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Case Law Library

Case Name: American Home Assurance v. WCAB (Wuertz) 09/11/2009
Summary: IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT AMERICAN HOME ASSURANCE, Petitioners, v. WORKERS COMPENSATION APPEALS BOARD and DONALD WUERTZ, Respondents. Mullen & Fulippi, LLP, Bruce K. Wade for Petitioner, American Home Assurance. -ooOoo- American Home Assurance (AHA) petitions this court for a writ or review on behalf of its insured, RR Donnelley, from a decision of the Workers Compensation Appeals Board (WCAB). Safety meetings, meanwhile, occur during regularly scheduled shifts and no one is called in to the worksite from home. The WCAB summarily denied the petition for reconsideration, adopting and incorporating the WCJs report and recommendation.
Note: A worker who was injured while riding his motorcycle to a rare work-related meeting on his day off was performing a 'special mission' at the time, and is entitled to compensation for his injuries.
Citation: F057906
WCC Citation: WCC 35662009 CA
Case Name: American Medical Response v. WCAB (Westerman) 04/24/2012
Summary: AMERICAN MEDICAL RESPONSE v. WORKERS' COMPENSATION APPEALS BOARD AMERICAN MEDICAL RESPONSE et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and RONALD WESTERMAN, Respondents. Petitioners American Medical Response and Ace American Insurance Company sought reconsideration, principally on the basis that Westerman did not undergo a critical diagnostic test. FACTS Respondent Westerman was employed as a paramedic by petitioner American Medical Response. According to his wife, Westerman gained weight while employed by American Medical Response. The WCJ's report stated: "In addition, the medical reporting itself does not require reasonable medical certainty as the defendant states here. "
Note: Substantial evidence existed to prove that a stroke which rendered a 50-year-old paramedic permanently and totally disabled arose out of and in the course of employment, even though the applicant had allegedly refused to undergo a medical test that might have disproved his treating physician's causation theory.
Citation: B235468
WCC Citation: WCC 38882012 CA
Case Name: American Modern Home Ins. Co. v. Fahmian, et al. 04/08/2011
Summary: Fahmian tendered the matter to his homeowners insurance company, American Modern Home Insurance Company (American Modern), which accepted the defense of the personal injury lawsuit, subject to a reservation of rights. The jury also found that Fahmian did not have sufficient time to make a reasoned reply to American Modern. American Modern did not receive any communication from Fahmian or any attorney purporting to represent him after July 5. Did American Modern expressly notify Sohail Fahmian of American Modern's intent to accept the settlement offer made on behalf of Mr. Rudy Montoya?Co. (1977) 66 Cal. App. 3d 981, 994); because American Modern Home did not give Fahmian a reasonable amount of time to decide, Fahmian is not liable to American Modern Home. "
Note: A homeowners insurance company is entitled to a $300,000 reimbursement from an insured employer after proving that its policy excluded any coverage for his private business.
Citation: G042799
WCC Citation: WCC 37422011 CA
Case Name: American Safety Casualty Ins. Co. v. Mothershead 05/12/2009
Summary: Respondent American Safety Casualty Insurance Company (American Safety) filed an action to recover workers' compensation benefits it had paid to Reynoso. Prior to trial, appellants served Code of Civil Procedure section 9981 offers to compromise on both Reynoso and American Safety. The sole issue on appeal is the validity of appellants' offers to compromise made to Reynoso and American Safety. Briskin, Latzanich & Pene, Katherine B. Pene for Plaintiff and Respondent American Safety Casualty Insurance Company and for Intervener and Respondent Salvador Reynoso. The offer was served February 11, 2005 and read, "To Plaintiff, American Safety Casualty Insurance Company and its attorneys of record: [¶] Defendants/Cross-Complainants/Cross-Defendants Terease Mothershead and John Mothershead offer to compromise in the above-entitled action filed by Plaintiff, American Safety Casualty Insurance Company, pursuant to Section 998 of the California Code of Civil Procedure, in exchange for a waiver of costs.
Note: [Unpublished] Two plaintiffs who did not accept pretrial settlement offers are not liable for a defendant's expert witness fees, because the offers were unclear and conditional.
Citation: B206494
WCC Citation: WCC 35212009 CA
Case Name: Amerigas Propane, LP v. Landstar Ranger, Inc. 05/18/2010
Summary: Introduction Defendant and cross-complainant Amerigas Propane, L. P. (Amerigas) appeals summary judgment entered on Amerigas's cross-complaint, in favor of cross-defendant Landstar Ranger, Inc. (Landstar). This action arises from Amerigas contracting with motor carrier, Landstar Ranger, Inc. (Landstar), for the transportation of 30 Amerigas propane tanks. King leased to Landstar a tractor and "drop-deck" trailer, referred to as a flatbed trailer, he had recently obtained for hauling loads for Landstar. Amerigas seeks to recover, based on comparative fault, a portion of what Amerigas paid to settle the Kings's underlying lawsuit. Amerigas alleges it is entitled to equitable indemnity from Landstar for a portion of the settlement proceeds, based on Landstar being partially at fault for King's injuries.
Note: A trial court should not have granted a defendant's motion for summary judgment because a factual question existed about whether an injured trucker was an employee, and whether a company owed him a duty as an independent contractor.
