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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ11237829
Regular
Apr 22, 2019

JOE HOWARD vs. SUNCHEMICAL CORPORATION, NATIONAL UNION FIRE INSURANCE Administered by BROADSPIRE

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, adopting the workers' compensation judge's (WCJ) report. While the Board clarified that equitable estoppel does not require an element of specific "intent" to deceive, agreeing with *Honeywell* that negligence can suffice, the applicant failed to establish detrimental reliance. Therefore, the petition was denied.

WCABSun Chemical CorporationNational Union Fire InsuranceBroadspirePetition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeEquitable EstoppelHoneywell v. Workers' Comp. Appeals Bd.City of Long Beach v. Mansell
References
6
Case No. MON 0328875
Regular
Apr 29, 2008

LUIS I. MORA vs. COUNTY OF LOS ANGELES, CAMBRIDGE INTEGRATED SERVICES (Adjusting Agent)

The Workers' Compensation Appeals Board granted reconsideration to allow the defendant credit for temporary disability overpayments against permanent disability indemnity. The Board found that the overpayment resulted from a delayed medical report, not employer fault, and the credit was not significantly detrimental to the applicant. Consequently, the defendant is now entitled to offset the temporary disability overpayment from the permanent disability award.

Temporary disability overpaymentPermanent disability indemnityCredit for overpaymentLabor Code Section 4909Substantial evidenceMaximum recoveryResidual impairmentWage replacementEquitable estoppelAgreed Medical Evaluator
References
13
Case No. SRO 0141142
Regular
Jun 04, 2008

JEANNIE HINCHCLIFF, vs. SUTTER LAKESIDE HOSPITAL; SUTTER HEALTH

In this workers' compensation case, the defendant hospital and health system is estopped from asserting the Labor Code section 4656 cap on temporary disability payments. The Board affirmed the WCJ's decision, finding the defendant led the applicant, a registered nurse, to believe temporary disability benefits would continue after her knee replacement surgery. Applicant relied on this representation to her detriment, undergoing surgery and extending her period of disability.

Workers' Compensation Appeals BoardSutter Lakeside HospitalSutter Healthindustrial injuryregistered nursetemporary total disabilityLabor Code section 4656estoppelequitable estoppelFindings & Award
References
3
Case No. ADJ8014573
Regular
Nov 30, 2015

TAYLOR THOMPSON vs. LITTLE CAESARS, STAR INSURANCE COMPANY

This case involves a defendant's attempt to vacate an order closing discovery and setting a trial date after a mandatory settlement conference. The defendant argued for reconsideration or removal, citing the need for further medical discovery and alleged detrimental reliance on the applicant's declaration of readiness to proceed. The Board dismissed the reconsideration request, deeming the order non-final and thus not subject to it. Removal was denied as the defendant failed to demonstrate significant prejudice or irreparable harm.

RemovalReconsiderationMandatory Settlement ConferenceDeclaration of Readiness to ProceedPanel Qualified Medical EvaluatorQME Supplemental ReportClosing DiscoveryPetition for RemovalNon-final OrderSignificant Prejudice
References
10
Case No. ADJ7724328
Regular
Mar 12, 2013

KENTON NAIRNE vs. ROBERT McPEAK, FOREMOST INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, overturning a prior finding that the applicant sustained an industrial injury. The Board found the applicant's claim was barred by the statute of limitations, as the application was filed more than one year after the date of injury. The Board determined that the applicant's retention of a personal injury attorney negated any claim of detrimental reliance on the employer's insurer's potentially erroneous advice. Therefore, the Board ordered that the applicant take nothing on his claim.

