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MahlerKyle

04/01/2008
common sense and justice and to avoid an absurd result. California 26 27 Horse Racing Bdt v. Workers' Comp. Appeals Bd. 2007 153 Cal. App. 4th 1169 72 Cal. Comp. Cases 903 at 908. In this -case it would be unreasonable and even absurd to construe section 5 MAHLER Kyle 1 2 3 4 5 6 7 8 9

Category: Panel

Gund v. County of Trinity

12/18/2020
; fall within the scope of “active law enforcement” under that statute. Id. at pp. 4 8 13. Pension statutes are not necessarily coextensive with workers’ compensation law. Riverside supra at p. 12; see also California Horse Racing Board v. Workers’ Compensation Appeals Bd

Category: Cases

Valencia Carlos Deceased

01/01/2024
California Horse Racing Bd. v. Workers Comp. Appeals Bd. Snezek 2007 153 Cal.App.4th 1169 72 Cal.Comp.Cases 903 the court refused to apply the section 3212.5 heart trouble presumption to an inspector employed by the California Horse Racing Board who argued that his duties were analogous to a

Category: Panel

Zalma's Insurance Fraud Letter

06/16/2007
when they were hurt. An injured grandmother lost her horse farm when her comp checks stopped coming; she had to sleep in her truck outside a convenience store for weeks. King meanwhile drove a Mercedes and 50000 Hummer and bought a 37000 diamond ring for his wife. Miralink collapsed in 2002

Category: Industry Insights

Hobbs v. Marin county Employees Retirement Assn.

12/17/2020
. "Reviewing courts interpret statutes de novo . . . ." California Horse Racing Bd. v. Workers' Comp. Appeals Bd. 2007 153 Cal.App.4th 1169 1174. Settled rules of statutory construction guide our review. " 'The " 'fundamental purpose of statutory construction is to ascertain the intent of the lawmakers so

Category: Cases

Loranger v. Jones

12/17/2020
reject them as forfeited for failure to be properly briefed. Opdyk v. California Horse Racing Bd. 1995 34 Cal.App.4th 1826 1830-1831 fn. 4; see People v. Harper 2000 82 Cal.App.4th 1413 1419 fn. 4. To the extent any of the arguments in their reply brief raise separate issues we do not find

Category: Cases

Loranger v. Jones

12/17/2020
have not identified we reject them as forfeited for failure to be properly briefed. Opdyk v. California Horse Racing Bd. 1995 34 Cal.App.4th 1826 1830-1831 fn. 4; see People v. Harper 2000 82 Cal.App.4th 1413 1419 fn. 4. To the extent any of the arguments in their reply brief raise separate

Category: Cases

Seabright Ins. Co. v. WCAB (Fitzpatrick)

12/17/2020
headings or subheadings are forfeited. Cal. Rules of Court rule 8.204a1B; Opdyk v. California Horse Racing Bd. 1995 34 Cal.App.4th 1826 1830-1831 fn. 4. In any event applicant does not explain why an opinion based on the collective expertise of the state's raters cannot constitute substantial

Category: Cases

Supervalu v. Wexford Underwriting Managers

12/17/2020
cross-complaint its separate statement or its evidence. The absence of record citations undermines Supervalu's attack. "Statements of fact contained in . . . briefs which are not supported by the evidence in the record must be disregarded. Citations." Tisher v. California Horse Racing Bd

Category: Cases

Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County Part 1/3

12/18/2020
to be employees in Tieberg supra 2 Cal.3d at pages 949-955 television writers and Isenberg supra 30 Cal.2d at pages 39-41 horse racing jockeys and independent contractors in Perguica supra 29 Cal.2d at pages 860-862 lather hired by farmer to work on newly constructed house and Empire

Category: Cases

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