Appeals Court Publishes Controversial Cal/OSHA Case

The Third District Court of Appeal overturned two Cal/OSHA safety and health citations against a construction company after it found that the state failed to produce sufficient evidence that the firm’s employees were exposed to the organism that causes valley fever. However, the court upheld another citation that the firm required those employees to use … Read More »

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Third District Reviewing State Fund’s Appeal

The California Department of Insurance and the State Compensation Insurance Fund are waiting for an appeals court to determine if the carrier can resume its challenge of the Department’s handling of a settlement agreement. State Fund contends CDI is violating the agreement by barring it from defending its prior rate filings in new disputes over … Read More »

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Courts Revive Challenges To Independent Contractor Tests

State and federal courts gave a boost to the legal fights gig economy companies are waging against California’s ABC test for differentiating between independent contractors and employees. A state court of appeal revived the industry-backed initiative to create an exception to keep app-based delivery drivers classified as independent contractors. Then, the Ninth Circuit Court of … Read More »

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Appeals Court Finds No Exception To Privette Doctrine

The Third District Court of Appeal agrees that a lower court’s summary judgment for the Roseville Moose Lodge in its defense of a negligence claim filed by a contractor’s employee was correct. The court found the Privette doctrine protected the lodge and held the worker failed to show that any of the recognized exceptions to … Read More »

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Second Appellate District Rejects Workers’ Comp Judge’s Ruling

In The Kroger Company et al., v. Workers’ Compensation Appeals Board and George Velasquez, an unpublished opinion, the Second Appellate District reviewed a workers’ compensation judge’s award of vocational rehabilitation benefits to an individual under Labor Code §139.5. The petitioner, The Kroger Company dba Ralphs Grocery Co. (Ralphs), maintained that the repeal of this section, … Read More »

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News Digest 9/8/2008

Arizona Appeals Court Rejects Attendant Care Claim The Arizona Court of Appeals rules that workers’ compensation insurance does not have to reimburse spouses of injured workers for special care they … Read More »