WCAB Levies $40,000 In Sanctions Plus Fees & Costs

The Workers’ Compensation Appeals Board has decided to sanction an applicant’s attorney and her hearing rep $20,000 each for repeatedly using frivolous tactics to delay workers’ comp cases. The WCAB gave attorney Susan Garrett and hearing representative Lance Garrett 20 days to explain their actions to avoid the sanctions. The Board found their responses lacking … Read More »

This content is only available to premium subscribers. Please login here log in

Read More »

Appeals Court Blocks Claimant’s Lawsuit Against QME

The Fifth District Court of Appeal says a lower court properly dismissed without leave to amend a lawsuit that a workers’ comp claimant filed against a qualified medical evaluator (QME) for allegedly mishandling her case. The dispute stems from the workers’ comp psych claim Samreen Riaz filed and the subsequent QME evaluation by Micah Hoffman … Read More »

This content is only available to premium subscribers. Please login here log in

Read More »

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 »

This content is only available to premium subscribers. Please login here log in

Read More »

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 »

This content is only available to premium subscribers. Please login here log in

Read More »

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 »

This content is only available to premium subscribers. Please login here log in

Read More »

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 »

This content is only available to premium subscribers. Please login here log in

Read More »