Jose Cisneros injured his spine and back while working as a farm laborer for defendant Dancing Star Ranch, insured by the State Compensation Insurance Fund. The Rehabilitation Unit will determine if vocational rehabilitation services were sufficient or if you are entitled to further services. 'He argued that 'WCAB Rule 10017 only requires that the applicant have a 'change of mind' regarding participating in vocational rehabilitation. 'The administrative director shall prescribe by rule and regulation the form and manner by which an employee may decline participation.
Note:	No 'Thomas Finding' required when C&R does not release claims for rehab. benefits.
Citation:	41 Cal.App.4th 759
WCC Citation:	WCC 25281995 CA

Case Name:	Citizens of Humanity v. Applied Underwriters		12/31/1969
Summary:	Filed 11/22/17  CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO .             CITIZENS OF HUMANITY et al. , Plaintiffs and Respondents, .             v. .             APPLIED UNDERWRITERS, INC. , et al. , Defendants and Appellants. .             B276601 .             (Los Angeles County Super. .             Defendants and appellants Applied Underwriters, Inc. (Applied Underwriters), California Insurance Company (CIC), Continental Indemnity Company (CNI), Applied Risk Services, Inc. , Joan Sheppard, Westin Fredrick Penfield, and Michael Scott Wichman (collectively, defendants) appeal from an order denying their petition to compel arbitration of a dispute with plaintiffs and respondents Citizens of Humanity, LLC and CM Laundry, LLC (collectively, plaintiffs). .           The RPA also contains a choice of law provision that states: .           “16. )4 .           Defendants next contend the RPA falls outside the scope of section 25-2602. 01(f) and cite South Jersey Sanitation Co. v. Applied Underwriters Captive Risk Assur.
Note:	The 2nd District Court of Appeal ruled that Applied Underwriters was not entitled to compel arbitration with two disgruntled customers who had purchased its EquityComp insurance program.
Citation:	B276601
WCC Citation:	Los Angeles County Super. Ct. No. BC571913

Case Name:	City and County of San Francisco v. WCAB (Medrano)		12/28/1973
Summary:	CITY AND COUNTY OF SAN FRANCISCO, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, MERIEL L. MEDRANO et al. , Respondents (Opinion by Molinari, P. J. , with Sims and Elkington, JJ. , concurring. )[36 Cal. App. 3d 413] COUNSEL Thomas M. O'Connor, City Attorney, Raymond E. Agosti and Donald J. Garibaldi, Deputy City Attorneys, for Petitioner. An award in the sum of $1,000 was made by respondent board in favor of Mrs. Cyr for such expenses. The board should have properly awarded the burial expenses to the widow subject to a lien in favor of Mrs. Cyr. (See Lyons v. Hoover, supra, 41 Cal. 2d 145, 149; City etc. of S. F. v. Workmen's Comp.
Note:	Non-heir payment of burial costs only entitled to a lien against heir's death benefit.
Citation:	36 Cal.App.3d 412, 39 CCC 52
WCC Citation:	WCC 24711973 CA

Case Name:	City and County of San Francisco v. WCAB (Ogilvie III)		07/29/2011
Summary:	Dennis J. Herrera, City Attorney, Dyana M. Lechuga, Deputy City Attorney, Peter Scherr, Deputy City Attorney, Danny Yeh Chou, Deputy City Attorney, Counsel for City and County of San Francisco. Marks, Counsel for Amicus Curiae California Workers' Compensation Institute on behalf of City and County of San Francisco. Marks, Counsel for Amicus Curiae American Insurance Association on behalf of City and County of San Francisco. Finnegan, Marks, Theofel & Desmond, Ellen Sims Langille, Counsel for Amicus Curiae California Chamber of Commerce on behalf of City and County of San Francisco. FACTUAL AND PROCEDURAL BACKGROUND Injury Ogilvie worked for the City and County of San Francisco (CCSF) as a Muni bus driver for 17 years.
Note:	The California 1st District Court of Appeal's decision on Friday to reverse the Workers' Compensation Appeals Board's ruling in the Ogilvie case offers three methods for applicants to prove that their rating under the 2005 Permanent Disability Rating Schedule is inaccurate.
Citation:	A126427
WCC Citation:	WCC 37892011 CA

