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Coque v. Wildflower Estates Developers, et al.

12/18/2020
contractor. Indeed an action against the employer is barred by Workers' Compensation Law § 11. Yet the same principles apply regardless of the identity of the defendant since precluding recovery of damages for lost wages in Labor Law cases would provide a windfall to defendants and more important

Category: Cases

WilsonKris

05/01/2019
Margolin-Greene Workers Compensation l5 Reform Act of 1989 with the express intent of establishing a new and higher threshold of compensability t6 for psychiatric injuries. Lockheed Martin corp. v. lorkcrs' comp. Appeals Bd. Mccullough 2002 t7 96 Cal.App.4th 1237 1242 67 Cal.Comp.Cases 245

Category: Panel

Employer Controlled Medical Treatment

07/29/2006
had upheld the right of the provider to a fair notice and a hearing prior to removal from the list of preferred provider status. This did not involve a workers' compensation case but was analogous. However in the case of Palm Medical Group v. State Compensation Insurance Fund

Category: Industry Insights

Perera v. United States Fidelity and Guaranty Co.

12/17/2020
Estes and its employees would pay 5 million and provide a written waiver of the workers' compensation lien. Although not stated in the stipulation the negotiated settlement provided that the 5 million would be paid as follows 750000 from Estesfn5 500000 from Cigna and 3.75 million from Chubb

Category: Cases

Fontenot v. Patterson Insurance

12/17/2020
of costs. Opinion Footnotes fn1 The City-Parish had through an intervention in the Fontenots' suit sought recovery for medical expenses and workers' compensation benefits paid to Mr. Fontenot and for the damage to the vehicle driven by Mr. Fontenot. However only the vehicle

Category: Cases

Hoffman v. The Superior Court of Orange County

12/18/2020
and did aid and abet solicit and conspire with another to do the same; to wit By adding an additional charge for 3d MRI under CPT Code 76375 to each healthcare claim submitted for the following workers compensation patients 10 names listed. PH Exhibit #6.” 19.       

Category: Cases

Wood v. Safeway, Inc.

12/17/2020
the risk to the employee.fn32 This test is analogous to the reasoning employed by this court in Cummings v. United Resort Hotels Inc.fn33 and McColl v. Scherer.fn34 However workers' compensation statutes do not apply "when the animosity or dispute which culminates in the assault is imported into

Category: Cases

Murray v. Alaska Airlines, Inc.

12/17/2020
the principles we explained in Sims in various factual settings. For example in Rymer supra 211 Cal.App.3d at page 1179 an employee Rymer filed an administrative complaint with the Workers' Compensation Appeals Board WCAB against his employer seeking compensation for injuries resulting from a

Category: Cases

Kedy v. A.W. Chesterton Co.

12/18/2020
in this courtroom in Rhode Island than in anyplace in Canada ." The plaintiffs also acknowledged that in Canada they would receive damage awards only in an amount over and above any money awarded to Canadian workers' compensation boards who are unnamed in the underlying cases but remain "true

Category: Cases

Francis v. Coastal Oil & Gas Corp.

12/17/2020
. fn2 Francis's employer Reeled Tubing Inc. an independent subcontractor at Coastal's premises was a workers' compensation subscriber. Accordingly the Labor Code barred Francis from recovery against Reeled Tubing and also barred any third party from recovery against Reeled Tubing. See Tex. Lab

Category: Cases

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