Stanford Law School - Robert Crown Law Library

Filed 10/19/11

IN THE SUPREME COURT OF CALIFORNIA

CHRISTINE BAKER, as Administrator,
Etc.,
Petitioner,
S179194
v.
Ct.App. 6 H034040
WORKERS’ COMPENSATION
APPEALS BOARD and X.S.,
WCAB Case No.
Respondents.
ADJ1510738/SJO 0251902

MODIFICATION OF OPINION
THE COURT:
The opinion in this matter filed on August 11, 20011, and appearing at 52 Cal.4th
434, is modified as follows:
1. On page 438, the second sentence on the page is modified to read: “They
generally commence on the date the injured worker reaches a medically stable condition
(permanent and stationary) because, at that point, the full nature and extent of the
worker’s permanent disability, if any, can be determined.”
2. On page 439, in the paragraph carrying over from page 438, a new footnote 2 is
added following the clause “i.e., the permanent and stationary date in the case of total
permanent disability benefits, ” stating: “Our discussion of total permanent disability
benefits pertains only to those payable for injuries occurring before April 19, 2004. For
later injuries, it may be that an injured worker would become entitled to total permanent
disability payments, and corresponding COLA’s, before the worker’s medical condition
1

---

is permanent and stationary. (See §§ 4650, subd. (b) & 4656, subd. (c).) We express no
view on that question, which is not presented under the facts of this case.”
3. Subsequent footnotes are renumbered to account for new footnote 2 on page
439.
4. On page 443, in the first full paragraph on the page, immediately following the
citation to the Department of Rehabilitation case, the following additional citation is
added: “; but see fn. 2, ante, and § 4650, subd. (b) [when temporary disability payments
have expired under the time limits of § 4656, subd. (c), permanent disability payments
must begin within 14 days].”
5. On page 446, the third and fourth sentences in the first full paragraph on the
page are replaced by the following: “Moreover, workers who sustain industrial injuries
qualifying them for total permanent disability payments receive temporary disability
payments which, depending on the date of injury, may themselves be indexed to the
SAWW, thereby protecting the worker from the effects of inflation during the period of
eligibility for temporary disability benefits. (See §§ 4453, subd. (a)(10), 4653, 4661.5.)”
This modification does not affect the judgment.

2

---

Petition for review after the Court of Appeal annulled a decision of the Board. This case presents the following issue: When do cost-of-living adjustments under Labor Code section 4659, subdivision (c), for payments for total permanent disability and life pensions begin?

Opinion Information

Date:	Citation:	Docket Number:	Category:	Status:
Wed, 10/19/2011	52 Cal. 4th 434, 257 P.3d 738, 129 Cal. Rptr. 3d 133	S179194M	Review - Civil Appeal	closed; remittitur issued