Case Name:	City of California City v. WCAB		07/24/1979
Summary:	CITY OF CALIFORNIA CITY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and BOBBY FINKLEA, Respondents. [95 Cal. App. 3d 330] COUNSEL Wayne K. Lemieux, City Attorney, Helm, Budinger & Lemieux, and Jerome M. Budinger for Petitioner. OPINION FRANSON, J. Petitioner, City of California City (hereinafter the City) has sought to have a decision of a Workers' Compensation Appeals Board (hereinafter the Board) vacated. However, the City refused to pay respondent his full salary pursuant to Labor Code section 4850. He demanded his full salary ($1,650 per month) from the City pursuant to section 4850 but the City did not respond.
Note:
Citation:	95 Cal.App.3d 329, 44 CCC 694
WCC Citation:	WCC 26891979 CA

Case Name:	City of Costa Mesa v. McKenzie		02/22/1973
Summary:	CITY OF COSTA MESA, Plaintiff and Appellant, v. ARTHUR R. McKENZIE, Defendant and Respondent (Opinion by Tamura, J. , with Kerrigan, Acting P. J. , and Gabbert, J. , concurring. )This is an action for declaratory relief by the City of Costa Mesa against defendant McKenzie, a retired city employee, for a judicial declaration respecting the city's obligation to pay a disability retirement allowance under city Ordinance No. 64-45. The facts are as follows: Nine years after its incorporation in 1953 as a general law city, Costa Mesa through its city council created an actuarially sound retirement plan for city employees pursuant to Government Code sections 45341-45345. fn. Defendant recommended to the city manager that Costa Mesa adopt a disability plan to bring about the payment of such benefits to its employees. The city determined that he was totally disabled and that the disability was incurred in the line of duty.
Note:	Work comp. benefits are not deducted from disability benefits.
Citation:	30 Cal.App.3d 763
WCC Citation:	WCC 24531973 CA

Case Name:	City of Fresno v. 21st District Agricultural Assn.		02/28/2018
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 FIFTH APPELLATE DISTRICT .             CITY OF FRESNO, Plaintiff and Appellant, .             v. .             21ST DISTRICT AGRICULTURAL ASSOCIATION, Defendant and Respondent. .             F073957 .             (Super. Ct. No. 14CECG02830) .             OPINION .             APPEAL from a judgment of the Superior Court of Fresno County. The City of Fresno (City) entered into a written contract with the 21st District Agricultural Association, Big Fresno Fair (District) whereby the City agreed to provide onsite police protection and law enforcement services to the Big Fresno Fair (contract). .           _____________________ HILL, P. J. .           WE CONCUR: .           _____________________ GOMES, J.
Note:
Citation:	F073957
WCC Citation:	Super. Ct. No. 14CECG02830

Case Name:	City of Fresno v. WCAB		09/25/2008
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT CITY OF FRESNO, Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and LILLIE WILSON, Respondents. The City of Fresno (City) petitions for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB) contending the WCAB applied the incorrect permanent disability rating schedule (PDRS). BACKGROUND Lillie Wilson injured herself lifting a case of bottled water while working for the City on June 25, 2003. The City admitted the accident caused injury to Wilson's lower back, but disputed whether she also injured her spine, lower extremities, right hip, and psyche. Sufficient evidence therefore existed for the WCAB to find a pre-2005 "indication of permanent disability" warranting the use of the 1997 PDRS.
Note:	[Unpublished] Sufficient evidence existed for the WCAB to find a pre-2005 'indication of permanent disability' warranting the use of the 1997 PDRS.
Citation:	F055670
WCC Citation:	WCC 34302008 CA

