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Case Law Library - CA

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  • Case name:
    21st Century Insurance Company v. The Superior Court Of San Diego County
    Date:
    08/24/2009
    Note:
    In cases like this, where the insured does not dispute that the settlement adequately compensated her damages, a pro rata apportionment requires the insurer to account for its fair share of the attorney fees by reducing the amount of reimbursement to cover some portion of those fees.
    Citation:
    S154790
    WCC citation:
    WCC 35582009 CA
  • Case name:
    99 Cents Only Stores v. WCAB
    Date:
    05/03/2000
    Note:
    Non-attorney, hearing rep.'s fee of $163/hour deemed excessive.
    Citation:
    80 Cal.App.4th 644
    WCC citation:
    WCC 26002000 CA
  • Case name:
    A.M. v. Albertsons, LLC.
    Date:
    10/15/2009
    Note:
    Under the FEHA, the failure to accommodate and the failure to engage in the interactive process in determining a reasonable accommodation for a known physical disability are separate claims. Once a reasonable accommodation has been granted, the employer has a duty to provide that accommodation. Failure to do so, even on a single occasion, can support a cause of action for damages sustained by the failure as this is in line with the intent of the FEHA and the public policies behind the provision.
    Citation:
    A122307
    WCC citation:
    WCC 35722009 CA
  • Case name:
    Abdelrahim v. Guardsmark LLC
    Date:
    11/17/2009
    Note:
    In regards to negligence claims. No civil action will stand where a claimant alleges facts that place the claim squarely within the purview of workers' compensation statutes, and fails to allege facts negating the exclusivity rule.
    Citation:
    B207270
    WCC citation:
    WCC 35792009 CA
  • Case name:
    Abney vs. Aera Energy; Liberty Mutual
    Date:
    12/08/2004
    Note:
    5814, as amended, applies to acts prior to effective date if adjudicated after.
    Citation:
    69 CCC (2004); En Banc
    WCC citation:
    WCC 30662004 CA
  • Case name:
    Abraham vs. WCAB (City of Buena Park)
    Date:
    12/01/2003
    Note:
    WCAB ruling on PERS disability issue does not alter limitation to bring action within 5 years from date of injury.
    Citation:
    113 Cal.App.4th 1082
    WCC citation:
    WCC 29592003 CA
  • Case name:
    Abratte v. WCAB; Co. of Los Angeles
    Date:
    07/11/2000
    Note:
    Public agencies subject to 132a; covers employment benefits.
    Citation:
    65 CCC 790-NOT PUBLISHED
    WCC citation:
    WCC 28132000 CA
  • Case name:
    Ackerman v. Poway Unified School District
    Date:
    11/05/2009
    Note:
    [Unpublished] The equitable tolling doctrine does not allow Plaintiff to forego a timely filing of a court action or other proceeding to seek formal redress of injury, within the statutory periods set by the Act.
    Citation:
    D054529
    WCC citation:
    WCC 35752009 CA
  • Case name:
    Acosta v. Sacramento County Employees' Retirement System
    Date:
    02/19/2010
    Note:
    A public health aide is not entitled to service-connected disability benefits because she has not reached maximum medical improvement.
    Citation:
    C061089
    WCC citation:
    WCC 35992010 CA
  • Case name:
    Adams v. Sutter North Medical Foundation
    Date:
    10/02/2007
    Note:
    [Unpublished] An inability to work with one's supervisor does not establish the requisite limitation on the major life activity of employment necessary to constitute an actionable disability under FEHA.
    Citation:
    C052407
    WCC citation:
    WCC 32642007 CA

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