Important Recent California Case Law
Friday, March 14, 2014 | 0
NEW! Fopiano v. Stern, B248444, (02/26/2014): A California appellate court ruled that an injured worker's malpractice suit against his former comp attorneys should not have been dismissed as time-barred.
NEW! Meyers v. Board of Administration for the Federated City Employees Retirement Fund, H038351, (02/28/2014): The 6th District Court of Appeal ruled that substantial evidence did not support a finding that a municipal worker, who was deemed permanently disabled by a workplace fall in a comp proceeding, did not qualify for disability retirement benefits.
NEW! Flores v. City of San Diego, D062708, (02/28/2014): The California 4th District Court of Appeal rejected the city of San Diego's bid to overturn a jury award of $522,337.58 to a former city mechanical inspector who was terminated after failing to persuade his supervisors that the permanent work restrictions imposed by the agreed medical evaluator in his workers' compensation claim were overbroad and that he could continue doing his job.
NEW! Dubon v. World Restoration, DJ4274323, (02/27/2014) and Navarro v. City of Montebello, ADJ6779197, (02/27/2014): The California Workers' Compensation Appeals Board released two en banc decisions providing guidance on when a utilization-review decision will go through the independent medical-review process, and when an applicant may obtain a new panel of qualified medical evaluators.
NEW! San Diego Unified School District v. WCAB (Agumaniz-Robledo), S215461, (02/26/2014): The California Supreme Court summarily denied review of a dispute over whether a self-insured employer's failure to give an injured worker notice of her rights under its medical provider network was effectively a denial of care, when the worker had, in fact, received treatment under the MPN for more than a year before abandoning it.
NEW! Little v. WCAB (Diversified Utility Services), 13-7631: The United States Supreme Court will not be reviewing a California worker's challenge to the state's statutory process for qualified medical evaluations.
NEW! Solus Industrial Innovations v. Superior Court, G047661, (02/24/2014): Federal law preempts the effort by a district attorney to recover civil penalties under California's Unfair Competition Law based on an employer's alleged violation of workplace safety standards.
NEW! Federal Insurance Co. v. WCAB (Johnson), S215843, (02/27/2014): The California Supreme Court denied review of an appellate court decision finding California did not have jurisdiction over the cumulative trauma claims of a former professional basketball player based on the fact that she had practiced and played one game in Los Angeles during the final season of her career.
NEW! County of Nevada v. WCAB (Lade), C074133, (01/29/2014): The California 3rd District Court of Appeal has denied rehearing of an injured deputy sheriff's claim that the "shift differential" pay he had received for working a night shift before he was injured should have been included in his Labor Code Section 4850 benefits.
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