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Case Law Library - CA

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  • Case name:
    E & J Gallo Winery v. WCAB
    Date:
    05/20/2010
    Note:
    [Unpublished] Having found the record inadequate, the WCAB appropriately exercised its power to defer making a permanent disability award and seek additional medical evidence.
    Citation:
    F058643
    WCC citation:
    WCC 36282010 CA
  • Case name:
    E&J Gallo Winery v. WCAB (Dykes)
    Date:
    12/20/2005
    Note:
    Employee sustaining multiple disabling injuries while working for the same selfinsured employer is entitled to compensation for the total disability above any percentage of permanent disability previously awarded.
    Citation:
    134 Cal. App. 4th 1536
    WCC citation:
    WCC 31342005 CA
  • Case name:
    Early Calif. Foods v. WCAB
    Date:
    02/21/1991
    Note:
    Issues not raised in defendant's Answer may be deemed waived.
    Citation:
    56 CCC 137
    WCC citation:
    WCC 3541991 CA
  • Case name:
    Eby v. Idustrial Accident Comm'n
    Date:
    11/20/2011
    Note:
    Evidence supports determination that injury was not in course and scope of employment despite presence of tools in employee's car.
    Citation:
    75 Cal.App. 280
    WCC citation:
    WCC 30442025 CA
  • Case name:
    Edgar v. WCAB
    Date:
    11/28/1966
    Note:
    Applicant has right to produce evidence to explain or rebut medical reports.
    Citation:
    246 Cal.App.2d 660
    WCC citation:
    WCC 25771966 CA
  • Case name:
    Edgar v. WCAB (CHP)
    Date:
    06/24/1998
    Note:
    Full leave of absence salary for 1 yr. was not in lieu of vocational rehabilation.
    Citation:
    65 Cal.App.4th 1, 63 CCC 703
    WCC citation:
    WCC 26731998 CA
  • Case name:
    Edward Carey Construction Co. v. State Fund
    Date:
    03/25/2011
    Note:
    A corporation may sue State Fund for a bad faith denial of benefits, despite the fact that the alleged bad faith damages arose from a claim filed by the employee/owner of the corporation.
    Citation:
    A128047
    WCC citation:
    WCC 37372011 CA
  • Case name:
    Elayne Valdez v. Warehouse Demo Services
    Date:
    04/20/2011
    Note:
    California workers' compensation judges may not admit as evidence reports from doctors who are not a part of the employer's medical provider network if that MPN was validly established and properly noticed.
    Citation:
    ADJ7048296
    WCC citation:
    WCC 37512011 CA
  • Case name:
    Eliapo v. SCI California Funeral Services
    Date:
    07/17/2009
    Note:
    [Unpublished] Since plaintiff obtained no recovery in this case, the trial court had discretion to award expert fees as allowed under Code of Civil Procedure section 998.
    Citation:
    H031761
    WCC citation:
    WCC 35442009 CA
  • Case name:
    Elijahjuan et al. v. the Superior Court of Los Angeles County
    Date:
    10/17/2012
    Note:
    A trial court judge erred in directing a dispute between four workers and their employer based on their alleged misclassification as independent contractors to arbitration, since the terms of the agreement that some of the workers had signed only compelled arbitration for disputes regarding the application or interpretation of that agreement.
    Citation:
    B234794
    WCC citation:
    WCC 39432012 CA
  • Case name:
    Elliot v. WCAB
    Date:
    02/25/2010
    Note:
    The spinal surgery second opinion process commences after utilization review has denied the requested spinal surgery.
    Citation:
    A125585
    WCC citation:
    WCC 36022010 CA
  • Case name:
    Elliot vs. WCAB
    Date:
    12/17/1987
    Note:
    Board should give consideration to the worker's acutal earnings from all sources of employment.
    Citation:
    196 CA 3d 1497
    WCC citation:
    WCC 29891987 CA
  • Case name:
    Elsner v. Uveges
    Date:
    02/07/2003
    Note:
    CalOSHA standards, regs, citations not admissable in employee third party suit.
    Citation:
    106 Cal.App.4th 73
    WCC citation:
    WCC 29152003 CA
  • Case name:
    Emmer v. Adobe Systems, Inc.
    Date:
    12/28/2007
    Note:
    [Unpublished] It is the gravamen of the plaintiff's cause of action that determines whether the anti-SLAPP statute applies, and when the allegations referring to arguably protected activity are only incidental to a cause of action based essentially on nonprotected activity, collateral allusions to protected activity should not subject the cause of action to the anti-SLAPP statute.
    Citation:
    H030685
    WCC citation:
    WCC 32952007 CA
  • Case name:
    Empl. Mut. Liab. Ins. Co. of WI v WCAB
    Date:
    02/28/1975
    Note:
    Provides guidance for awarding attorney's fees in appellate proceedings.
    Citation:
    46 CA 3d 104, 40 CCC 820
    WCC citation:
    WCC 26341975 CA
  • Case name:
    Employers Compensation Insurance Co. v. Designer Studio Inc. unpublished
    Date:
    02/16/2021
    Note:
    A California appellate court ruled that an employer was entitled to have its default set aside in a breach-of-contract dispute with its workers’ compensation insurance carrier.
    Citation:
    No. D076293
    WCC citation:
    No. D076293
  • Case name:
    Employers Liability Assurance Corp. v. Indust. Acc. Comm'n
    Date:
    03/01/1940
    Note:
    Evidence supports determination that live-in employee was sustained in course and scope of employment.
    Citation:
    37 Cal.App.2d 567
    WCC citation:
    WCC 30581940 CA
  • Case name:
    Energetic Painting and Drywall Inc. v. WCAB
    Date:
    07/24/2007
    Note:
    Under Labor Code section 4061, an employer must give the notice required by that statute to the injured worker 'together with the last payment of temporary disability indemnity,' and the employer is 'not required' to provide that notice until the last temporary disability payment is made or has become due.
    Citation:
    153 Cal. App. 4th 633; 63 Cal. Rptr. 3d 210, 72 CC
    WCC citation:
    WCC 32382007 CA
  • Case name:
    Energy Insurance Mutual Limited v. Ace American Insurance Company Part 1/2
    Date:
    08/10/2017
    Note:
    The 1st District Court of Appeal this week ordered publication of its decision finding that Ace American Insurance Co. did not owe coverage for an insured’s alleged negligence that led to a fatal pipeline explosion.
    Citation:
    A140656
    WCC citation:
    Contra Costa County Super. Ct. No. MSC11-0060
  • Case name:
    Energy Insurance Mutual Limited v. Ace Insurance Company Part 2/2
    Date:
    08/10/2017
    Note:
    The 1st District Court of Appeal this week ordered publication of its decision finding that Ace American Insurance Co. did not owe coverage for an insured’s alleged negligence that led to a fatal pipeline explosion.
    Citation:
    A140656
    WCC citation:
    Contra Costa County Super. Ct. No. MSC11-0060

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