Applicant’s Attorney, Hearing Rep Face Sanctions

The Workers’ Compensation Appeals Board is giving an applicant’s attorney and a hearing representative 20 days to explain why they should not be sanctioned some $40,000 for allegedly using frivolous tactics to delay workers’ comp cases. The WCAB also says in an en banc order that it will also consider awarding attorney fees and costs … Read More »

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Court Reinstates Qui Tam Case Alleging Fraud

The Second District Court of Appeal says Allstate Insurance Company can proceed with its lawsuits alleging that a group of radiologists and other affiliates have been defrauding workers’ comp and auto insurance carriers by overbilling for radiology services. The carrier alleges the medical corporations are controlled by an unlicensed individual and operated as a referral … Read More »

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No Liability In Typhus Case

The Second District Court of Appeal affirmed a lower court’s dismissal of a lawsuit alleging the City of Los Angeles failed to remedy a dangerous condition on public property that may have led to a deputy city attorney contracting typhus. The lower court had held that under Government Code section 855.4, the city was immune … Read More »

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Commissioner’s Authority, Attorney Fee Award Affirmed

The Second District Court of Appeal says a lower court was correct to deny The Travelers’ challenge of Insurance Commissioner Ricardo Lara’s authority to find that unfiled side agreements in a workers’ comp program were unenforceable. The court also upheld an attorney fee award to the policyholder that successfully challenged the validity of these disputed … Read More »

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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 »

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Appeals Board Ordered To Explain Its “Grant For Study” Procedure

A panel of justices for California’s Second Appellate District is ordering the Workers’ Compensation Appeals Board (WCAB) to explain its use of a “grant for study” procedure that can delay the resolution of a workers’ comp applicant’s case by weeks, months, or even years. As of last fall, over 500 cases found themselves caught up … Read More »

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