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Court Publishes Decision That Privette Doctrine Bars Worker's Claim

09/30/2022
an independent contractor delegates to the contractor all responsibility for workplace safety. A trial judge found the doctrine applicable and granted the motion. The Court of Appeals for the 3rd District of California affirmed. The court said the lodge delegated to Gelatini the duty to

Category: News

3rd DCA Orders Publication of Decision Finding Privette Doctrine Barred Worker's Suit

09/15/2022
at the job site. McCullar filed suit against SMC seeking damages. A trial court judge found the Privette doctrine applied and granted summary judgment for SMC. The Privette doctrine is a presumption that a hirer of an independent contractor delegates to the contractor all responsibility for

Category: News

Privette Doctrine Bars Worker's Tort Claim

09/07/2022
summary judgment. The Privette doctrine is a presumption that a hirer of an independent contractor delegates to the contractor all responsibility for workplace safety. A trial judge found the doctrine applicable and granted the motion. The Court of Appeals for the 3rd District of California said

Category: News

Privette Doctrine Bars Employee of Contractor From Bringing Personal Injury Suit

09/01/2022
filed suit against SMC seeking damages. A trial court judge found the Privette doctrine applied and granted summary judgment for SMC. The Privette doctrine is a presumption that a hirer of an independent contractor delegates to the contractor all responsibility for workplace safety. McCullar

Category: News

Privette Doctrine Bars Parents' Suit for Worker's Death

08/19/2022
workers like Ayala. The doctrine holds that a hirer of an independent contractor is typically not liable for the contractor's negligence. A trial judge found the doctrine applied to bar liability against Tyler. The Court of Appeal for the 2nd District of California said that under the Privette

Category: News

Privette Doctrine Bars Injured Worker's Suit Against General Contractor

06/28/2022
defendants for negligence and loss of consortium. Alston moved for summary judgment. Alston argued that as a general contractor it was not liable for work site injuries suffered by an independent contractor's employee. Alston reasoned that it neither retained control over work site safety conditions nor

Category: News

Most Comp Bills Pass Ahead of Deadline

05/31/2022
Commission on Health and Safety and Workers Compensation to complete by Jan. 1 2024 a report assessing whether employers with poor work comp risks are reclassifying workers as temporary staff or labor contractor employees to doge work comp costs. On Tuesday the Senate voted 28-9 to pass SB 1127 by

Category: News

Assembly Committees Hear Comp Bills Wednesday

03/28/2022
temporary staffers. The Assembly Labor and Employment Committee is scheduled to deliberate AB 2614 by Assemblyman Freddie Rodriguez D-Chino which would require a client employer to procure valid comp coverage for contracted workers independently of any coverage maintained by a labor contractor. The

Category: News

Privette Doctrine Doesn't Bar Suit by Subcontractor's Employee

03/09/2022
dismissing the complaint on the basis of the Privette rule. The Privette rule arises from the 1993 decision in Privette v. Superior Court which stands for the general principle that employees of independent contractors cannot sue the hirer of the contractor for work-related injuries. The trial court

Category: News

Bill Would Permanently Exempt Manicurists From ABC Test

02/09/2022
independent contractor. The test presumes a worker is an employee unless the hiring party proves the person is free from control and direction; is performing work outside the usual course of business for the hiring entity; and is customarily engaged in an independently established trade. Lawmakers have

Category: News

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