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Case Law Library - CA

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  • Case name:
    Allied Waste Industries, et al. v. WCAB (Rojas)
    Date:
    12/06/2010
    Note:
    A claimant's cost-of-living adjustments should not begin until the January 1 following his date of injury.
    Citation:
    C064914
    WCC citation:
    WCC 36872010 CA
  • Case name:
    Almaraz vs. Environmental Recovery Services (SCIF); Guzman vs. Milpitas Unified School Dist (Keenan)
    Date:
    02/03/2009
    Note:
    (1) the AMA Guides portion of the 2005 Schedule is rebuttable; (2) the AMA Guides portion of the 2005 Schedule is rebutted by showing that an impairment rating based on the AMA Guides would result in a permanent disability award that would be inequitable, disproportionate, and not a fair and accurate measure of the employees permanent disability; and (3) when an impairment rating based on the AMA Guides has been rebutted, the WCAB may make an impairment determination that considers medical opinions that are not based or are only partially based on the AMA Guides.
    Citation:
    ADJ1078163 (BAK 0145426); ADJ3341185 (SJO 0254688)
    WCC citation:
    WCC 34892009 CA
  • Case name:
    Allied Interstate, Inc. v. Sessions Payroll Management, Inc.
    Date:
    02/16/2012
    Note:
    State Compensation Insurance Fund properly applied a 121% experience modifier to a Burbank payroll company that serves the movie industry.
    Citation:
    B226134
    WCC citation:
    WCC 38592012 CA
  • Case name:
    Andrade v. City of Milpitas
    Date:
    01/04/2013
    Note:
    A municipal employer who allowed an employee to miss more than one out of every 10 days of work over a two-year period because of her fibromyalgia and made arrangements for her to work from home, made sufficient accommodation for the worker's disabilities.
    Citation:
    H037124
    WCC citation:
    WCC 39702013 CA
  • Case name:
    Anderson v. Denham Contracting
    Date:
    03/30/2009
    Note:
    [Unpublished] A subcontractor did not owe a project foreman a duty of care to prevent him from falling through a hole in the roof.
    Citation:
    A119834
    WCC citation:
    WCC 35092009 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:
    Aguilar v. Heiman
    Date:
    05/29/2009
    Note:
    Claim is barred by the one-year statute of limitations under Code of Civil Procedure former section 340, subdivision (3) and the equitable tolling doctrine does not apply where original claim is not timely filed.
    Citation:
    B206790
    WCC citation:
    WCC 35272009 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:
    Alberda v. Board of Retirement of Fresno County Employees' Retirement Assoc.
    Date:
    02/20/2013
    Note:
    A Fresno County deputy sheriff is getting a second chance at proving his entitlement to a service-connected disability retirement since the trial judge who upheld the administrative denial of his application applied the wrong standard of review to the Fresno County Employees' Retirement Association's decision.
    Citation:
    F064017
    WCC citation:
    WCC 39882013 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

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