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State Courts -
California - June 4, 2008
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California Ins. Guarantee Assn. v. Workers' Comp. Appeals Bd., No. B199404,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, June 4, 2008, Filed
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Overview: Workers' compensation claim filed more than one year after the injury was timely because Lab. Code, ? 5405, subd. (a), was tolled by reason of the worker's presumed ignorance of his rights arising from the employer's failure to provide notice under Lab. Code, ? 5401, subd. (a), although the worker had counsel in another workers' compensation case.
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Pueblo Radiology Medical Group, Inc. v. Gerlach, No. B194106,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, June 4, 2008, Filed
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Overview: In a breach of contract action brought by a medical group against a corporation and its officers, trial court's award of attorney fees to the officers pursuant to Civ. Code, ? 1717, was not premature. Trial court's finding that the officers were not personally liable was a favorable termination of the case as to each of them as individuals.
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