Case Law Library
| Case Name: | Tverberg et al. v. Fillner Construction | 01/26/2012 | |
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| Summary: | Ct. No. FCS028210) The trial court granted summary judgment to respondent Fillner Construction, Inc. (Fillner), and dismissed the personal injury action of appellants Jeffrey and Catherine Tverberg. Tverberg had more than 20 years experience in structural steel construction and held a state contractors license under the name of J. T. Constructiona sole proprietorship consisting exclusively of Tverberg. Tverberg alleged causes of action for negligence and premises liability; Catherine Tverberg pled a cause of action for loss of consortium. (Tverberg v. Fillner Construction, Inc. (2011) 193 Cal. App. 4th 1121, review granted July 13, 2011, S192804. )Third, the Tverbergs claim that the affirmative contribution is demonstrated by evidence that Fillner failed to cover the holes after Tverberg twice asked Fillner to do so. | ||
| Note: | A self-employed independent contractor can sue a general contractor under a theory of negligent exercise of retained control. | ||
| Citation: | A120050 | ||
| WCC Citation: | WCC 38492012 CA | ||
| Case Name: | Tverberg v. Fillner Construction (1st DCA decision) | 02/24/2011 | |
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| Summary: | Fillner contracted with subcontractor Lane Supply, which delegated the work to subcontractor Perry Construction, Inc. (Perry). Tverberg had more than 20 years' experience in structural steel construction and held a state contractor's license under the name of J. T. Constructiona sole proprietorship consisting exclusively of Tverberg. Finding that Fillner had established a complete defense to the Tverbergs' action, the trial court entered judgment for Fillner in November 2007. Third, the Tverbergs claim that the affirmative contribution is demonstrated by evidence that Fillner failed to cover the holes after Tverberg twice asked Fillner to do so. (Tverberg v. Fillner Construction, Inc. (2010) 49 Cal. 4th 518 (Tverberg). ) | ||
| Note: | Eight months after the California Supreme Court told a self-employed independent contractor that he could not sue a general contractor on a theory of vicarious liability, the 1st District Court of Appeal has now allowed Jeffrey Tverberg to sue the same general contractor under a theory of direct liability. | ||
| Citation: | A120050-2 | ||
| WCC Citation: | WCC 37202011 CA | ||
| Case Name: | Tverberg v. Fillner Construction (CA Supreme Court) | 06/28/2010 | |
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| Summary: | JEFFREY TVERBERG et al. , Plaintiffs and Appellants, v. FILLNER CONSTRUCTION, INC. , Defendant and Respondent. To do that work, Fillner hired subcontractor Lane Supply, which delegated the work to subcontractor Perry Construction Company, which then hired plaintiff independent contractor Jeffrey Tverberg as foreman of Perry's two-man canopy-construction crew. Tverberg, who had more than 20 years' experience in structural steel construction, held a state contractor's license under the name J. T. Construction, a sole proprietorship consisting exclusively of Tverberg. Although subcontractor Perry paid Tverberg on an hourly basis, it is undisputed that Tverberg was not Perry's employee but an independent contractor. Tverberg then sued general contractor Fillner and subcontractor Perry, which had hired Tverberg, seeking damages for physical and mental injuries and lost income under theories of negligence and premises liability. | ||
| Note: | A self-employed independent contractor cannot sue a general contractor for work-related injuries under a theory of vicarious liability. | ||
| Citation: | S169753 | ||
| WCC Citation: | WCC 36442010 CA | ||
| Case Name: | Twen. Cent.-Fox Film Corp. v. WCAB | 04/11/1983 | |
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| Summary: | TWENTIETH CENTURY-FOX FILM CORPORATION, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and KEVIN CONWAY, Respondents. The applicant was then involved in a minor traffic accident, and on the same day his screenplay was rejected by the story department. Dr. Alfred Bloch, a psychiatrist reporting on behalf of the applicant, diagnosed the applicant's psychiatric condition as: '1. Conway provides an extremely complex history of events in the course of his employment at 20th Century Fox Studios. [141 Cal. App. 3d 782] 'Apparently, Mr. Conway worked fairly consistently for Ralphs Supermarkets prior to employment in the film industry. | ||
| Note: | Judge erred by not discussing basis of opinion as to an employee's psychiatric injury. | ||
| Citation: | 141 Cal.App.3d 778 | ||
| WCC Citation: | WCC 24831983 CA | ||
| Case Name: | Tyler v. WCAB | 07/15/1997 | |
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| Summary: | BERNARD TYLER, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, METROPOLITAN LIFE INSURANCE COMPANY et al. , Respondents. OPINION HASTINGS, Acting P. J. - Facts Bernard Tyler (applicant) was employed by Metropolitan Life Insurance Company (employer) in April 1988 in its Pittsburgh, Pennsylvania office. The Workers' Compensation Appeals Board (WCAB or Board) adopted the WCJ's reasons for his decision in a two-page order denying reconsideration. Discussion Labor Code sections 5701 and 5906 authorize the WCJ and WCAB to obtain additional evidence, including medical, at any time during the proceedings. A WCAB decision reported in the California Workers' Compensation Reporter is a properly citable authority, especially as an indication of contemporaneous interpretation and application of workers' compensation laws. | ||
| Note: | WCJ cannot appoint an IME; Board empowered to obtain additional evidence to determine benefits. | ||
| Citation: | 56 Cal.App.4th 389 | ||
| WCC Citation: | WCC 3771997 CA | ||
