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Employee of Independent Contractor May Sue Hiring Party for Injuries
10/23/2018
A California appellate court ruled that the employee of an independent contractor was properly allowed to proceed with a tort claim against a property owner that had negligently retained control over the safety conditions at the job site.
Case Sandoval v. Qualcomm Inc. No. D070431 10192018
Category: News
Jury Convicts Doctor of Fraud, Lying to Medical Board
10/09/2018
letter said Cox worked for ASAP since July 2014 as an independent contractor evaluating patients for potential neurological problems.
Workman said Coxs evaluations and reports were at the highest level of excellence insightful comprehensive as well as timely. Workman said referring physicians
Category: News
UR Fraud Case Reaches Golden State
10/03/2018
. Sedgwick is quick to point out that Panos wasnt its employee or contractor. He was under contract with Dane Street which Sedgwick said was an independent vendor.
Segwick and Gallagher Bassett are offering affected claimants two years of free identity theft protection and credit monitoring.
Robert
Category: News
Federal Law Doesn't Pre-Empt Common-Law Misclassification Test
09/11/2018
the California Supreme Court in S.G. Borello & Sons v. Department of Industrial Relations to determine whether a worker is an employee or an independent contractor.
The court also noted that it has applied the Borello standard when assessing misclassification claims in the motor carriage industry
Category: News
Resolution Seeks Special Session to Address Dynamex Decision
08/29/2018
A Republican lawmaker is asking the governor to call a special session to address employer concerns about a new test that the California Supreme Court created to determine who is an independent contractor.
Assemblywoman
Melissa Melendez
Assemblywoman Melissa Melendez R-Lake Elsinore
Category: News
Oil Well Owner Had No Liability to Contractor's Employee for Injuries
08/22/2018
Verdugos suit.
The Privette rule arises from the 1993 decision in Privette v. Superior Court which stands for the rule that employees of independent contractors cannot sue the hirer of the contractor for work-related injuries. Instead the injured employee is limited to workers compensation remedies
Category: News
Homeowner Qualified as Tree Trimmer's Employer but Had No Tort Liability for Worker's Fall
06/13/2018
statutory employer under Labor Code Section 2750.5 and that Beckendam had a duty to provide a safe workplace.
Section 2750.5 provides that any person performing an activity for which a license is required must actually have the license in order to be treated as an independent contractor.
In the
Category: News
Privette Doctrine Barred Tort Claims Against Homeowner for Worker's Fatal Fall
05/23/2018
received workers compensation benefits from JKD after his death. The family also filed a civil suit against Kalkat.
Kalkat moved for summary judgment dismissing the familys claims. He argued that he owed no duty of care to Gudino as the employee of an independent contractor.
Generally a party who
Category: News
Report: Interpreters Question Part of NLRB Ruling Requiring Reclassification as Employees
05/14/2018
want to be contractors according to CWCIA.
Independent contractor status allows interpreters to set their own schedules and rates and take advantage of tax write-offs. Making contractors employees of the Workers Compensation Appeals Board would likely lead to a decrease in income and limit their
Category: News
High Court IDs Test to Distinguish Employees From Contractors
05/01/2018
Californias Supreme Court on Monday laid down a simple three-part test to determine whether a person is an employee of an independent contractor in a ruling that could have implications for workers compensation and the gig economy.
Chief Justice Tani
Cantil-Sakauye
The three-part
Category: News
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