Homeowners Not Liable for Contractor’s Injuries

The California Supreme Court, in a unanimous decision, rejected an opportunity to carve out a third exception to the long-standing Privette doctrine. It is the law which generally protects homeowners from injury lawsuits by contractors and their workers. The court rejected an exception for injuries caused by known safety hazards that have no reasonable protection … Read More »

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California Supreme Court Opines On PAGA Claims

A California worker at the head of a private attorneys general act (PAGA) class action case alleging widespread underpayment of wages can continue to pursue the case even though he settled his individual claim, says the California Supreme Court. In a case of first impression, the justices held that “settlement of individual claims does not … Read More »

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Exclusive Remedy Upheld by Supreme Court

The California Supreme Court a few minutes ago ruled workers’ compensation is the exclusive remedy for an employee’s injuries. It denied a worker’s attempt to sue a utilization review physician for malpractice. The court issued a 35-page opinion in King v. CompPartners. Workers’ Comp Executive is digesting the 35-page decision and will have a longer … Read More »

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Is Workers’ Comp Caregiver’s Only Recourse

An in-home caregiver who was injured by the alzheimer’s patient she was hired to assist, and who collect workers’ comp, cannot later sue the patient for the injury, rules the California Supreme Court in a divided opinion. The decision leaves the caregiver’s workers’ comp claim intact, but blocks a lawsuit for negligence, premises liability and … Read More »

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Causation Standards For Workers’ Comp Claims To Be Defined

In a case which appears better suited to medical malpractice, the California Supreme Court is being asked to decide whether an injured worker’s accidental drug overdose – interaction actually – and resulting death stemmed from his industrial injury and thus should be covered by workers’ comp death benefits. The Workers’ Compensation Appeals Board (WCAB) and … Read More »

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California Supreme Court Considers Overtime Pay for Claims Adjusters

Workers’ comp carriers in California are taking heat from both employers and regulators over the dollars they spend to administer and defend workers’ comp claims. Loss adjustment expenses (LAE) ballooned following the reforms, but a case now pending before the California Supreme Court could have a moderating effect on one component in that cost driver … Read More »

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Supreme Court Denies Guzman Review

The California Supreme Court declined to review a decision critical to the California workers’ compensation world.  Guzman allows a physician to use any chapter or table in the AMA Guides to determine an injured worker’s level of impairment rather than just the chapter related to the injured body part.  The industry is now watching the Fifth … Read More »

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FEHA Decision May Cause Arbitration Problems

The California Supreme Court dealt a blow to all California employers in a Fair Employment and Housing Act (FEHA) age discrimination case when it reversed a court of appeal decision and the original arbitration award that had dismissed the underlying complaint. The court did manage not to accept the former employee’s argument that the arbitration … Read More »

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