Case Name:	City of Fresno v. WCAB (O'Brien)		08/26/2011
Summary:	COUNTY OF FRESNO v. WORKERS' COMPENSATION APPEALS BOARD COUNTY OF FRESNO et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and PATRICK O'BRIEN, Respondents. NOT TO BE PUBLISHED IN OFFICIAL REPORTS OPINION THE COURT* The County of Fresno (Fresno)*fn1 petitions for a writ of review from an order of the Workers' Compensation Appeals Board (WCAB). While the WCAB applied a somewhat different analysis here, the Supreme Court has since clarified that neither application of the COLA is correct. BACKGROUND Patrick O'Brien was employed by Fresno as a deputy sheriff when, on April 25, 2003, he was struck by a drunk driver and ejected from his vehicle. *fn3 On June 30, 2010, the WCAB denied reconsideration, adopting and incorporating the WCJ's reasoning as its own.
Note:	The 5th District Court of Appeal remanded a cost-of-living adjustment case back to the Workers' Compensation Appeals Board, in light of the state Supreme Court's recent ruling on the issue.
Citation:	F060628
WCC Citation:	WCC 37962011 CA

Case Name:	City of Jackson v. WCAB (Rice)		04/26/2017
Summary:	Filed 4/26/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) .             CITY OF JACKSON, Petitioner, .             v. .             WORKERS’ COMPENSATION APPEALS BOARD and CHRISTOPHER RICE, Respondents. .             C078706 .             (WCAB No. ADJ8701916) .             ORIGINAL PROCEEDING; petition for writ of review. .             Lenahan, Lee, Slater & Pearse and Charles S. Templeton for Petitioner. .             Mastagni Holstedt, Eric D. Ledger and Edward W. Lester for Respondent Christopher Rice. .           We concur: .           /s/ Hoch, J.
Note:
Citation:	C078706
WCC Citation:	WCAB No. ADJ8701916

Case Name:	City of La Mesa v. California Joint Powers Ins. Authority		07/18/2005
Summary:	CITY OF LA MESA, Plaintiff and Appellant, v. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY, Defendant and Respondent. [131 Cal. App. 4th 68] OPINION JONES, P. J. - City of La Mesa (City) appeals a summary judgment in favor of California Joint Powers Insurance Authority (JPIA) in its action to recover the balance of City's "equity account" held by JPIA. City disputes the enforceability of Article 24(a) of the joint powers agreement, which provides that members' deposits shall not be returned upon withdrawal. 1 BACKGROUND Joint Powers Authority Agreement Since 1949, the Joint Exercise of Powers Act has permitted two or more municipalities to form a joint powers authority which they agree will exercise any power that each municipality has power to exercise individually. JPIA was originally called the Southern California Joint Powers Insurance Authority.
Note:	Government Code section 6512.2, which authorizes contractual limitations onthe return of any surplus deposits, applies retroactively.
Citation:	131 Cal.App.4th 66
WCC Citation:	WCC 31432005 CA

Case Name:	City of LA v. IAC (Fraide)		08/27/1965
Summary:	COUNSEL Roger Arnebergh, City Attorney, Bourke Jones and Edwin F. Shinn, Assistant City Attorneys, and J. David Hanson, Deputy City Attorney, for Petitioner. Since February 1948 the city has paid Fraide a disability pension from the City of Los Angeles Fire and Police Pension Fund. Article XVII of the City of Los Angeles Charter establishes a system of pensions for city firemen and policemen. In that case the commission had granted the city a credit for the disability [63 Cal. 2d 245] pensions paid. 375 [199 P. 508]; Stan v. California Golf Club (1943) 8 Cal. Comp. Cases 209 [wages]; Brooks v. City of Los Angeles 61 L. A. [I. A. C. ] 227-108 [wages required by ordinance]. )
Note:	Employer entitled to no more than a partial credit against its workmen's compensation liability commensurate with the proportion of its tax payments to the fund.
Citation:	63 Cal.2d 242, 30 CCC 243
WCC Citation:	WCC 24501965 CA

