Here is a case brokers should be aware of and understand: A farm management company is fighting a $19,000 additional premium bill from its workers’ comp carrier. The carrier says the additional premium is owed on the money earned by a member of the limited liability company. The company maintains that the payroll should be …
Cumulative trauma claims for workers’ comp benefits, particularly those filed post-termination, used to be primarily a creature of the Los Angeles region, but changes in applicants’ attorneys’ marketing and practice patterns are making them a statewide phenomenon. The latest data indicates that over a quarter of the workers’ comp indemnity claims filed this year will …
The Fifth District Court of Appeal says a trial court erred by awarding summary judgment in a third-party liability case based on the Privette Doctrine because there are triable issues concerning safety conditions at the worksite. The appeals court maintains that the lower court must resolve who had responsibility for inspecting the worksite conditions when …
The California Supreme Court agreed to take up a workers’ comp claimant’s petition to review an appellate court decision. The Appellate Court rejected the Workers’ Compensation Appeals Board’s interpretation of the Patterson Decision and the handling of medical necessity decisions. The WCAB held that an employer must show a change in an injured worker’s medical …
The Sixth District Court of Appeal says the Workers’ Compensation Appeals Board exceeded its jurisdiction when it granted an applicant’s petition for reconsideration nearly two years after the deadline for it to act had lapsed. The court held that the narrow grounds for tolling the WCAB’s deadline did not apply in this case. The decision …
Redwood Fire and Casualty Insurance won a default judgment against the owners of a motel where an employee of one of its insurers was injured, but the victory was short-lived. On appeal, the Fourth District Court of Appeal says the carrier failed to serve a statement of damages before the entry of the defaults and …
The Second District Court of Appeal overturned another Workers’ Compensation Appeals Board decision. This one held that an employer had to show a change in an injured worker’s medical condition before utilization review can deny a renewed request for home health services. The DCA ruled that medical professionals, not lay personnel at the WCAB, must …
The Sixth District Court of Appeal says the Workers’ Compensation Appeals Board properly applied the Shipley decision when it acted upon a petition for reconsideration beyond the 60-day statutory deadline, but says the exception is far narrower than the Board contends. In deciding the case, the court rejected a request to stay the proceeding pending …