California Case Law Update
Friday, June 19, 2015 | 0
NEW! People v. Johns, E061814, (06/05/2015): A California appellate court ruled that a criminal who was found guilty of inflicting great bodily injury on a peace officer was properly ordered to pay restitution to the injured officer for the officer's time off work, even though the officer was already compensated for her loss through the comp system.
NEW! Lopez v. Fishel Co., G049678, (05/28/2015): A California appellate court ruled that a worker or his attorney ought to be subject to sanctions for filing a meritless challenge to the dismissal of the worker's negligence claim against his employer for his injuries from an on-the-job truck accident.
NEW! South Coast Framing v. WCAB (05/29/2015): The California Supreme Court ruled that an appellate court incorrectly applied the causation standard for tort cases when it vacated an order awarding death benefits to the family of a man who overdosed on prescription drugs.
NEW! HCF Insurance Agency v. Patriot Underwriters, B257715, (05/27/2015): The 2nd District Court of Appeal rejected a bid by Patriot Underwriters to force arbitration of a Los Angeles insurance broker's claims of fraud and antitrust violations stemming from the carrier's refusal to enter into a captive insurer agreement.
Arrendondo v. Tri-Modal Distribution Services Inc., SCIF, ADJ2440992, (05/12/2015): A failure by the state's independent medical reviewer to comply with the statutory deadlines for issuing decisions doesn't render the untimely decision invalid, according to a divided Workers' Compensation Appeals Board.
Lozano v. WCAB (SCIF), B258000, (05/13/2015): The California 2nd District Court of Appeal ruled that a 2009 amendment to the Labor Code expanding the scope of the presumption of industrial causation for firefighters can apply retroactively to a firefighter who died of stomach cancer a year before the statute became effective.
Kimco Staffing Services v. State of California, B257258, (05/08/2015): The Labor Code's prohibition on allowing temporary services employers and leasing employers to self-insure their workers' compensation liabilities passes constitutional muster, the California 2nd District Court of Appeals ruled.
Jensen v. Krauss, F067851, (05/05/2015): A California appellate court ruled that a clerical worker for a dentist's office who received free dental care as a benefit of her employment was limited to a recovery through the workers' compensation system for her nerve injury from a treatment by her employer.
People v. Gracy, B258530, (04/30/2015): A California appellate court upheld an award of restitution to an injured prison worker for the overtime pay he lost as a result of his injuries from an assault by an inmate.
Speer v. Commissioner of Internal Revenue, 581-2, (04/16/2015): Lump-sum payments an injured Los Angeles Police Department detective received upon his retirement for unused vacation and accrued sick leave do not constitute payments for a personal injury or illness in lieu of workers' compensation. Accordingly, these payments could not be excluded from the calculation of his gross income for tax purposes, the United States Tax Court ruled.
Cockrell v. Farmer's Insurance, Nos. ADJ504565, ADJ2584271,The Workers' Compensation Appeals Board has for the second time rescinded an award ordering a workers' compensation insurance carrier to reimburse an injured worker for his self-procured medical marijuana.
In re Ronald F., No. A141990, (03/25/2015): A minor whose conduct while committed to a youth rehabilitation facility resulted in injury to a county employee was properly ordered to pay restitution to the county to cover the cost of the employee's workers' compensation claim.
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