Case Name:	City of LA vs. IAC (Clark)		04/19/1963
Summary:	CITY OF LOS ANGELES, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, WILLIAM A. CLARK et al. , Respondents. COUNSEL Roger Arnebergh, City Attorney, Bourke Jones, Edwin F. Shinn, Assistant City Attorneys, and J. David Hanson, Deputy City Attorney, for Petitioner. The charges were for X-rays, examination and report and are not contested by Clark or the city. He was not brought in as a witness by means of the subpoena issued at the instance of the city. To be sure, the city owed him no more than the customary witness fee, but he was not claiming that the city owed him anything.
Note:	Physician testimony at hearing is a medical-legal expense above witness fee.
Citation:	215 Cal.App.2d 310, 28 CCC 94
WCC Citation:	WCC 3691963 CA

Case Name:	City of Laguna Beach v. CIGA		03/03/2010
Summary:	We therefore conclude that the trial court properly invoked the Denny's rule when it granted summary judgment and concluded that the appellant City of Laguna Beach (City) cannot obtain reimbursement from respondent California Insurance Guarantee Association (CIGA) under section 1063. 1, subdivision (c)(13). In addition, because Reliance was insolvent, the City sought reimbursement from CIGA. The City's action The City sued CIGA and Continental and requested a declaration that they owe the City reimbursement. Finally, the City contends that CIGA failed to meet its burden of proof. We agree that the initial burden of proof rested on CIGA, not the City.
Note:	CIGA need not reimburse a permissibly self-insured employer for benefits paid to an employee for cumulative injury if the employer's liability is based in part on a period of time when the employer was self-insured and chose not to buy excess insurance for the particular risk.
Citation:	B214027
WCC Citation:	WCC 36062010 CA

Case Name:	City of Long Beach vs. WCAB (Garcia)		01/31/2005
Summary:	City of Long Beach v. Workers' Compensation Appeals Board, No. B173437 (Cal. App. Dist. 2 01/31/2005) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE No. B173437 January 31, 2005 CITY OF LONG BEACH, PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD AND DAVE A. GARCIA, RESPONDENTS. CERTIFIED FOR PUBLICATION INTRODUCTION Dave A. Garcia, a police officer employed by petitioner the City of Long Beach (the City), contracted kidney cancer during his employment. Garcia's Claim and Hearing Before the WCJ Garcia became employed as a police officer for the City on February 12, 1991. On January 20, 2002, while still employed by the City as a police officer, 35-year-old Garcia was diagnosed with kidney cancer. The WCAB denied reconsideration, citing the WCAB's en banc decision in Faust v. City of San Diego (2003) 68 Cal. Comp. Cases 1822.
Note:	A mere showing of absence of medical evidence is insufficient to rebut the peace officer's cancer presumption.
Citation:	126 Cal. App. 4th 298
WCC Citation:	WCC 30752005 CA

Case Name:	City of Los Angeles v. WCAB		10/25/2007
Summary:	Rockard J. Delgadillo, City Attorney, Valentin F. Dinu, Managing Attorney, Karl L. Moody, Deputy City Attorney, for Petitioner. Jose had received the bonus since his employment with City began in 1985 and he had maintained his CPA license for years before he was hired by City. Some of the training offered by City may have been credited toward a CPA license, but City did not offer sufficient classes for CPA licensure. c. Personal Self-improvement In a similar situation, City of Los Angeles v. Workers' Comp. (City of Los Angeles, at pp.
Note:	The commercial traveler doctrine and the special mission exception were incorrectly applied by the lower court in finding that the decedent's death was in the course of his employment and so, the decision is reversed.
Citation:	157 Cal. App. 4th 78
WCC Citation:	WCC 32712007 CA

