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General Contractor Gets Summary Judgment Tossing Claims by Subcontractor's Injured Employee
10/05/2021
A California appellate court upheld a grant of summary judgment to a general contractor dismissing the tort claims by a subcontractors injured employee as being barred by the Privette doctrine.
The Santa Monica Seafood Co. hired Design Group Facility Solutions Inc. as the general contractor to
Category: News
Affirmative Defense Options Could Make or Break Employer's Case, Defense Attorneys Say
09/20/2021
-dozen affirmative defenses attorneys can use including that an injured worker is an independent contractor was intoxicated at the time of injury or that the employee was engaged in willful misconduct when the injury occurred.
Employers also may be able to argue against a claim if a defense
Category: News
Court Revives Injured Worker's Claim Against Property Owner, Finds Privette Doctrine Inapplicable
09/17/2021
Privette v. Superior Court provides that if an employee of an independent contractor is injured on the job he generally cannot sue the hirer of that contractor.
Hernandez contended that Skybox was the hirer in this case not Alfinito.
Analysis The Court of Appeal for the 6th District of California
Category: News
High Court Says Qualcomm Not Liable for Severe Burns Suffered by Contractor's Employee
09/14/2021
motion for judgment notwithstanding the verdict but granted a motion for a new trial on the basis that the jury improperly apportioned liability. An appellate court affirmed.
The Supreme Court in Sandoval v. Qualcomm handed down Thursday said that when a person or organization hires an independent
Category: News
High Court Declines to Expand Privette Doctrine
08/23/2021
Californias Supreme Court said it would not create a third exemption to the so-called Privette doctrine that would expose to liability a party hiring an independent contractor for known hazards for which the contractor is unable to adopt reasonable safety precautions.
We conclude that under
Category: News
Court Upholds Contractor's Conviction Arising From Fatal Accident, Reduces Sentence
08/19/2021
the employer is required to make contributions and withhold taxes; where an independent contractor performs services for a principal the principal is not required to withhold taxes or make contributions the court explained.
At trial the parties agreed that the judge should make the
Category: News
IBR or Simpler Method Should Resolve Geographic Pricing Disputes, Stakeholders Say
07/13/2021
Geographic pricing disputes should be resolved by independent bill review but the California Division of Workers Compensation needs to establish new procedures or streamline existing methods to handle relatively small issues that can cause big problems and costly delays for carriers and
Category: News
Privette Doctrine Doesn't Entitle Property Owner to Summary Dismissal of Worker's Claim
05/19/2021
knowledge of the defect.
Painter appealed.
Analysis The Court of Appeal for the 5th District of California explained that state law will not attribute knowledge of the defect to Amin if the person who installed the ladder was a construction professional acting as a genuine independent contractor
Category: News
Worker Who Fell From Tree Can't Assert Tort Claim Against Apartment Owner, Manager
03/17/2021
sustained injuries when he fell out of a tree he was trimming at an apartment complex owned by the Kirby Manor Corp. Hallmark Realty managed the complex.
Kirby and Hallmark had an agreement that identified Hallmark as both an independent contractor hired by Kirby and Kirbys agent.
Hallmark hired
Category: News
Security System Installer Can't Sue Homeowners for His Fall Down Stairs
03/17/2021
stairs.
A trial court judge granted the motion.
Analysis The Court of Appeal for the 4th District of California said the nonsuit was appropriate.
The court explained that generally the hirer of an independent contractor is not liable for on-the-job injuries to the independent contractors
Category: News
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