Tagged in: court of appeals

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 … Read More »

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Why Was the General Contractor Not Liable In Subs Employee’s Fall

The general contractor on a project to construct a four-story multi-unit residential building is not liable for the injuries a plasterer sustained when he fell due to a faulty scaffolding safety rail. The Fourth District Court of Appeal notes that a subcontractor employed the injured worker, and the worker’s employer was responsible for inspecting and … Read More »

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Court Blocks Subcontractor’s Lawsuit Due To Lack Of Coverage

In an interesting case that provides an important example brokers can use, the Fourth District Court of Appeal blocked a subcontractor’s lawsuit against a general contractor for nonpayment. The reason is that the sub performed part of the work while it did not have workers’ comp coverage. The lapse of the company’s workers’ comp policy … Read More »

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Appeals Court Reaffirms 60-Day Deadline

The Workers’ Compensation Appeals Board has 60 days to act on a petition for reconsideration; if it does not, the petition is deemed denied. A recent legislative amendment changed when the 60-day clock starts, but the First District Court of Appeal says this did not alter the fact that the Board must act within 60 … Read More »

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Court Allows FEHA Discrimination Claims To Proceed

In a case that could affect many California employers, the Fourth District Court of Appeal is allowing an injured employee to pursue a Fair Employment and Housing Act (FEHA) claim against his employer, Dish LLC. The claim alleged discrimination related to his workers’ compensation claim even though the workers’ comp claim was settled through a … Read More »

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Court Rules In Lyft Driver Injury Case

A Lyft driver repeatedly stabbed by a passenger who had a lengthy criminal record sued the company for negligence. The driver accused the company of failing to screen passengers as is required for drivers, failing to provide a safe workplace, and failing to provide workers’ compensation benefits for his injuries. However, the trial court and … Read More »

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Divided Court Finds Privette Doctrine Applies

The Fourth District Court of Appeal says a building owner and its management company are owed summary judgment to defeat a negligence claim filed by the employee of a subcontractor injured while working on their property. The court’s majority says the issue is covered by the long-standing Privette Doctrine and that none of its recognized … Read More »

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