Case Name:	City of Los Angeles v. WCAB (State of California Death Without Dependents Unit)		11/12/2009
Summary:	Vanessa L. Holton, Chief Counsel, and Steven A. McGinty, Assistant Chief Counsel, Department of Industrial Relations for State of California Death Without Dependents Unit. The City filed an answer disputing the DWD Unit's claim because it was paying a death benefit to Foster's mother. Immediately thereafter, the City filed a petition to terminate liability for death benefits to the estate and to dismiss Gloria Foster's claim. By this time the City had paid $104,208 in death benefits to the Estate of Jaime Foster. The defendant in this matter paid benefits pursuant to a valid and existing law passed by the State of California.
Note:	The escheat of a death benefit to the state after partial payment to the estate of a deceased worker--in effect, the award of two death benefits for a single death--is inconsistent with the governing statutes and the legislative policy they implement.
Citation:	B211331
WCC Citation:	WCC 35762009 CA

Case Name:	City of Los Angeles v. Wendy Greuel as City Controller		10/03/2011
Summary:	CITY OF LOS ANGELES, Plaintiff and Respondent, v. WENDY GREUEL, as City Controller, etc. , Defendant and Appellant. Carmen A. Trutanich, City Attorney, Claudia McGee Henry, Senior Assistant City Attorney and Gerald M. Sato, Deputy City Attorney, for Plaintiff and Respondent. This appeal concerns a dispute that arose between plaintiff City of Los Angeles (the City), and defendant Los Angeles City Controller Wendy Greuel (the Controller). The Controller sought to audit the City Attorney's workers' compensation program to determine the efficiency and effectiveness of the City Attorney's management and oversight of claims. The City Attorney's office, under former City Attorney Rockard Delgadillo, filed suit to prevent the audit based on the argument that the Controller had no authority under the City Charter to audit the office of any elected official.
Note:	A dispute over the Los Angeles City controller's authority to audit the elected city attorney's management of workers' compensation claims became moot when the newly elected city attorney decided to cooperate with the review.
Citation:	B221912
WCC Citation:	WCC 38082011 CA

Case Name:	City of Los Angeles v. Workers' Compensation Appeals Board and Alex Johnson		01/07/2009
Summary:	[U] City of Los Angeles v. Workers' Compensation Appeals Board, No. B204479 (Cal. App. Dist. 2 01/07/2009) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE No. B204479 . CA. 0000097 January 7, 2009 CITY OF LOS ANGELES, PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD AND ALEX JOHNSON, RESPONDENTS. The City of Los Angeles (City) petitions for a writ of review of a decision by the Workers' Compensation Appeals Board (WCAB). The City employed respondent Alex Johnson, who sustained several injuries at work and received workers' compensation awards for permanent disability. BACKGROUND Alex Johnson sustained various industrial injuries while working as a sanitation truck operator for the City for over 20 years. Johnson and the City stipulated to a workers' compensation award of 44 percent permanent disability.
Note:	The City of Los Angeles should have been given an opportunity to demonstrate evidence of increased disability caused by a degenerative disease for the purpose of apportionment after the award of permanent disability benefits after a former city worker reopened a claim involving multiple injuries.
Citation:	B204479
WCC Citation:	WCC 34732009 CA

Case Name:	City of Moorpark v. Superior Ct. of Ventura Co.		08/17/1998
Summary:	City of Moorpark v. Superior Court (1998) , 18 Cal. 4th 1143 [No. S057121. CITY OF MOORPARK et al. , Petitioners, v. THE SUPERIOR COURT OF VENTURA COUNTY, Respondent; THERESA L. DILLON, Real Party in Interest. (Superior Court of Ventura County, No. CIV152607, Joe D. Hadden, Judge. )COUNSEL Cheryl J. Kane, City Attorney, Burke, Williams & Sorensen, Harold A. Bridges and Heather C. Beatty for Petitioners. Factual and Procedural Background Theresa L. Dillon's complaint alleges that the City of Moorpark employed her as an administrative secretary from May 1990 until February 28, 1994.
Note:	132a is not the exclusive remedy for disability discrimination.
Citation:	18 Cal.4th 1143, 63 CCC 944
WCC Citation:	WCC 3841998 CA

