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Case Name | Bautista v. State of California | |
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Date | 12/06/2011 | |
Note | The 2nd District Court of Appeal issued a published decision affirming the dismissal of a lawsuit contending that the state of California failed to protect farm workers from heat-related illnesses. | |
Citation | B226102 | |
WCC Citation | WCC 38302011 CA |
BAUTISTA v. STATE MARGARITA ALVAREZ BAUTISTA et al. , Plaintiffs and Appellants, v. STATE OF CALIFORNIA et al. , Defendants and Respondents. The complaint alleges there is a constitutional duty on the part of the state to create a workers' compensation system that adequately protects the safety of farm workers in California. DISCUSSION This appeal presents two constitutional issues affecting the viability of appellants' lawsuit against the state and the named state agencies. Labor Code section 3300, subdivision (a) of the Workers' Compensation Act defines employer as, among others, "[t]he State and every State agency. "The individual plaintiffs include Margarita Alvarez Bautista, Ana Rosa Bautista, Socorro Rivera, Mauricia Calvillo, and Natividad Carrillo.
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