Supreme Court Limits 50% Bump Up Provision
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Tagged in: court of appeals
Solakyan Appealing Fraud Conviction To U.S. Supreme Court
The Ninth Circuit Court of Appeal members voted to reject a petition for rehearing and rehearing en banc by the convicted head of a workers’ comp bribery scheme that generated $263 million in fraudulent claims for MRI services. Sam Solakyan filed the petition after the Ninth Circuit affirmed all counts of his conviction last fall. …
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Attorney’s Interim Suspension Lifted
Last week, the State Bar Court of California lifted a November 22nd order temporarily suspending Matthew Rifat’s license to practice law following his guilty plea to a single Penal Code section 549 violation. The court belatedly granted his motion to stay the interim suspension while the State Bar works to determine whether the conviction constituted …
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California Supreme Court Hears Penalty Case
The California Supreme Court held oral arguments last week in a case challenging a Fourth District decision holding that the 50% bump up in indemnity benefits under Labor Code section 4553 does not apply to industrial disability leave (IDL). The lower court held that the 4850 time that some state workers receive in lieu of …
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Ninth Circuit Interprets AMA Guides Application In USL&H Case
The Ninth Circuit Court of Appeal says an injured longshoreman with hearing loss in one ear and bilateral tinnitus is only due benefits for the actual loss of hearing suffered on the job and cannot obtain a bilateral rating under the AMA Guides. However, the court left unanswered the question of whether the worker’s tinnitus …
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Injured Brakeman Gets New Trial & Expert Witness
The Second District Court of Appeal ordered a new trial in Terrence Richard’s negligence lawsuit against Union Pacific Railroad company after being injured in a fall from the train where he was working as a brakeman. The second time around Richards will also be able to call his expert witness who was originally blocked from …
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Ninth Circuit Upholds Conviction But Questions Restitution Amount
After a de novo review, a Ninth Circuit Court of Appeal judge affirmed on all counts Sam Solakyan’s conviction for running a workers’ comp bribery scheme that generated $263 million in fraudulent claims. Justice Gabriel Sanchez, however, ordered a lower court to revisit the amount of restitution that is owed to consider the amounts insurers …
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Disability Retirement Not A Reasonable Accommodation
The California Department of Corrections and Rehabilitation (CDCR) did not violate the state’s anti-discrimination law by refusing to file for industrial disability retirement on behalf of a permanently disabled prison guard. The Fourth District Court of Appeal rejected the notion that a disability retirement could be considered a reasonable accommodation under the Fair Employment and …
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