Notable Cases

These Notable Cases are those that Edward Singer and the Law Offices of Edward J. Singer, APLC, have litigated various issues that have been reported in Workers’ Compensation Law.    The cases listed below are those which have been appealed to either the Workers’ Compensation Appeals Board in San Francisco, the California Court of Appeal or the California Supreme Court.

A number of these cases have been cited as legal authority, reported in scholarly works such as Sullivan on Comp, the California Workers’ Compensation Reporter, and commented upon in LexisNexis Workers’ Compensation enewsletter.  Some of these cases have been used for training attorneys at the State Compensation Insurance Fund.  Some of these cases have been used for risk management training in Superior Court.

While our offices take pride in assisting individual clients, we also take pride in shaping workers’ compensation  case law to benefit all injured workers.

Megan Prell, Applicant v. Cedar Fair, L.P. dba as Knott’s Berry Farm, ACE American Insurance Company, administered by Sedgwick Management Services, Inc., Defendants, 2016 Cal. Wrk. Comp. P.D. LEXIS 570 (Issue:

WCAB rescinded WCJ’s finding that applicant suffered 2 percent permanent disability as result of industrial injury to her left shoulder while employed as performer/greeter/park character on 9/17/2013, and found permanent disability in accordance with panel qualified medical evaluator Jasper Mann, M.D.’s finding of 15 percent whole person impairment, when WCAB found that Dr. Mann’s opinion was sufficient to rebut strict AMA Guides rating under Almaraz v. Environmental Recovery Services/Guzman v. Milpitas Unified School District (2009) 74 Cal. Comp. Cases 1084 (Appeals Board en banc opinion), aff’d sub nom. Milpitas Unified School Dist. v. W.C.A.B. (Guzman) (2010) 187 Cal. App. 4th 808, 115 Cal. Rptr. 3d 112, 75 Cal. Comp. Cases 837)

Hector E. Hernandez (Deceased), Geana Hernandez (Widow), Applicant v. City of Los Angeles, PSI, Defendant, 2009 Cal. Wrk. Comp. P.D. LEXIS 585, Opinion Filed November 17, 2009; Hector E. Hernandez (Deceased), Geana Hernandez (Widow), Applicant v. City of Los Angeles, PSI, Defendants, 2009 Cal. Wrk. Comp. P.D. LEXIS 520, Opinion Filed October 5, 2009  (Issue: Retroactive Application of Death Benefit Statute for Disabled Minor)

Frank Jones (Deceased), Applicant v. CDCR Kern Valley State Prison, Defendant, 2014 Cal. Wrk. Comp. P.D. LEXIS 461, Opinion Filed September 18, 2014 (Issue: Minor’s eligibility for Workers’ Compensation Death Benefits when Widow elects CALPERS special death benefit)

Laura Lindquist, Applicant v. Superior Court of California, County of Orange, Corvel Corporation, Defendants, 2011 Cal. Wrk. Comp. P.D. LEXIS 379, Opinion Filed July 19, 2011 (Issue: Application of 1997 PDRS when Applicant had three level fusion)

A.D. v. Burke Williams Day Spa, CNA, Defendants, 2007 Cal. Wrk. Comp. P.D. LEXIS 136, Opinion Filed October 15, 2007 (Issue: Sudden and Extraordinary condition of employment when there was a collision at work)

Gregory Martinez, Applicant v. City of Anaheim, PSI, Defendant, 2010 Cal. Wrk. Comp. P.D. LEXIS 244, Opinion Filed June 30, 2010 (Issue: Entitlement to TTD when Applicant retired but continued to perform self-employment)

Alfredo Casillas, Applicant v. Ralphs Grocery Company, PSI, Sedgwick Claims Management Services, Adjusting Agent, Defendants, 2009 Cal. Wrk. Comp. P.D. LEXIS 617, Opinion Filed December 2, 2009 (Issue: Whether Defendant could take credit for overpayment of TTD when Applicant did not cause the overpayment)

Noelle Ewing, Applicant v. Entertainment Partners, CNA Claims Plus, Defendants, 2008 Cal. Wrk. Comp. P.D. LEXIS 825, Opinion Filed September 26, 2008 (Issue: How is 6 months employment calculated for purposes of psychiatric claims)

Lee Patrick, Applicant v. Marina City Club, State Compensation Insurance Fund, Defendants, 2010 Cal. Wrk. Comp. P.D. LEXIS 19, Opinion Filed January 5, 2010 (Issue: Whether an injury be caused by Insurance Company misconduct during litigation)

