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Case Law Library - CA

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  • Case name:
    WCAB v. Small Claims Court
    Date:
    11/29/1973
    Note:
    Small claims court had no jurisdiction to hear case regarding expert witness and attorney fees from WC claim.
    Citation:
    35 Cal.App.3d 643
    WCC citation:
    WCC 27481973 CA
  • Case name:
    Wagner vs. Allied Signal
    Date:
    04/20/2001
    Note:
    Duty to provide claim form when reasonable certainty of claim of industrial injury.
    Citation:
    66 CCC 483 (En Banc)
    WCC citation:
    WCC 29012001 CA
  • Case name:
    Wal-Mart Stores, Inc. v. WCAB (Garcia)
    Date:
    10/30/2003
    Note:
    Psychiatric injury arising out of physical injury is governed by LC 3208.3 limitations.
    Citation:
    112 Cal.App.4th 1435
    WCC citation:
    WCC 29602003 CA
  • Case name:
    Wall Units, Inc. v. SCIF
    Date:
    06/09/2008
    Note:
    [Unpublished] The trial court used proper legal criteria and assumptions in denying class certification when it focused on the absence of 'common questions of law or fact.'
    Citation:
    B200331
    WCC citation:
    WCC 33822008 CA
  • Case name:
    Waqia v. City of Oakland
    Date:
    11/28/2007
    Note:
    [Unpublished] Although the statutory burden to accommodate rests with the employer, an employee cannot shirk his duties to try to accommodate himself or to cooperate with his employer in reaching an accommodation by a mere recalcitrant citation of religious precepts.
    Citation:
    A114704
    WCC citation:
    WCC 32822007 CA
  • Case name:
    Ward v. City of Desert Hot Springs
    Date:
    09/25/2006
    Note:
    For claimed injuries occurring on or after 1/1/05, where claimant represented by an attorney, correct med-legal procedure for compensability is 4062.2 only; reports under 4064(d) are inadmissable.
    Citation:
    71 CCC 1313
    WCC citation:
    WCC 31842006 CA
  • Case name:
    Warner v. WCAB
    Date:
    12/27/2011
    Note:
    A firefighter's decision to help his wife trim the wisteria in front of their Catalina Island home was incidentally related to his job because island residents would occasionally go to his home for emergency help.
    Citation:
    B232190
    WCC citation:
    WCC 38382011 CA
  • Case name:
    Waste Management vs. Superior Court
    Date:
    06/01/2004
    Note:
    Parent not liable to employee of subsidiary for injury/death where parent lacked control.
    Citation:
    119 Cal. App. 4th 105; 13 Cal. Rptr. 3d 910
    WCC citation:
    WCC 29862004 CA
  • Case name:
    Watters Associates v. Superior Court
    Date:
    02/25/1991
    Note:
    Temp agency exempted from liability for damages recovered by employee.
    Citation:
    227 Cal.App.3d 1341
    WCC citation:
    WCC 23951991 CA
  • Case name:
    Wayne Lewis v. Workers' Compensation Appeals Board
    Date:
    11/21/2008
    Note:
    A physician's report stating that an applicant cannot return to his regular job duties and may need vocational rehabilitation indicates the existence of permanent disability and triggers use of the 1997 Permanent Disability Rating Schedule instead of the version adopted in 2005.
    Citation:
    C057392
    WCC citation:
    WCC 34642008 CA
  • Case name:
    Wayne Oberreuter et al v. Traylor Brothers
    Date:
    05/05/2011
    Note:
    California's common law Hooker/Privette doctrine barred an subcontractor's employee from suing a general contractor.
    Citation:
    D056637
    WCC citation:
    WCC 37602011 CA
  • Case name:
    Webb v. San Luis Obispo Community College Dist.
    Date:
    12/10/2007
    Note:
    [Unpublished] A plaintiff may not sue for damages based on violation of the privacy clause of article I, section 1 of the California Constitution.
    Citation:
    B195886
    WCC citation:
    WCC 32872007 CA
  • Case name:
    Webb v. WCAB
    Date:
    12/22/1980
    Note:
    Employer has duty to give notice to the Rehab. Bureau of EE's right to rehab.
    Citation:
    28 Cal.3d 621
    WCC citation:
    WCC 28041980 CA
  • Case name:
    Weber v. UPS
    Date:
    04/03/2003
    Note:
    No civil liability of employer for injuries from failure to diagnose condition that should have been detected on required med exam.
    Citation:
    107 Cal.App.4th 801, 132 Cal.Rptr.2d 412
    WCC citation:
    WCC 29262003 CA
  • Case name:
    Webinger v. WCAB
    Date:
    11/21/1975
    Note:
    S.I.F. was entitled to a credit for payments for a non-service connected disability which pre-existed injury.
    Citation:
    40 CCC 714
    WCC citation:
    WCC 25181975 CA
  • Case name:
    Weerasinghe v. Gates, McDonald and Co.
    Date:
    05/14/2010
    Note:
    A former claims examiner did not have enough evidence to substantiate a variety of retaliation, discrimination, and wrongful termination claims after her employer fired her for poor performance.
    Citation:
    A124847
    WCC citation:
    WCC 36242010 CA
  • Case name:
    Weiner v. Ralphs Co., et al. (Order Denying Reconsideration)
    Date:
    08/17/2009
    Note:
    The WCAB determined that the applicant's right to retroactive vocational rehabilitation maintenance allowance never vested. The WCAB also explained that it lacks the authority to declarea statute unconstitutional.
    Citation:
    ADJ347040
    WCC citation:
    WCC 35542009 CA
  • Case name:
    Weiner v. Ralphs Company
    Date:
    06/11/2009
    Note:
    [En Banc] The repeal of section 139.5 terminated any rights to vocational rehabilitation benefits or services pursuant to orders or awards that were not final before January 1, 2009, including those pending on or after that date, and effective January 1, 2009, the WCAB lost jurisdiction over non-vested and inchoate vocational rehabilitation claims, but the WCAB continues to have jurisdiction under sections 5502(b)(3) and 5803 to enforce or terminate vested rights.
    Citation:
    ADJ347040
    WCC citation:
    WCC 35332009 CA
  • Case name:
    Weinstein v. St. Mary's Med. Cntr.
    Date:
    10/30/1997
    Note:
    Exclusive remedy only applies when duty arises from employment relationship.
    Citation:
    58 Cal.App.4th 1223
    WCC citation:
    WCC 24181997 CA
  • Case name:
    Weisdorf-Mahserjian v. Serco, Inc.
    Date:
    03/06/2009
    Note:
    A trial court correctly awarded one-fourth of a plaintiff's request for attorney fees in a Fair Employment and Housing Act suit because she only prevailed on one of her five causes of action.
    Citation:
    B206243
    WCC citation:
    WCC 35032009 CA

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