The First District Court of Appeal rejected an injured worker’s negligence lawsuit against the general and subcontractor that contracted his employer after finding that the Privette doctrine protects them from his claims. The court says it found no triable issues of fact that would allow the worker to seek a remedy other than the workers’ …
The Second District Court of Appeal is reversing a lower court’s decision and allowing a case alleging a work-related COVID-19 death case to continue. The employee’s widow maintains that the workers’ compensation exclusive remedy provision does not block the case because the employer fraudulently concealed a COVID-19 outbreak at an employee housing unit where her …
The Workers’ Compensation Appeals Board issued two en banc decisions in consolidated cases stating its intent to assess cumulative penalties of $12,500 each against the applicant’s attorney, Susan Garrett, and hearing representative, Lance Garrett. It is the second time the Garretts have been hit with sanctions. The WCAB says the five cases involve “a continuing …
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 …
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 …
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 …
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 …