WCABReconsiderationEstoppelStatute of LimitationsLabor Code Section 5405Industrial InjuryHome Care ProviderDWC-1 Claim FormDenial of ClaimPersonal Injury Attorney
References
8
Case No. ADJ8550333
Regular
May 15, 2015

STEPHEN MARTIN BLOXHAM vs. LITHIA FORD MAZDA SUZUKI, HARTFORD ACCIDENT & INDEMNITY, ESIS

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration. The Board affirmed the finding that a car salesman's injuries from a car accident while purchasing cigarettes on a paid, employer-authorized break arose out of and occurred in the course of employment. This falls under the personal comfort doctrine, an exception to the going and coming rule, and the employer's encouragement of "prospecting" at the store further supported coverage. The Board rejected the defendant's argument that smoking's health detriments should disqualify it from the personal comfort doctrine.

Petition for ReconsiderationFindings of FactOrderOpinion on DecisionAOE/COEgoing and coming rulepersonal comfort doctrinepaid breakemployer's permissionprospecting
References
1
Case No. ADJ9145716
Regular
Jun 19, 2014

FARZANEH FOROUGHI vs. COUNTY OF SAN BERNARDINO; DEPARTMENT OF RISK MANAGEMENT

The Workers' Compensation Appeals Board granted the applicant's petition for removal, overturning a prior order that compelled her deposition and denied her protective order. The applicant, claiming psychiatric injury, had a previous deposition terminated due to severe distress upon the appearance of her supervisor, Axel Colin. A psychiatrist opined that Colin's presence would be detrimental to her mental health. The Board found that Colin's exclusion was warranted under Code of Civil Procedure section 2025.420 to protect the applicant from oppression.

Petition for RemovalProtective OrderAbuse of DiscretionIndustrial InjuryPsyche InjuryEmployer RepresentativeDepositionOppressionExclusion of WitnessMedical Information Disclosure
References
0
Case No. MISSING
Regular Panel Decision

In re the Claim of Khan

The case concerns an appeal from a decision by the Unemployment Insurance Appeal Board, which disqualified a claimant from receiving unemployment insurance benefits due to misconduct. The claimant, a security guard, was terminated after making threatening statements to a client's building manager who had requested his reassignment. The appellate court affirmed the Board's decision, ruling that threatening a supervisor and engaging in conduct detrimental to the employer's interests constitute disqualifying misconduct. The court found substantial evidence in the record to support the Board's determination.

Security Guard MisconductThreatening StatementsUnemployment Benefits DisqualificationEmployer Interest DetrimentAppellate ReviewBoard Decision AffirmationEmployee TerminationWorkplace Conduct
References
3
Case No. ADJ6744369
Regular
Jul 08, 2010

MIKE SANDOVAL vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE COMPANY

This case involves an applicant alleging a violation of Labor Code section 132a for termination following a back injury. While the applicant demonstrated detriment from termination and an industrial injury, the Appeals Board overturned the finding of a 132a violation. The employer terminated the applicant due to a sincere belief he obtained temporary alternate work (TAW) under false pretenses, not solely because of his injury. Therefore, the applicant is not entitled to reinstatement or increased benefits under section 132a, though temporary disability benefits are awarded.

Labor Code Section 132aDiscriminationIndustrial InjuryReconsiderationPrima Facie CaseDisparate TreatmentBusiness RealitiesTemporary Alternate Work (TAW)Theft of WagesFalsification of Claim
References
6
Case No. MISSING
Regular Panel Decision

In re the Claim of Tandon

The claimant appealed a decision from the Unemployment Insurance Appeal Board, which had disqualified him from receiving unemployment insurance benefits due to employment termination caused by misconduct. The record supported the finding that the claimant's discharge stemmed from misconduct, specifically his unauthorized reading of a memorandum regarding his job performance, despite prior warnings about using co-workers' property without permission. The court found that these actions were not inadvertent and were detrimental to the employer's interest. Consequently, the Board's decision was affirmed without costs.

Unemployment InsuranceMisconductJob PerformanceUnauthorized Use of PropertyEmployment TerminationAppeal BoardBenefits DisqualificationAppellate DecisionWorkplace RulesEmployee Conduct
References
1
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