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Applicant’s Attorney, Hearing Rep Sanctioned Again And Again

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 … Read More »

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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 »

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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 »

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Divided Second District Partially Overturns WCAB Decision

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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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Appeals Court Strikes Down Controversial WCAB Practice

In a ruling that affects how all appealed workers’ comp cases are handled in California, the Second District Court of Appeal says the Workers’ Compensation Appeals Board’s long-standing “grant-for-study” practice … 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 »

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