Citation: E048536
WCC Citation: WCC 36232010 CA
Case Name: Amico vs. WCAB 12/02/1974
Summary: SAM AMICO, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, LEUNING CONSTRUCTION COMPANY et al. , Respondents (Opinion by Sims, Acting P. J. , with Elkington, J. , and Bray, J. , concurring. )'As a general rule, the board "must accept as true the intended meaning of [evidence] both uncontradicted and unimpeached. "A second report made after a review of medical reports and files, without reexamination of petitioner, on May 15, 1973, states: "The history I obtained from Mr. Amico indicates that he was never symptom-free following this original laminectomy. These X-rays were later referred to by Dr. Cappeller as follows: "Lumbar Spine dated 3-30-72 -- There are five lumbar bodies. There was also presumably an injury to the right knee, and he developed a hernia in the right inguinal region.
Note: Prior rating or award does not necessarily evidence prior level of disability.
WCC Citation: WCC 30271974 CA
Case Name: An Independent Home Support Service, Inc. v. Superior Court of San Diego, State Compensation Insurance Fund 12/21/2006
Summary: Filed 12/21/06 CERTIFIED FOR PUBLICATION COURT OF APPEAL - FOURTH APPELLATE DISTRICT, DIVISION ONE, STATE OF CALIFORNIA AN INDEPENDENT HOME SUPPORT SERVICE, INC. , Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; STATE COMPENSATION INSURANCE FUND, Real Party in Interest. AIHSS obtained workers' compensation insurance from State Fund on behalf of the two office workers. State Fund denied the appeal, finding that the domestic workers were considered employees of AIHSS for workers' compensation purposes. We conclude that compliance with the requirements of section 1812. 5095 does exempt AIHSS from maintaining workers' compensation insurance for its domestic workers. We conclude that the plain language of section 1812. 5095 demonstrates that it was intended to apply to workers' compensation insurance, not, as State Fund asserts and the court found, only unemployment insurance.
Note: A referral agency that provides domestic workers to individuals and entities is deemed not to be the employers, for the purposes of workers' compensation, of the domestic workers they refer.
Citation: 145 Cal. App. 4th 1418
WCC Citation: WCC 32002006 CA
Case Name: Andersen v. Workers' Compensation Appeals Board 04/19/2007
Summary: Filed 4/19/07 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX d Civil No. B191064 (W. C. A. B. No. GOL 0093796) JOHN ANDERSEN, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, CITY OF SANTA BARBARA et al. , Respondents. Proceeding to review a decision of the Workers' Compensation Appeals Board. No appearance for Respondents Workers' Compensation Appeals Board and JT2 Integrated Resources. He also argued that the Workers' Compensation Appeals Board (Board) improperly applied the apportionment provisions of Senate Bill No. 899 (2003-2004 Reg. Statutory Interpretation We independently interpret workers' compensation statutes to ascertain the intent of the Legislature and effectuate the purpose of the workers' compensation scheme.
Note: Employer violated section 132a by requiring claimant to use his earned vacation time rather than sick leave to attend medical appointments to care for his industrial injuries.
Citation: 149 Cal. App. 4th 1369, 72 CCC 389
WCC Citation: WCC 32172007 CA
Case Name: Anderson v. Catholic Healthcare West 04/11/2013
Summary: ANDERSON v. CATHOLIC HEALTHCARE WEST JANET ANDERSON, Plaintiff and Appellant, v. CATHOLIC HEALTHCARE WEST, Defendant and Respondent. This opinion has not been certified for publication or ordered published for purposes of rule 8. 115 MARGULIES, Acting P. J. Janet Anderson appeals from a judgment after a court trial in favor of her former employer, Catholic Healthcare West (CHW) doing business as Mercy Medical Center (Mercy). The subject of alternative positions in the OR was discussed with Anderson, including an open position as a circulating nurse. Anderson discussed the latex allergy with her supervisor at the outpatient surgery center who then designated one of the rooms as a latex-free area for Anderson to perform many of her duties. Due to fears of latex exposure, Anderson turned down a number of positions in the healthcare field.
Note: A hospital made reasonable efforts to accommodate a nurse with a severe latex allergy and its decision to fire her when a suitable modified duty position could not be found did not violate the Fair Employment and Housing Act.
Citation: A127934
WCC Citation: WCC 40022013 CA
Case Name: Anderson v. Denham Contracting 03/30/2009
Summary: Filed 3/30/09 Anderson v. Denham Contracting CA1/2 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 FIRST APPELLATE DISTRICT DIVISION THREE D. CRAIG ANDERSON, Plaintiff and Appellant, v. DENHAM CONTRACTING, INC. , Defendant and Respondent. His workers' compensation claim and personal injury claims against other subcontractors have been resolved, but he now appeals from a summary judgment dismissing his negligence complaint against an additional subcontractor on the job, defendant Denham Contracting, Inc. (Denham). Plaintiff filed a complaint for negligence*fn1 against Denham, alleging that Denham was responsible for safety conditions at the location where plaintiff fell and/or [was] responsible for creating the hole and unsafe condition which caused plaintiff to fall and be injured. According to the trial court, The work performed on the roof by Denham was to build a parapet wall around the perimeter of the building.
Note: [Unpublished] A subcontractor did not owe a project foreman a duty of care to prevent him from falling through a hole in the roof.
Citation: A119834
WCC Citation: WCC 35092009 CA
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