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Industry Insights

Important Recent California Case Law

  • State: California
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NEW! Navarro v. City of Montebello, ADJ6779197, (04/02/2014): The Workers' Compensation Appeals Board issued an en banc ruling that a worker who brings successive claims for injuries to the same body part does not need to return to the same panel qualified medical evaluator for each of his claims. 

NEW! USA v. Kallas, 11-50118, (03/28/2014): The U.S. 9th Circuit Court of Appeals upheld the conviction and sentence of a former senior attorney for U.S. Immigration and Customs Enforcement on 36 counts of conspiracy, bribery, obstruction, immigration fraud, making false statements, aggravated identity theft, workers' compensation fraud and tax evasion.

NEW! Haitbrink Asphalt Paving v. WCAB, ADJ3869833, (03/05/2014): California workers who suffer injuries in motor vehicle accidents while en route to medical-legal evaluations are not entitled to benefits for such injuries, according to a Workers' Compensation Appeals Board panel decision last month.

NEW! Lopez v. Delgadillo, A137463 and A138246, (03/19/2014): A California appellate court ruled that a worker injured on the job could sue his employers in tort because they admittedly did not have workers' compensation coverage for him.

NEW! Yacoub v. Talia, D063321, (03/17/2014): A California appellate court upheld a jury's determination that a worker who fell from a ladder while trimming trees outside a convenience store owned by his cousin was not an "employee" of the store.

NEW! Pearson Food Co. v. State Compensation Insurance Fund, B242556, (03/17/2014): An employer failed to show any error in a trial court's decision in favor of State Compensation Insurance Fund in a lawsuit that alleged the carrier had mishandled workers' compensation claims filed by three employees, the California 2nd District Court of Appeal ruled.

NEW! Maiorano v. Howell, D062233, (03/11/2014): A California appellate court ruled that an attorney who obtained workers' compensation benefits and a personal injury settlement for his client was not entitled to a share of the attorney fees from the settlement that a different lawyer obtained for the same client under the client's underinsured motorist policy. 

Mark Tanner Construction v. Hub International Insurance Services, C071176, (03/10/2014): The California 3rd District Court of Appeal ruled that two Truckee-based general contractors who purchased workers' compensation coverage through a now-defunct self-insurance trust could not collect damages from the insurance broker that had marketed the comp plan to them.

Fopiano v. Stern, B248444, (02/26/2014): A California appellate court ruled that an injured worker's malpractice suit against his former comp attorneys should not have been dismissed as time-barred. 

Meyers v. Board of Administration for the Federated City Employees Retirement Fund, H038351, (02/28/2014): The 6th District Court of Appeal ruled that substantial evidence did not support a finding that a municipal worker, who was deemed permanently disabled by a workplace fall in a comp proceeding, did not qualify for disability retirement benefits. 

Flores v. City of San Diego, D062708, (02/28/2014): The California 4th District Court of Appeal rejected the city of San Diego's bid to overturn a jury award of $522,337.58 to a former city mechanical inspector who was terminated after failing to persuade his supervisors that the permanent work restrictions imposed by the agreed medical evaluator in his workers' compensation claim were overbroad and that he could continue doing his job.

 

 

 

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