Case Name:	City of Oakland v. WCAB		04/08/1969
Summary:	CITY OF OAKLAND, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, MARYON BERNARDINI et al. , Respondents. The Charter of the City of Oakland (including  249(2)) was enacted under the authority of article XI, section 8 of the California Constitution. Dante Bernardini, a fireman employed by the City of Oakland, died June 10, 1967, as a result of a duty-incurred injury. Under the City of Oakland Charter Mrs. Bernardini is entitled to, and we may infer, receiving, a monthly retirement allowance. At the appeals board hearings the City of Oakland did not expressly state the reasons for its opposition to the award.
Note:	Widow's
Citation:	271 Cal.App.2d 555
WCC Citation:	WCC 25851969 CA

Case Name:	City of Oakland v. WCAB		04/08/1969
Summary:	CITY OF OAKLAND, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, MARYON BERNARDINI et al. , Respondents. The Charter of the City of Oakland (including § 249(2)) was enacted under the authority of article XI, section 8 of the California Constitution. Dante Bernardini, a fireman employed by the City of Oakland, died June 10, 1967, as a result of a duty-incurred injury. Under the City of Oakland Charter Mrs. Bernardini is entitled to, and we may infer, receiving, a monthly retirement allowance. At the appeals board hearings the City of Oakland did not expressly state the reasons for its opposition to the award.
Note:	Widow's
Citation:	271 Cal.App.2d 555, 34 CCC 222
WCC Citation:	WCC 25911969 CA

Case Name:	City of Oakland vs. WCAB (Gullet)		06/11/2002
Summary:	CITY OF OAKLAND, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and DAVID GULLET, Respondents. 1 The City of Oakland (Oakland) challenges a Workers' Compensation Appeals Board (Board) decision awarding temporary and permanent psychiatric disability payments to David Gullet (Gullet), a supervising employee demoted during a citywide reduction in force. We conclude the Board erred by applying an incorrect standard in evaluating the conduct and in concluding Oakland did not meet its burden of demonstrating good faith. The record notes that "[t]he appointment of Robert Bobb as City Manager and the subsequent election of Mayor Jerry Brown combined to create [99 Cal. App. 4th 264] budgetary pressures on all City departments. "The WCJ concluded, however, that Oakland did not carry its burden of proving its personnel actions were in good faith.
Note:	Demotion is 'good faith personnel action' within meaning of 3208.3.
Citation:	99 CA4th 261
WCC Citation:	WCC 28962002 CA

Case Name:	City of Palo Alto v. I.A.C.		02/16/1965
Summary:	CITY OF PALO ALTO, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION and RODERICK FLETCHER GAUDIN, Respondents. COUNSEL Robert E. Michalski, City Attorney and James A. Hildebrand, Assistant City Attorney, for Petitioner. OPINION SIMS, J. Petitioner City of Palo Alto as employer by its petition for writ of review seeks an order annulling, vacating and setting aside an order of the respondent Industrial Accident [232 Cal. App. 2d 306] Commission which awarded permanent disability payments to respondent Gaudin as an employee of the city. In City of Palo Alto v. Industrial Acc. (City of Palo Alto v. Industrial Acc.
Note:	Officer allowed a leave of absence with full salary in lieu of TD payments for 1 yr.
Citation:	232 Cal.App.2d 305, 30 CCC 67
WCC Citation:	WCC 27041965 CA

