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Case Law Library - CA

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  • Case name:
    Dorman v. Dept. of Justice
    Date:
    10/23/2008
    Note:
    [Unpublished] A simple pleading of personnel management activity is insufficient to support a claim of intentional infliction of emotional distress, even if improper motivation is alleged. If personnel management decisions are improperly motivated, the remedy is a suit against the employer for discrimination.
    Citation:
    B204217
    WCC citation:
    WCC 34382008 CA
  • Case name:
    Doty Bros. Equipment Co. v. Palp, Inc.
    Date:
    09/20/2010
    Note:
    A general contractor for a Los Angeles roadway improvement contract cannot recoup its settlement with a subcontractor's employee from the subcontractor, because the general contractor did not pursue a breach of contract claim against the subcontractor.
    Citation:
    B219706
    WCC citation:
    WCC 36712010 CA
  • Case name:
    Douglas Ross Construction, Inc. v. Narver Insurance Agency
    Date:
    10/31/2011
    Note:
    A general contractor has no cause of action against an insurance broker who sold one of its subcontractors a policy that did not cover a workplace injury to an employee of his subcontractor's subcontractor, the California 6th District Court of Appeals ruled.
    Citation:
    H036119
    WCC citation:
    WCC 38182011 CA
  • Case name:
    Draper v. Aceto
    Date:
    11/01/2001
    Note:
    Subrogation: contingency fee attorney gets nothing if net result to client is zero.
    Citation:
    26 Cal.4th 1086, 66 CCC 1297
    WCC citation:
    WCC 28242001 CA
  • Case name:
    Drasin & Assoc. v. WCAB
    Date:
    02/28/1992
    Note:
    WCAB should request counsel for info to determine fee if record lacks basis to value services.
    Citation:
    3 Cal.App.4th 1564, 57 CCC 142
    WCC citation:
    WCC 26841992 CA
  • Case name:
    Draus v. WCAB
    Date:
    02/21/1995
    Note:
    Lien claimant's failure to timely object to C&R clause settling lien does not waive right to hearing when clause is ambiguous.
    Citation:
    60 CCC 79
    WCC citation:
    WCC 27511995 CA
  • Case name:
    DuBois v. WCAB
    Date:
    06/28/1993
    Note:
    UEF not liable for penalties from unreasonable delay in payment of award.
    Citation:
    5 Cal.4th 382, 58 CCC 286
    WCC citation:
    WCC 24391993 CA
  • Case name:
    DuFour v. WCAB
    Date:
    08/09/2007
    Note:
    [Unpublished] The WCAB properly declined to presume [decedent's] death arose out of and in the course of his employment.
    Citation:
    F052954
    WCC citation:
    WCC 32472007 CA
  • Case name:
    Duenas v. WCAB
    Date:
    08/19/2010
    Note:
    A homeowner who hired a landscaper to replant some flower beds at his home was not an employer for workers' compensation purposes because there was no evidence the applicant had worked long enough to waive the statutory exclusion for casual labor.
    Citation:
    B215894
    WCC citation:
    WCC 36582010 CA
  • Case name:
    Duffy v. Technicolor Entertainment Services
    Date:
    01/29/2009
    Note:
    Exclusive remedy does not apply to an employer that failed to protect a supervisor from an off-premises assault by a workplace bully.
    Citation:
    B196126
    WCC citation:
    WCC 34862009 CA

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