Workers Compensation

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Mora v. Hollywood Bed & Spring, 164 Cal. App. 4th 1061 (2008)

Salvador Mora sued his former employer and its president after his arm was crushed in a power press machine. Mora alleged the machine lacked an adequate guard to protect against injury and, therefore, pursuant to Cal. Lab. Code § 4558, he was not limited to a remedy provided under the Workers’ Compensation…

Caso v. Nimrod Productions, Inc., 163 Cal App. 4th 881 (2008)

Christopher Caso, a professional stuntman, suffered severe head injuries while performing a stunt during the production of a television show. Caso and his wife (who sought damages for loss of consortium) sued defendants (the director and the stunt coordinators and their respective loan-out corporations) for negligence. The trial court granted defendants’ motion for…

Verga v. WCAB, 159 Cal. App. 4th 174 (2008)

Rosemary Verga sought workers’ compensation benefits for an alleged psychiatric injury she sustained while working for United Airlines. However, the WCAB found Verga was not actually subjected to harassment or persecution. Instead, she was “a difficult person to get along with [who was] impolite, unpleasant, and co-workers never knew when she might get upset.”…

Vaught v. State, 157 Cal. App. 4th 1538 (2007)

Marck Vaught was employed as a resource ranger for the State. His position required him to be on call “all the time.” As an inducement to accept the position, the State offered Vaught and his wife the use of a residence located in the district in which Vaught worked. Vaught subsequently slipped and fell in…

Honeywell v. WCAB, 35 Cal. 4th 24 (2005)

William Wagner, a sheet metal specialist for Honeywell, claimed work-related injuries to his body and psyche due to employment. On July 20, 1998, Wagner made statements that management was prejudiced against him and hampered his promotion and transfer, that he could not “take it anymore,” and that his doctor had prescribed medication for work stress. On…

Mitchell v. Union Central Life Ins. Co., 118 Cal. App. 4th 1331 (2004)

Dorothy Wimberly Mitchell worked for The Union Central Life Insurance Company for 27 years before she allegedly became physically ill as a result of harassment and discrimination that she suffered at work. In December 1999, Mitchell filed a civil lawsuit for, among other things, discrimination and harassment under the California Fair…

Vine v. Bear Valley Ski Co., 118 Cal. App. 4th 577 (2004)

Charlene Vine suffered a broken back, resulting in paraplegia, when she fell while attempting a snowboard jump at an employee party hosted by her employer, Bear Valley Ski Company. A Bear Valley employee had reshaped the jump, using a snow cat, for use by guests at the party. In her lawsuit, Vine…

Mason v. Lake Dolores Group, LLC, 117 Cal. App. 4th 822 (2004)

James Mason was rendered a paraplegic after he rode down the “Doo Wop Super Drop” water slide and crashed into a dam at the end of the slide that was owned and operated by his employer, Lake Dolores Group (LDG). Shortly before the accident, Mason reported to work but did not clock…

Crown Appliance v. WCAB, 115 Cal. App. 4th 620 (2004)

Crown Appliance petitioned the Court of Appeal for a writ of review, following a determination by the Workers’ Compensation Appeals Board (WCAB) that Crown had discriminated against its employee, Morton Wong, for filing a workers’ compensation claim. Wong sustained an industrial injury to his left elbow and back while employed as a delivery driver…

Pacific Gas & Elec. Co. v. WCAB, 114 Cal. App. 4th 1174 (2004)

Clifford Bryan filed a workers’ compensation claim against Pacific Gas & Electric Company (PG&E) after he was forced to leave work in October 2001 due to the stress of his job in interacting with customers who did not like the company and due to the financial problems affecting PG&E during that…