Tagged in: appeals

En Banc Decision: Second Chance To Avoid CT Claim

A Chicago-based minor league professional baseball team will get a second chance to fight being brought into a California workers’ comp cumulative trauma claim by a former player. The Workers’ Compensation Appeals Board granted reconsideration, ordering the workers’ comp judge to hear and consider testimony that he had blocked the team from providing the first … Read More »

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Alleged Cappers Referred Over 13,000 Cases

Criminal charges are filed and pending against a husband-and-wife duo who allegedly ran a workers’ comp capping scheme that has “referred in excess of 13,467 prospective clients’ cases, and applicants to attorneys or law firms.” Orange County District Attorney Todd Spitzer filed the cases. Two applicants’ attorneys have been criminally charged so far. Sources say … Read More »

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Tesla Challenges Willful Serious Bump Up

Tesla Motors is asking the Workers’ Compensation Appeals Board to reconsider a workers’ comp judge’s finding that a Tesla employee was severely injured due to the company’s serious and willful disregard for safety at the job site. Tesla maintains that the trial judge, Therese Da Silva, based the finding on cherry-picked testimony and ignored evidence … Read More »

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Appeals Court Upholds FEHA Dismissal

In a case where an employee was fired for violating a workplace safety rule, the Second District Court of Appeal sustained a lower court’s order granting summary judgment in favor of the employer in a discrimination lawsuit by a former employee. The employee had been fired once before but was back working under a “last … Read More »

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Claimant’s Perspective Doesn’t Hold Up

A court of appeal rejected an injured worker’s claim that he lied about the extent of his industrial injury to obtain medical care, not the $100,000 in workers’ comp benefits he received following his fall from a ladder at work. The decision upholds Waliullah Nazari’s criminal conviction for two counts of making false and fraudulent … Read More »

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Appeals Court Rejects Lawsuit Based On Privette Doctrine

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’ … Read More »

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