Oct 30 - Nov 1
Comp Laude® Awards and Gala
Manchester Grand Hyatt San Diego
Case Law Library
Barba v. Wal-Mart Transportation
[Unpublished] An employer's action for reimbursement against a third party tortfeasor is limited to recovery for damages proximately caused by the injury.
WCC 36052010 CA
Barclay v. Jesse M. Lange Distributor, Inc.
Property owner may be liable for injuries to independent contractor's employee where there was a breach in non-delegable regulatory duty.
129 Cal.App.4th 281
WCC 30982005 CA
Barnes v. WCAB
CA. Supreme Ct. rules that Sec. 5803 is still subject to Sec. 5804's strict limitation period.
23 Cal.4th 679, 65 CCC 780
WCC 26452000 CA
Barney v. National Gypsum Co.
A decedent's survivors could not avoid a stay on their wrongful death lawsuit by dismissing their workers' compensation claim against the decedent's potential employer.
WCC 38012011 CA
Baroid v. WCAB
Discussion of exceptions to 'going and coming' rule.
121 C.A.3d 558
WCC 28531981 CA
Barr v. WCAB
The WCAB retains discretion to award costs under Labor Code section 5811, whether or not a vocational rehabilitation consultant's report itself is admissible under Labor Code section 5703.
WCC 33872008 CA
Barragan vs. WCAB, Hartford
Worker who receives instruction and training in lieu of monetary remuneration is an employee.
195 Cal.App.3d 637
WCC 29781987 CA
Barrueta v. Ralphs Grocery Company
A trial court judge did not abuse his discretion in declining to grant class certification to a group of off-duty and retired peace officers who worked as security guards at various California grocery stores during a labor strike on their claims that they were misclassified as independent contractors.
WCC 39202012 CA
Bartholomew v. SeaRiver Maritime, Inc.
California's 1st District Court of Appeal has clarified the role of a maritime presumption about ship repair contractors in Longshore and Harbor Workers' Compensation Act suits against vessel owners, a defense attorney said.
WCC 37282011 CA
Today's Round Up
NV - WCS Schedules Basic Orientation Training
The Nevada Workers’ Compensation Section is holding basic orientation training sessions on Oct. 25.
The classes cover basic regulatory processes for the state’s workers’ compensation system, including a description of the forms needed when a workplace injury or occupational disease occurs.
Training will be held at the agency’s office, 1301 N. Green Valley Parkway, Suite 200, in Henderson. Training will be available via video conference at the Division of Industrial Relations building, 400 W. King St., in Carson City.
The first class is at 9:30 a.m. and the second is .
CA - DWC Posts Draft Benefit Notice Rules to Forum
The California Division of Workers’ Compensation posted proposed revisions to rules pertaining to notice requirements for denied claims to its online forum for public comment.
Senate Bill 1160 requires the DWC to adopt rules by Jan. 1, 2018, to provide workers with notice that they can access medical treatment outside the work comp system when a claim is denied. The proposed revision will add to benefit notices a statement saying, “Although your claim has been denied, if you believe that you still need medical treatment for your injury or illness, you have the right to obtain trea.
CA - Anne Schmitz Named WCAB Secretary
The Workers’ Compensation Appeals Board named Anne Schmitz as its secretary, effective immediately.
Schmitz, a deputy commissioner, served as acting secretary since Aug. 31. She is taking over the position on a permanent basis to replace Richard Newman, secretary and deputy commissioner, who is retiring.
Schmitz joined the Department of Industrial Relations as an attorney in 2010.
Newman joined the WCAB in 2016 after Rick Dietrich retired. Before taking over as secretary, Newman had served as chief judge of the Division of Workers’ Compensation since September 2011.
OH - Woman Ordered to Pay Restitution for Spending Dead Boyfriend's Benefit Funds
0 min read
The boyfriend died, but the workers’ comp checks kept coming.
Because 58-year-old Suzette Hedrick of Toledo, Ohio, cashed the checks, she has a choice of reimbursing the Bureau of Workers’ Compensation $18,576 or serve 10 months in prison, the BWC said in a press release Friday. A Lucas County judge on Oct. 5 sentenced Hendrik to five years of probation after she pleaded guilty to attempted grand theft, a fifth-degree felony, the bureau said.
Hendrick’s boyfriend, whom the bureau did not identify, was receiving permanent total disability benefits until his death on Oct. 3, .
TX - Imprisoned Doctors' Luxury Cars, Diamond-Covered Rolexes Up for Auction
0 min read
The federal government is auctioning off 21 luxury cars seized from two doctors who are serving long prison sentences for running a pill mill in Mobile, Alabama.
Gold jewelry and a series of Rolex watches covered in diamonds will also be auctioned Saturday at the Hilton Austin Airport, KSAT-TV 12 reports.
The items were seized from John Patrick Couch and Xiulu Ruan, who became rich from selling instant-release fentanyl drugs off-label for neck, back and joint pain. The highly addictive opioid, produced by a company called Subsys, was approved only to trea.
CA - CAAA Takes Swing at Governor Over Veto of Apportionment Bill
CA - Court Affirms Dismissal of Disbarred Work Comp Attorney's Distress Claim
CA - Number of QMEs Falls as Panel Requests Increase
CA - Four Deputies at Las Vegas Shooting File Comp Claims
NY - Activists Protest Proposed WCB Changes to Impairment Rating Method
CA - Limited Injunction to Apply Only to Liens Not Listed on DWC Website
CA - Judge Postpones Sentencing of Drobot Jr. Until February
CA - Decision Says Claims Had Preclusive Effect on Discrimination Suit
CA - QME Report Examines Impact of Suspended Providers, Med-Legal Agents
PA - Republican Senators Seek to Introduce Formulary Bill
Oct 30 – Nov 1, 2017
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