Case Name:	City of Petaluma v. WCAB (Lindh)		12/08/2018
Summary:	Filed 12/10/18 CERTIFIED FOR PUBLICATION  IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE .             CITY OF PETALUMA et al. , Petitioners, .             v. .             THE WORKERS’ COMPENSATION APPEALS BOARD OF THE STATE OF CALIFORNIA and AARON LINDH, Respondents. .           “A: No. .           “Q: Is it possible that he could have gone his entire life without losing vision?.           We concur: .           _________________________ Humes, P. J. .           _________________________ Margulies, J. .           A153811; City of Petaluma et al. v. Workers’ Compensation Appeals Board .           Trial Judge: Hon. Jason E. Schaumberg .           Counsel: .           Mullen & Filippi, LLP, William E. Davis for Petitioner City of Petaluma.
Note:
Citation:	A153811
WCC Citation:	A153811

Case Name:	City of Pismo Beach v. WCAB (Williams)		10/27/1994
Summary:	City of Pismo Beach, Permissibly Self-Insured, Petitioner v. Workers' Compensation Appeals Board, Melissa Williams, Respondents. The Notice of Claim was served on defendant City of Pismo Beach. Shortly thereafter, applicant moved from Pismo Beach to Long Beach, California. On December 15, 1993, defendant filed an Application for Adjudication of Claim in the Grover City office of the WCAB, objecting to applicant's choice of venue. Subsequently, applicant filed an amended consent letter and Information Request Form, allowing her attorneys to file the case in the Santa Monica WCAB office (Los Angeles County).
Note:	Proper to change venue - both his residence and attorney's place of business located in county.
Citation:	59 CCC 925
WCC Citation:	WCC 25461994 CA

Case Name:	City of Pomona v. Heiselt		10/19/2012
Summary:	CITY OF POMONA v. HEISELT THE CITY OF POMONA, Plaintiff and Respondent, v. LEONARD HEISELT, Defendant and Appellant. INTRODUCTION Defendant and appellant Leonard Heiselt appeals from an order granting a permanent injunction pursuant to Code of Civil Procedure, section 527. 8*fn1 . S. Johnson testified that she went to the restroom, and when she exited it she saw City of Pomona Police Department Officer Brian Hagerty, assigned to plaintiff's crime prevention unit, in the hallway. Millard submitted a declaration in support of the injunction stating that defendant went into the human resources department in City Hall "unannounced and without any scheduled appointment. "There is evidence that multiple employees expressed concern that defendant would return to City Hall, armed, and seek to injure them.
Note:	The California 2nd District Court of Appeals on Friday upheld a permanent injunction that bars a former Pomona police officer with a history of angry confrontations with workers' compensation claims managers from possessing firearms and visiting City Hall.
Citation:	B234603
WCC Citation:	WCC 39482012 CA

Case Name:	City of Richmond v. Comm. on State Mandates		05/28/1998
Summary:	CITY OF RICHMOND, Plaintiff and Appellant, v. COMMISSION ON STATE MANDATES, Defendant and Respondent; DEPARTMENT OF FINANCE, Real Party in Interest and Respondent. Dwight L. Herr, County Counsel (Santa Cruz), Ronald R. Ball, City Attorney (Carlsbad), Michael G. Colantuono, City Attorney (Cudahay), William B. Conners, City Attorney (Monterey), Jonathan B. In 1992, David Haynes, a police officer for the City of Richmond (Richmond), was killed in the line of duty. Richmond filed a test claim with the Commission on State Mandates (the Commission), contending chapter 478 created a state-mandated local cost. It reads, 'if the Commission on State Mandates determines that this act contains costs mandated by the state, .
Note:	Provides a coordination or offset for workers' comp. death benefits when benefit under PERS is payable.
Citation:	64 Cal.App.4th 1190, 63 CCC 733
WCC Citation:	WCC 24651998 CA

