CALIFORNIA COMPENSATION CASES
Vol. 89, No. 8 August 2024
A Report of En Banc and Important Panel Choices of the WCAB and Chosen Courtroom Opinions of Associated Curiosity, With a Digest of WCAB Choices Denied Judicial Overview
CONTENTS OF THIS ISSUE
© Copyright 2024 LexisNexis. All rights reserved.
Lexis+ On-line Subscribers: You may hyperlink to your account on Lexis+ to learn the entire headnotes and courtroom selections, en banc selections, writ denied summaries, panel selections and IMR selections.
JUST CLICK ON THE CASE NAMES BELOW…
Appellate Courtroom Compensation Case
Subsequent Injuries Benefits Trust Fund v. W.C.A.B. (Vargas, Nancy)
Subsequent Accidents Advantages Belief Fund—Credit score Rights—Burden of Proof—Courtroom of Attraction, affirming WCAB’s order, held that Subsequent Accidents Advantages Belief Fund (SIBTF) was not entitled to credit score underneath Labor Code § 4753 for Social Safety Incapacity Insurance coverage (SSDI) funds that applicant, who had preexisting incapacity and was eligible…
Supreme Courtroom Case Not Originating with Appeals Board
Castellanos v. State of California
App-Based mostly Gig Employees—Proposition 22—Constitutionality and Enforceability—California Supreme Courtroom, affirming Courtroom of Attraction, held that (1) Enterprise and Professions Code § 7451, enacted by voters by way of Proposition 22 (Bus. & Prof. Code §§ 7448 et seq.), doesn’t battle…
Appellate Courtroom Circumstances Not Originating with Appeals Board
Bowen (Eugene) v. Burns & McDonnell Engineering Company, Inc.
Peculiar Threat Doctrine/Premises Legal responsibility—Utility of Privette Doctrine—Retained Management Exception—Courtroom of Attraction, affirming trial courtroom, held that hirers of impartial contractor had been entitled to abstract…
Brothers v. Heritage Logistics, LLC
Vicarious Legal responsibility—Employment Relationships—Workers vs. Unbiased Contractors—Courtroom of Attraction reversed trial courtroom’s judgment that, as matter of legislation, dump truck driver (driver) who hit and significantly injured plaintiff on building website whereas delivering asphalt bought…
Dominguez (Omar) v. Dish Network LLC
Compromise and Launch Agreements—Launch of Civil Claims Towards Employer—Identification of Appropriate Employer—Courtroom of Attraction, reversing trial courtroom’s grant of abstract judgment in favor of defendant Dish…
Federal District Courtroom Opinion of Associated Curiosity
California Trucking Association v. Bonta
Worker Classifications—Motor Carriers/Truck Drivers—Utility of “ABC” Check—Federal Preemption—District Courtroom for Southern District of California denied plaintiff motor carriers’ (plaintiffs) motions for preliminary injunction enjoining enforcement of “ABC” take a look at, as outlined in Dynamex Operations West, Inc. v. Superior Courtroom…
Appeals Board En Banc Choices
Gonzalez (Guillermo) v. The Bicycle Casino
Sanctions—Unhealthy Religion Actions—WCAB, after issuing discover of intent, en banc, imposed sanctions totaling $5,000.00 every in opposition to legal professional Susan Garrett and listening to consultant Lance Garrett pursuant to Labor Code…
Hidalgo (Abel) v. Roman Catholic Archbishop
Sanctions—Unhealthy Religion Actions—WCAB, after issuing discover of intent, en banc, imposed sanctions totaling $7,500.00 every in opposition to legal professional Susan Garrett and listening to consultant Lance Garrett pursuant to Labor Code…
Digests of WCAB Determination Denied Judicial Overview
The Cincinnati Reds LLC v. W.C.A.B. (Bates, Eric)
Proof—WCAB’s Responsibility to Develop Document—Due Course of—WCAB, granting reconsideration, upheld WCJ’s order deferring dedication of applicant skilled baseball participant’s intervals of non permanent incapacity and everlasting incapacity pending…
Different WCAB Choices Denied Judicial Overview
The Cheesecake Factory v. W.C.A.B. (Casarez, Yesenia)
Medical-Authorized Process—Further Certified Medical Evaluator Panels—WCAB, reversing WCJ, held that applicant who suffered industrial damage to her low again and left elbow, and claimed to have suffered worsening hypertension and blood an infection on account of fall on 2/6/2019 whereas…
City of Seaside v. W.C.A.B. (Garcia, Michael)
Petitions for Writ of Overview—Untimely Petitions—Courtroom of Attraction denied defendant’s Petition for Writ of Overview as untimely, when WCAB, by itself movement, had granted reconsideration of determination…
Employers Outsourcing, LLC v. W.C.A.B. (Vazquez, Martin)
Compromise and Launch Agreements—Adequacy—WCAB, denying elimination, affirmed WCJ’s order suspending approval of events’ compromise and launch settlement and setting matter for listening to based mostly on considerations…
Subsequent Accidents Advantages Belief Fund—Statute of Limitations—WCAB, denying reconsideration, affirmed WCJ’s discovering that applicant’s utility for Subsequent Accidents Advantages Belief Fund (SIBTF) advantages…
Appeals Board Panel Choices
Gonzalez (Francisco) v. Vermont Healthcare Center, LLC
Medical Supplier Networks—Launch from Medical Care—Second Opinion Course of—WCAB, granting reconsideration, held that applicant who was industrially-exposed to tuberculosis whereas employed as licensed…
Salcido (Ramberto) v. Waste Management Collection and Recycling
Medical-Authorized Process—Further Certified Medical Evaluator Panels—WCAB, granting reconsideration and making use of elimination commonplace, reversed WCJ’s discovering and held that applicant who filed declare for…