Vicente Oseguera, Applicant v. Wide Awake Developers, State Compensation Insurance Fund, Defendants, 2011 Cal. Wrk. Comp. P.D. LEXIS 289, Opinion Filed May 31, 2011 (Issue: Application of credit is within the discretion of the Workers’ Compensation Judge)

Aleshchai Herndon, Applicant v. City of Pasadena, PSI, Defendant, 2010 Cal. Wrk. Comp. P.D. LEXIS 538, Opinion Filed December 3, 2010 (Issue: Whether injury AOE/COE where there was a going and coming rule where Applicant re-parked her car)

Jon Van Ness, Applicant v. Barbara Herzstein, Fireman’s Fund Insurance Company, Defendants W.C.A.B. No. MON 0324743—WCAB Panel: Commissioners Cuneo, O’Brien, Murray (concurring, but not signing) Workers’ Compensation Appeals Board (Panel Decision)2007 Cal. Wrk. Comp. P.D. LEXIS 23 (Issue: Entitlement to TTD beyond two years where the injury involved an amputation but where the TTD for an unamputated body part)

Jennifer Watrous, Applicant v. Pomona Unified School District, Corvel Corporation, Defendants, 2011 Cal. Wrk. Comp. P.D. LEXIS 593, Opinion Filed December 16, 2011 (Issue: Substantial evidence to support a finding of injury due to parvovirus)

Yolanda Crews, Applicant v. Methodist Hospital of Southern California, PSI by Intercare Insurance Services, Defendants, 2010 Cal. Wrk. Comp. P.D. LEXIS 643, Opinion Filed December 24, 2010 (Issue: Applicant allowed to develop record concerning earnings related to her occupation)

Roy Mayes, Applicant v. City of Pasadena, PSI, Defendant, 2013 Cal. Wrk. Comp. P.D. LEXIS 19, Opinion Filed January 14, 2013(Issue: Labor Code Section 132a applied when probationary employee terminated)

John Kao, Applicant v. Alhambra Unified School District, PSI, JT2 Integrated Resources, Defendants, 2006 Cal. Wrk. Comp. P.D. LEXIS 35, Opinion Filed September 5, 2006 (Issue: Car accident going home from work was industrial.)

County of Orange, PSI, administered by Gates McDonald & Company, Inc. v. W.C.A.B., Janise Turner, 72 Cal. Comp. Cases 170; 2006 Cal. Wrk. Comp. LEXIS 450, December 21, 2006 (Issue: Exclusion of Defendant’s expert witness)

Donald Appleby, Petitioner v. Workers Compensation Appeals Board, Pacific Bell, Respondents.B074408, Court of Appeal, Second Appellate District, Division Five, 59 Cal. Comp. Cases 520; 1994 Cal. Wrk. Comp. LEXIS 3645; 32 Cal. Rptr. 2d 375 July 29, 1994 (Issue: Credit against workers’ compensation benefits based upon a salary continuation benefit payments)

Eugen Cioban v. W.C.A.B., County of Orange, PSI , 73 Cal. Comp. Cases 563; 2008 Cal. Wrk. Comp. LEXIS 88, March 14, 2008 (Issue: Applicant’s entitlement to VMRA benefits when there were 2000 and 2004 dates of injury)

County of Ventura, Petitioner v. Workers’ Compensation Appeals Board, Yvonne Jackson, Respondents, 79 Cal. Comp. Cases 107; 2013 Cal. Wrk. Comp. LEXIS 203, December 18, 2013 Writ of Review Denied (Issue: Psychiatric injury and internal medicine injury supported by substantial evidence)

County of Orange, Petitioner v. Workers’ Compensation Appeals Board, Jack Lean, Respondents, 73 Cal. Comp. Cases 1; 2008 Cal. Wrk. Comp. LEXIS 11, January 30, 2008 (Issue: Petition for Reconsideration timeliness when it was mailed to the local office in San Francisco and not the actual offices of the WCAB)

Delores Pugh, Petitioner v. Workers’ Compensation Appeals Board, County of Los Angeles, Respondents, 73 Cal. Comp. Cases 1561; 2008 Cal. Wrk. Comp. LEXIS 376, Opinion Filed November 3, 2008 ,  Petitions for Publication Denied by Court of Appeal December 2, 2008; Petitions for Publication Denied by Supreme Court January 28, 2009 (Issue: Statute of limitation did no bar an Applicant when the applicant did not have “lunch room” notice concerning workers’ compensation rights and benefits)

A.D. Petitioner v. Workers’ Compensation Appeals Board, Burke Williams Day Spa, CNA Claimplus, Respondents , 73 Cal. Comp. Cases 1081; 2008 Cal. Wrk. Comp. LEXIS 224, Writ of Review Denied June 25, 2008 ,  Review Denied August 20, 2008 (Issue: Whether a collision at work was a sudden and extraordinary condition of employment for the purposes of pursuing a psychiatric injury?)