Case Name:	City of San Diego v. WCAB, Molnar		06/20/2001
Summary:	CITY OF SAN DIEGO, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and STEPHEN E. MOLNAR, Respondents. COUNSEL Casey Gwinn, City Attorney, Anita M. Noone, Assistant City Attorney, and Robert J. Mulcahy, Deputy, for Petitioner. Thereafter, Molnar submitted a claim for workers' compensation benefits to his employer, the City of San Diego (the City), which is self-insured for workers' compensation purposes. The City denied the claim on the ground that the going and coming rule applied to preclude recovery for his injuries. Pursuant to one such policy and a memorandum of understanding between the San Diego Police Officers Association and the San Diego Police Department, Molnar received overtime compensation for testifying on an off-duty day.
Note:	Police officer commuting to testify precluded by 'going and coming' rule.
Citation:	89 Cal.App.4th 1385
WCC Citation:	WCC 28542001 CA

Case Name:	City of Santa Ana v. WCAB		04/22/2008
Summary:	Filed 4/22/08 City of Santa Ana v. WCAB (Smith) CA4/2 NOT TO BE PUBLISHED IN 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). IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO CITY OF SANTA ANA, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and DONALD K. SMITH, Respondent. Defendant City of Santa Ana (City) seeks review of an order of the Workers' Compensation Appeals Board (WCAB or Board) denying reconsideration of the award to Donald K. Smith (applicant). FACTS Applicant is a 69-year-old retired firefighter who worked for City from 1968 to December 19, 1989, his last day on the job. Accordingly we find that City did establish the statute of limitations defense with regard to applicant's skin cancer claim.
Note:	[Unpublished] Because applicant was not diagnosed with having any heart condition until 2003, his claim filed a few months thereafter is not time barred under Labor Code sections 5404 and 5412.
Citation:	E043714
WCC Citation:	WCC 33482008 CA

Case Name:	City of Santa Ana v. WCAB		01/25/1982
Summary:	CITY OF SANTA ANA, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and THOMAS E. TAYLOR, Respondents. OPINION KAUFMAN, J. Petitioner, City of Santa Ana (city), seeks review and annullment of orders of the Workers' Compensation Appeals Board (Board) that, in effect, award respondent Thomas E. Taylor (applicant) permanent disability benefits on a disability rating of 56 percent based upon its determination that the applicant is limited to 'light work. 'The applicant was employed as a police officer by the city which is legally uninsured. Industrial injury was admitted by the city in respect to one of the claims and disputed in the other. It is little wonder that the WCAB trial judge did not submit rating instructions based on a 'light work' restriction.
Note:	On review, test of substantiality must be based on entire record, not isolated evidence.
Citation:	128 Cal.App.3d 212, 47 CCC 59
WCC Citation:	WCC 26121982 CA

Case Name:	City of Sebastopol v. WCAB (Braga)		08/28/2012
Summary:	CITY OF SEBASTOPOL v. WORKERS' COMPENSATION APPEALS BOARD CITY OF SEBASTOPOL, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and WILLIAM BRAGA, Respondents. City contends, regardless of the fact Braga lost no time from work, section 4658(d)(3)(A) entitled City to decrease his permanent disability indemnity (PDI) by 15 percent because City made him a timely return to work offer. Comp. P. D. LEXIS 9 (Audiss), the WCAB adopted the position urged by City. City filed a timely petition for review of the WCAB decision. City also argues that the WCAB's interpretation of section 4658(d)(A)(3) penalizes City for accommodating Braga in order to keep him on the job.
Note:	A Northern California city was not entitled to benefit from the Labor Code's 'bump-up, bump-down' incentive for employers to return injured employees to work when the applicant missed no time on the job.
Citation:	A134803
WCC Citation:	WCC 39262012 CA

Case Name:	City of South Pasadena v. Public Employment Relations Board (Snider)		02/26/2021
Summary:
Note:	A California appellate court upheld an administrative determination that a municipal employer retaliated against a firefighter for engaging in protected union activities but that he had also misused his leave time.
Citation:	B304596
WCC Citation:	B304596