Oct 30 - Nov 1
Comp Laude® Awards and Gala
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Case Law Library
Hernandez v. DeGroot & Sons
[Unpublished] Where there is a tenable claim of concurrent negligence, the consideration that an injured worker has workers' compensation coverage is no bar to recovery from the concurrent tortfeasor.
WCC 32812007 CA
Hernandez v. Gray Lift, Inc.
A California corporation could assert workers' compensation exclusivity as an affirmative defense to a wrongful death claim filed by the family of a laborer who was killed while working for it, pursuant to a contract under the corporation's fictitious business name.
WCC 39042012 CA
Hernandez v. Target Corp.
[Unpublished] The trial court did not err in making the evidentiary rulings challenged by plaintiff, and plaintiff failed to exhaust her administrative remedies in connection with certain of her claims under the FEHA.
WCC 33192008 CA
Herrera v. CU Cooperative Systems
An employer defeated a pregnancy discrimination suit by showing that it had actually fired the plaintiff because she had coached a coworker on how to skip work
WCC 39802013 CA
Herrera v. WCAB
Board has discretion to credit wage payments after injury against disability benefits.
71 Cal.2d 254, 34 CCC 382
WCC 24631969 CA
Hershman v. Eisenberg Medical
5814 penalties imposed on insolvent carrier are 'covered claims' for CIGA to pay.
67 CCC 808 (En Banc)
WCC 28652002 CA
Hertz v. WCAB (Aguilar)
An employer is not responsible for any portion of a worker's permanent disability that is caused by pre-existing non-industrial factors.
WCC 35122008 CA
Hessong v. City and County of San Francisco
[Unpublished] Because a reviewing court is necessarily limited to the claims alleged in the underlying complaint, the trial court did not err in granting summary judgement on the cause of action that was pled in the original complaint.
WCC 32492007 CA
Hestehauge v. Charkins
Household employees under LC 3351, 3352 and 3715.
70 CCC 1294
WCC 31212005 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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