Disposition
Aug 11 2011	Opinion: Reversed

Dockets
Jan 4 2010	Petition for review filed Petitioner: Duncan, John C.Attorney: Anthony Mischel
Jan 5 2010	Record requested
Jan 8 2010	Received Court of Appeal record   one file folder/briefs
Jan 13 2010	Answer to petition for review filed Respondent: SJO2, XYZZXAttorney: Arthur Johnson
Jan 21 2010	Request for depublication (petition for review pending) Petitioner: Duncan, John C.Attorney: Carol Belcher
Jan 25 2010	Reply to answer to petition filed Petitioner: Duncan, John C.Attorney: Carol Belcher
Mar 24 2010	Petition for review granted   Votes: George, C.J., Baxter, Werdegar, Chin, Moreno and Corrigan, JJ.
Mar 24 2010	Letter sent to:   Dear Counsel: We are enclosing a copy of this court's order granting review in the above referenced case. Your attention is directed to California Rules of Court, rule 8.520, for briefing requirements. Please insure that briefs submitted for filing reflect the case number, title and party designations appearing on the court's order. Per our Internal Operating Practices and Procedures (? IV, ? L), when review is granted each party must file a "Certification of Interested Entities or Persons" that lists any persons, associations of persons, firms, partnerships, corporations (including parent and subsidiary corporations) or other entities other than the parties themselves known by the party to have either (i) a financial interest in the subject matter of the controversy or in a party to the proceeding; or (ii) any other kind of interest that could be substantially affected by the outcome of the proceeding. For this purpose, we enclose a form for your use. This letter is the sole communication to all counsel for Petitioner. If other associated counsel are better situated to provide the required information, please reroute the enclosure to them. The completed form and eight copies should be returned to us within 15 days.
Mar 29 2010	Certification of interested entities or persons filed   by Neil P. Sullivan, counsel for Respondent, Worker's Compensation Appeals Board.
Apr 1 2010	Certification of interested entities or persons filed   John C. Duncan, Petitioner Anthony Mischel, Retained counsel
Apr 9 2010	Certification of interested entities or persons filed   X. S., Respondent. ArthurJohnson, Retained counsel.
Apr 26 2010	Opening brief on the merits filed Petitioner: Duncan, John C.Attorney: Anthony Mischel   (CRC, rule 8.25(b))
Apr 26 2010	Request for judicial notice filed (Grant or AA case) Petitioner: Duncan, John C.Attorney: Anthony Mischel
May 20 2010	Answer brief on the merits filed Respondent: SJO2, XYZZXAttorney: Arthur Johnson
Jun 10 2010	Reply brief filed (case fully briefed) Petitioner: Duncan, John C.Attorney: Anthony Mischel
Jul 9 2010	Application to file amicus curiae brief filed   State Compensation Insurance Fund, Amicus Curiae in support of petitioner David M. Goi, counsel
Jul 9 2010	Application to file amicus curiae brief filed   California Chamber of Commerce, Amicus Curiae in support of petitioner Ellen Langille, counsel
Jul 9 2010	Application to file amicus curiae brief filed   California Applicant's Attorneys Association, Amicus Curiae in support of respondent XYZZX SJ02 Jason Marcus, counsel
Jul 9 2010	Application to file amicus curiae brief filed   California Correctional Peace Officers Association, Amicus Curiae in support of respondent XYZZX SJ02 Frank Rankin, counsel
Jul 9 2010	Application to file amicus curiae brief filed   California Workers' Compensation Institute for Status, Amicus Curiae in support of petitioner Michael Marks, counsel
Jul 21 2010	Permission to file amicus curiae brief granted   The application of California Workers' Compensation Institute for Status for permission to file an amicus curiae brief in support of petitioner is hereby granted. An answer thereto may be served and filed by any party within 20 days of the filing of the brief.
Jul 21 2010	Amicus curiae brief filed Amicus curiae: California Workers' Compensation Institute for StatusAttorney: Michael A. Marks
Jul 21 2010	Permission to file amicus curiae brief granted   The application of State Compensation Insurance Fund for permission to file an amicus curiae brief in support of petitioner is hereby granted. An answer thereto may be served and filed by any party within 20 days of the filing of the brief.
Jul 21 2010	Amicus curiae brief filed Amicus curiae: State Compensation Insurance FundAttorney: David M. Goi
Jul 21 2010	Permission to file amicus curiae brief granted   The application of California Chamber of Commerce for permission to file an amicus curiae brief in support of petitioner is hereby granted. An answer thereto may be served and filed by any party within 20 days of the filing of the brief.
Jul 21 2010	Amicus curiae brief filed Amicus curiae: California Chamber of CommerceAttorney: Ellen Sims Langille
Jul 21 2010	Permission to file amicus curiae brief granted   The application of California Applicant's Attorneys Association for permission to file an amicus curiae brief in support of respondent XYZZX SJ02 is hereby granted. An answer thereto may be served and filed by any party within 20 days of the filing of the brief.