Alexandra Olmos vs. W.C.A.B., Pacific Bell, PSI, 64 Cal. Comp. Cases 305; 1999 Cal. Wrk. Comp. LEXIS 5271, February 3, 1999 (Issue: Labor Code Section 132a discrimination when Defendant threatened Applicant with discipline if she missed more days of employment)

Daimler Chrysler Corporation, PSI, Tristar Risk Management, Petitioner v. Workers’ Compensation Appeals Board, Marcus Freeman, Respondents, 69 Cal. Comp. Cases 1327; 2004 Cal. Wrk. Comp. LEXIS 326, September 29, 2004 (Issue: Labor Code Section 132a violation supported by substantial evidence)

Eaton Corporation, CNA Risk Management Group vs. W.C.A.B., Milada Cherny, 64 Cal. Comp. Cases 504; 1999 Cal. Wrk. Comp. LEXIS 5322, February 4, 1999 (Issue: 100 percent disability for fibromyalgia supported by substantial evidence)

City of Beverly Hills, PSI v. W.C.A.B., Richard Westfall, 63 Cal. Comp. Cases 1315; 1998 Cal. Wrk. Comp. LEXIS 4967, September 8, 1998 (Issue: Cardiovascular injury for Police Officer supported by substantial evidence)

Tara Gellman, Petitioner v. Workers’ Compensation Appeals Board, Goldman, Magdalin & Krikes, LLP, Chubb Group of Insurance Companies, Federal Insurance Company, Respondents, 78 Cal. Comp. Cases 236; 2013 Cal. Wrk. Comp. LEXIS 22, January 16, 2013 Writ of Review Denied (Issue: Whether attorney leaving her home to return to work after appearing in court the prior day was industrial)

City of Pasadena, PSI, Petitioner v. Workers’ Compensation Appeals Board, Roy Mayes, Respondents, 78 Cal. Comp. Cases 701; 2013 Cal. Wrk. Comp. LEXIS 98, May 28, 2013 Writ of Review Denied,  Review Denied July 24, 2013Review denied by City of Pasadena v. Workers’ Comp. Appeals Bd. & Roy Mayes, 2013 Cal. LEXIS 6193 (Cal., July 24, 2013) (Issue: Can there be a 132a violation when an Applicant is a probationary employee)

Colleen Williams, Petitioner vs. Workers Compensation Appeals Board, McDonnell Douglas/Boeing, Fremont/Industrial Indemnity Company, AIG Claims Services, Inc., Respondents, 65 Cal. Comp. Cases 316; 2000 Cal. Wrk. Comp. LEXIS 6219, February 15, 2000 (Issue: did going and coming rule apply when Applicant gave a co-worker a ride)

David Diaz v. W.C.A.B., Pacific Bell, PSI, 63 Cal. Comp. Cases 119; 1997 Cal. Wrk. Comp. LEXIS 6068, December 30, 1997 (Issue: Penalty in delaying authorization for pain clinic)

Patrick v. State Compensation Insurance Fund(2004) 32 CWCR 43 (Board Panel Decision) (Issue: Substantial evidence found for psychiatric injury when there was credible testimony, a treating doctor report indication causation, and an AME report?)

Chava Cohen, Applicant v. Sheridan Assisted Living, Inc., State Compensation Insurance Fund, Defendants, 2010 Cal. Wrk. Comp. P.D. LEXIS 228, Opinion Filed May 27, 2010  (Issues: Ogilve, Earnings and Psychiatric injury due to sudden and extraordinary condition of employment)

Jesseka Betts, v. YMCA 2015 Cal. Wrk. Comp. P.D. LEXIS 248 (Panel Decision) Opinion Filed May 4, 2015: Issue: Did the Required Vehicle Exception apply when YMCA child-care site director suffered compensable injury to her neck, back, chest and other body parts in car accident on 8/21/2013 while en route to off-site, work-related meeting at Del Taco.

Rayshaun Moore v. Waste Management, 2014 Cal. Wrk. Comp. P.D. LEXIS 621 Opinion Filed November 3, 2014: Issue: Was dismissal valid when was unclear from dismissal order whether objection was reviewed by WCJ or whether WCJ reviewed objection and concluded no good cause was shown for applicant’s failure to prosecute.