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Case Law Library - CA

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  • Case name:
    Pendergrass v. Duggan Plumbing and State Compensation Insurance Fund
    Date:
    01/24/2007
    Note:
    Defendants' duty to provide the notice required by section 4061 arose when the first payment of temporary disability indemnity was made, therefore the 1997 Schedule applies to calculate applicant's permanent disability.
    Citation:
    72 CCC 95
    WCC citation:
    WCC 32062007 CA
  • Case name:
    Pennington v. WCAB
    Date:
    09/17/1971
    Note:
    Sheriff's TD credited against PD was wrong, 4850 doesn't deny rights of 4661.
    Citation:
    20 Cal.App.3d 55
    WCC citation:
    WCC 25431971 CA
  • Case name:
    Penny v. WCAB
    Date:
    07/12/1983
    Note:
    Unreasonable to require defs. to pay applicant depo. fees if depo. is deceitful, fraudulent.
    Citation:
    48 CCC 468
    WCC citation:
    WCC 3741983 CA
  • Case name:
    People ex rel Monterey Mushrooms, Inc. v. Thompson
    Date:
    01/04/2006
    Note:
    Civil action allowed for workers' compensation fraud.
    Citation:
    136 Cal. App. 4th 24
    WCC citation:
    WCC 31382006 CA
  • Case name:
    People of the State of California v. Culpepper
    Date:
    04/30/2018
    Note:
    Exclusive remedy doesn’t prevent an insurance carrier from proceeding with a suit against a former professional football player who appeared on the television show 'Survivor" after settling his workers’ compensation claim for fraud, the U.S. 9th Circuit Court of Appeals ruled.
    Citation:
    No. 16-56639
    WCC citation:
    D.C. No. 8:16-cv-01555-CJC-JCG
  • Case name:
    People v. Alvarez
    Date:
    02/11/2010
    Note:
    A note from a juror complaining about fellow jurors did not warrant a hearing about any potential misconduct as the jury convicted a construction worker of six counts of workers' compensation fraud.
    Citation:
    D053339
    WCC citation:
    WCC 35972010 CA
  • Case name:
    People v. Amin
    Date:
    10/30/2000
    Note:
    WCAB has no exclusive jurisdiction over restitution in fraud cases; civ. ct. jurisdiction may override (spec. in Insur. Code).
    Citation:
    85 Cal.App.4th 58
    WCC citation:
    WCC 4012000 CA
  • Case name:
    People v. Blick
    Date:
    07/24/2007
    Note:
    In order to violate subsection (b)(3) of Insurance Code section 550, a person, in addition to concealing or knowingly failing to disclose, must intend to obtain benefits to which they would not be entitled if they had made the disclosure. In short, the person must intend to commit a fraud.
    Citation:
    153 Cal. App. 4th 759; 63 Cal. Rptr. 3d 260
    WCC citation:
    WCC 32402007 CA
  • Case name:
    People v. Boulware
    Date:
    04/10/2008
    Note:
    [Unpublished] After the appellant has obtained an order for a new trial, a trial court is limited to imposing a sentence no greater than that originally imposed. Thus, the trial court here was unhampered during resentencing by its former choice of middle-term punishment for the insurance fraud.
    Citation:
    B199914
    WCC citation:
    WCC 33402008 CA
  • Case name:
    People v. Chavez
    Date:
    04/02/2008
    Note:
    [Unpublished] Appointed counsel has filed an opening brief that states the case and facts but raises no issues. The court notified defendant of his right to submit written argument in his own behalf within 30 days. That period has elapsed and the court received no response from defendant. There is no triable issue on appeal.
    Citation:
    H031813
    WCC citation:
    WCC 33362008 CA
  • Case name:
    People v. DiGiorgio
    Date:
    10/20/2009
    Note:
    [Unpblished] Police officer's conviction for insurance fraud upheld.
    Citation:
    G041559
    WCC citation:
    WCC 35732009 CA
  • Case name:
    People v. Diop
    Date:
    03/08/2021
    Note:
    Citation:
    E073789
    WCC citation:
    E073789
  • Case name:
    People v. Galante
    Date:
    02/04/2008
    Note:
    [Unpublished] Appellant failed to establish the relevance of testimony from his proffered medical experts. The court's exclusion of irrelevant evidence did not violate appellant's right to present a defense.
    Citation:
    B190373
    WCC citation:
    WCC 33132008 CA
  • Case name:
    People v. Grigsby
    Date:
    02/27/2008
    Note:
    [Unpublished] Because the prison was not a direct victim of the defendant and so not entitled to restitution, the restitution order should be modified to change the payee to the injured prison guard.
    Citation:
    A116118
    WCC citation:
    WCC 33232008 CA
  • Case name:
    People v. Groce
    Date:
    08/31/2010
    Note:
    Excluded evidence that an employer failed to provide workers' compensation insurance would not likely change the outcome in the trial of a man accused of forging company checks which he claimed were advances for medical treatment, a California appeals court held.
    Citation:
    D055456
    WCC citation:
    WCC 36622010 CA
  • Case name:
    People v. Hammond
    Date:
    10/11/2012
    Note:
    A California appellate court upheld a former bank employee's conviction for workers' compensation insurance fraud based on her testimony that she was unable to drive; a claim which was belied by surveillance video taken just days before the hearing at which she made this assertion.
    Citation:
    B231927
    WCC citation:
    WCC 39402012 CA
  • Case name:
    People v. Henderson
    Date:
    10/15/2010
    Note:
    A trucker must repay a carrier $64,645 in benefits after a private investigator videotaped him regularly shooting jump shots and practicing lay-ups at the local gym.
    Citation:
    D055580
    WCC citation:
    WCC 36802010 CA
  • Case name:
    People v. Hernandez
    Date:
    01/11/2018
    Note:
    A California appellate court upheld a worker’s conviction and sentence for insurance fraud and attempted perjury after he lied about needing a cane because of a plethora of alleged on-the-job injuries.
    Citation:
    B279922
    WCC citation:
    Los Angeles County Super. Ct. No. BA435685
  • Case name:
    People v. Javed
    Date:
    12/27/2011
    Note:
    A malingering applicant should not have to repay all of the benefits received as criminal restitution, because she only started misrepresenting the extent of her symptoms after suffering a compensable injury.
    Citation:
    C064881
    WCC citation:
    WCC 38372011 CA
  • Case name:
    People v. Jay Bryan Waterman
    Date:
    02/18/2010
    Note:
    Videos and other evidence provided sufficient evidence to support a trial court's conviction of an injured worker on several fraud charges.
    Citation:
    D053479
    WCC citation:
    WCC 35982010 CA

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