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California Case Law Update

  • State: California
  • - Popular with: Legal
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NEW! Matute v. Los Angeles Unified School District, ADJ984305, (09/17/2015): The Workers' Compensation Appeals Board, sitting en banc, ruled that a party wishing to appeal from an adverse independent medical review determination gets 35 days to file a petition for review with the board.

NEW! In re D.J., E061526, (09/14/2015): A California appellate court ruled that a teacher who recovered through workers' compensation for his injuries from a student assault was also entitled to restitution from the student, but that the juvenile court judge had improperly calculated the amount of restitution owed.

NEW! Gurrola v. City of Los Angeles, B254721, (08/25/2015): A California appellate court upheld the termination of a Los Angeles police officer for being absent from work without leave, despite the fact the department had given him incorrect information regarding the requirements for him to return to work after recovering from a work-related injury.

NEW! Murat v. Exxon Mobil Corp., B247889, (08/11/2015): A California appellate court ruled that the daughters of a ship repairman who died from his asbestos exposure failed to establish his death was caused by the negligence of two vessel owners in failing to warn him of the presence of asbestos onboard the ships.

NEW! Nelson v. Lucien, B247723, (08/04/2015): California's 2nd District Court of Appeal upheld the dismissal of an injured worker's fraud and malpractice claims against the law firm that had represented him in his comp case and an unrelated employment discrimination matter.

NEW! Franco v. West Coast Pipe Inspection and Maintenance, F068770, (08/04/2015): A California appellate court ruled that an employee of a temporary staffing agency could not sue his employer's client in tort because the client was his "special employer."

Department of Corrections and Rehabilitation v. WCAB (Thompson), C078345, (07/22/2015): California's 3rd District Court of Appeal annulled an award of death benefits to the widow of a corrections officer, finding the Workers' Compensation Appeals Board could not issue compensation for her late-husband's suicide until it knew whether the California Public Employees' Retirement System will also be issuing her benefits.

State Compensation Insurance Fund v. Michael D. Drobot Sr., et al., SACV 13-0956 AG (CWx), (07/28/2015): A federal judge postponed until next summer the sentencing hearing for Michael D. Drobot, who pleaded guilty last year to conspiring to defraud a federal health care program and admitted to bribing a California state senator.

Gentile v. Keenan & Associates, B253097, (07/27/2015): California's 2nd District Court of Appeal declined to certify a class-action suit by a group of former workers' compensation claims examiners over their employer's failure to pay them overtime.

Kirkland v. Manson Construction Co., A139940, (07/21/2015): A California appellate court revived an injured maritime worker's claims that his employer violated the Jones Act by failing to provide him with competent medical care for his injuries.

Department of Corrections and Rehabilitation v. WCAB (Thompson), C078345, (07/22/2015): California 's 3rd District Court of Appeal annulled an award of death benefits to the widow of a corrections officer, finding the Workers' Compensation Appeals Board could not issue compensation for her late-husband's suicide until it knew whether the California Public Employees' Retirement System will also be issuing her benefits.

State Compensation Insurance Fund v. Michael D. Drobot Sr., et al., SACV 13-0956 AG (CWx), (07/2015): The U.S. District Court for Central California partially dismissed a third-party complaint filed by Michael D. Drobot that seeks to force 23 people to share the pain should State Compensation Insurance Fund win its fraud suit against him, but will allow him to amend and refile the action.

American Zurich Insurance Company and Zurich American Insurance Company, Plaintiffs v. Country Villa Service Corp. dba Country Villa Health Services 2:14-CV-03779-RSWL-AS 7/9, (07/2015): The U.S. District Court for Central California said Zurich American Insurance Co. and American Zurich Insurance Co. can't enforce side agreements executed after it issued a large-deductible policy because it did not file the contracts with the state's rating organization as required by law.

State Compensation Insurance Fund v. Michael D. Drobot Sr., et al., SACV 13-0956 AG (CWx), (07/08/2015): State Compensation Insurance Fund can amend its fraud complaint to name as defendants 15 providers already brought into the case through a third-party complaint filed by Michael D. Drobot, but not 14 additional people it alleges are similarly situated, a Southern California judge ruled last week.

 

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