Important Recent Case Law for California
Monday, September 23, 2013 | 0
NEW! Glenn v. Radiant Services Corp., B235741, (09/10/2013): An electrical contractor could not assert a viable claim against the owner and tenant of a building which he knew had antiquated electrical wiring, based on a latent condition that led to his injury in an arc flash, the 2nd District Court of Appeal ruled.
Southern California Edison v. WCAB (Martinez), B245118, (08/23/2013): The 2nd District Court of Appeal on Friday annulled an award of permanent and total disability benefits to a worker who was allegedly unable to hold down a job because of the combined effect of an industrial cumulative trauma injury and her fibromyalgia.
McNeley v. Swift Transportation Co. of Arizona, B243769, (08/12/2013): An injured truck driver could not prevail on his wrongful termination claim as a matter of law because his employer had made a reasonable accommodation for him by granting him a leave of absence and did not act wrongfully in terminating him when he failed to return to work once his leave was up, a California appellate court ruled.
Estrada v. City of Los Angeles, B242202, (07/24/2013): Volunteer police reserve officers for the City of Los Angeles are deemed "employees" of the city for the purpose of receiving workers' compensation benefits, but they are not "employees" for purposes of the Fair Employment and Housing Act, the 2nd District Court of Appeals ruled.
Acuna v. San Diego Gas & Electric, DP60064, (07/18/2013): A San Diego Gas & Electric Co. employee waited too long to file suit to pursue her discrimination claim, but may proceed with her claim that the utility retaliated against her for filing a workers' compensation claim, the California 4th District Court of Appeal ruled.
Valiente v. Custom Furniture & Cabinets Inc., ADJ7271105, (06/27/2013): A non-physician lien claimant who wished to obtain an applicant's medical records was required to file a petition for such access under newly-enacted Labor Code Section 4903.6(d) prior to the lien conference date, a Workers' Compensation Appeals Board panel ruled.Elster v. Fishman, B239651, (07/22/2013): Exclusive remedy did not protect a Los Angeles-based business and employment law firm from a sexual harassment claim by a legal secretary who objected to "pornographic" emails sent by one of the firm's lawyers, the 2nd District Court of Appeal ruled.
Beaumont-Jacques v. Farmers Group Inc., B239855, 07/11/2013: The California 2nd District Court of Appeals found that a district manager for an insurance carrier was an independent contractor, citing several reasons, including the fact that she had signed a contract stating she was not an employee.
The People v. Michael Vincent Petronella, G044628, (07/17/2013): The California 4th District Court of Appeals affirmed the conviction of a former roofing company owner who was sentenced to 10 years in prison for premium fraud and also allowed prosecutors to proceed with a separate appeal that could increase the restitution he owes by millions of dollars.
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