The first iteration of a multi-year study looking at injured employees’ access to medical care in California’s workers’ comp system found that the number of providers willing to treat in the workers’ comp system is holding steady and that while claimants are getting timely access to care, many are having to travel farther to obtain …
The First District Court of Appeal is allowing an injured employee’s legal malpractice claim to proceed even though it was filed years after the statute of limitations had run. The court says the time to file the claim should have been tolled due to the applicant’s mental and physical disabilities. The court’s decision in Kelly …
The First District Court of Appeal affirmed a lower court decision finding that Labor Code section 3364.5 blocks a negligence lawsuit filed by the family of a school volunteer who was killed while helping out with a food giveaway. The section allows school volunteers to be considered employees for workers’ comp purposes, meaning workers’ comp …
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 …
California’s public and private sector employers reported a sharp uptick in workplace injuries and illnesses last year, with respiratory illnesses driving much of the increase. Overall, there were 565,900 recordable injuries and illnesses in the state last year compared to 450,500 in 2021 – a 25.6% increase. For perspective, non-farm employment grew by only 3.6% …
A volunteer judge at an elementary school’s annual spelling bee is limited to workers’ compensation benefits for injuries she sustained in a fall. The Third District Court of Appeal found that she was an employee for workers’ comp purposes at the time of her injury and affirmed the dismissal of her personal injury lawsuit against …
A yacht club employee injured in a fall while stepping from a dock onto a boat can only seek recompense through California’s workers’ comp system. First, a trial court and now a court of appeal rejected his lawsuit against his employer, that alleged federal claims of negligence and unseaworthiness. The courts found no admiralty jurisdiction. …
In an interesting case that brokers should be aware of, the Fifth District Court of Appeal upheld the dismissal of a negligence lawsuit a temp worker filed against his “special employer” for the workplace injuries he sustained. The court says the employee’s exclusive remedy is the workers’ comp coverage provided by his direct employer – …