Jul 21 2010	Amicus curiae brief filed Amicus curiae: California Applicant's Attorneys AssociationAttorney: Jason M. Marcus Attorney: Marc G. Marcus
Jul 21 2010	Permission to file amicus curiae brief granted   The application of California Correctional Peace Officers Association for permission to file an amicus curiae brief in support of respondent XYZZX SJ02 is hereby granted. An answer thereto may be served and filed by any party within 20 days of the filing of the brief.
Jul 21 2010	Amicus curiae brief filed Amicus curiae: California Correctional Peace Officers AssociationAttorney: Frank E. Rankin
Jul 21 2010	Request for judicial notice filed (Grant or AA case) Amicus curiae: State Compensation Insurance FundAttorney: David M. Goi
Aug 10 2010	Response to amicus curiae brief filed Petitioner: Duncan, John C.Attorney: Anthony Mischel   To AC Brief filed by California Applicant's Attorneys Association and California Correctional Peace Officers Association.
May 4 2011	Justice pro tempore assigned   Hon. James R. Lambden First Appellate District, Division Two
May 3 2011	Case ordered on calendar   to be argued Tuesday, May 24, 2011, at 2:00 p.m., in San Francisco
May 12 2011	Request for judicial notice granted   Petitioner's Motion for Judicial Notice, filed April 26, 2010, is granted with respect to exhibits 2, 7, 8, 9, and 11, and denied with respect to exhibits 3, 4, 5, and 6. Petitioner's motion is further denied with respect to exhibits 1 (the Opinion and Decision of the Workers' Compensation Appeals Board below) and 10 (the decision of the Workers' Compensation Administrative Law Judge below) as those exhibits are already made part of the official record on review.
May 16 2011	Received:   from counsel for petnr., Letter notification regarding oral argument by Christine Baker, Acting Director of Dept. of Industrial Relations.
May 16 2011	Filed:   Letter from Arthur L. Johnson, counsel for respondent X.S., requesting to share 15 minutes of oral argument time with amicus curiae California Applicant's Attorneys Association.
May 16 2011	Filed:   Letter from Anthony Mischel, counsel for petitioner, requesting to share 15 minutes of oral argument time with amicus curiae California Chamber of Commerce.
May 17 2011	Order filed: case retitled   The above entitled matter is retitled as follows: CHRISTINE L. BAKER, as Acting Director etc., Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and X.S., Respondents.
May 18 2011	Order filed   The request of respondent XYZZX SJ02 to allocate to amicus curiae California Applicant's Attorneys Association 15 minutes of petitioner's 30-minute allotted time for oral argument is granted.
May 18 2011	Order filed   The request of petitioner to allocate to amicus curiae California Chamber of Commerce 15 minutes of petitioner's 30-minute allotted time for oral argument is granted.
May 24 2011	Cause argued and submitted
Jul 20 2011	Received:   Letter, dated July 18, 2011, from Arthur L. Johnson, counsel for respondent XYZZX SJO2.
Aug 10 2011	Notice of forthcoming opinion posted   To be filed Thursday, August 11, 2011 at 10 a.m.
Aug 11 2011	Opinion filed: Judgment reversed   The judgment of the Court of Appeal is reversed and the matter remanded to that court for further proceedings consistent with the views expressed herein. Majority Opinion by Baxter, J. ----- joined by Cantil-Sakauye C.J., Kennard, Werdegar, Chin, Corrigan and Lambden*, JJ. *Associate Justice, Court of Appeal, First Appellate District, Division Two, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
Oct 19 2011	Remittitur issued
Aug 24 2011	Rehearing petition filed Respondent: SJO2, XYZZXAttorney: Arthur Johnson
Aug 25 2011	Time extended to consider modification or rehearing   The time for granting or denying rehearing in the above-entitled case is hereby extended to and including November 9, 2011, or the date upon which rehearing is either granted or denied, whichever occurs first.
Oct 19 2011	Rehearing denied; opinion modified

Briefs
Apr 26 2010	Opening brief on the merits filed Petitioner: Duncan, John C.Attorney: Anthony Mischel
May 20 2010	Answer brief on the merits filed Respondent: SJO2, XYZZXAttorney: Arthur Johnson
Jun 10 2010	Reply brief filed (case fully briefed) Petitioner: Duncan, John C.Attorney: Anthony Mischel
Jul 21 2010	Amicus curiae brief filed Amicus curiae: California Workers' Compensation Institute for StatusAttorney: Michael A. Marks
Jul 21 2010	Amicus curiae brief filed Amicus curiae: State Compensation Insurance FundAttorney: David M. Goi
Jul 21 2010	Amicus curiae brief filed Amicus curiae: California Chamber of CommerceAttorney: Ellen Sims Langille
Jul 21 2010	Amicus curiae brief filed Amicus curiae: California Applicant's Attorneys AssociationAttorney: Marc G. Marcus Attorney: Jason M. Marcus
Jul 21 2010	Amicus curiae brief filed Amicus curiae: California Correctional Peace Officers AssociationAttorney: Frank E. Rankin
Aug 10 2010	Response to amicus curiae brief filed Petitioner: Duncan, John C.Attorney: Anthony Mischel

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