Oct 30 - Nov 1
Comp Laude® Awards and Gala
Manchester Grand Hyatt San Diego
Case Law Library
Fenn vs. WCAB
Because actual work necessary to earn FLSA premium, time off due to work injury not count towards benefit rate.
107 Cal.App.4th 1292
WCC 29282003 CA
Ferguson v. WCAB
Increase per 4553 applies to entire award, not just indemnity.
33 Cal.App.4th 1613, 60 CCC 275
WCC 24091995 CA
Fermer v. Searles Valley Minerals, Inc.
A former mining worker created a triable issue of fact about whether his employer terminated him because of depression resulting from his boss'
WCC 36632010 CA
Fernandez vs. Lawson
Reliance on license status of contractor under LC 2750.5 is factual issue for trial.
98 Cal.App.4th 388
WCC 28502002 CA
Ferreira v. Homeport Insurance Co,
A California appellate court ruled that the widow of a longshoreman who had failed to finalize a tentative agreement with his employer's insurance carrier for his industrial injury before his death could not sue the carrier for breaching the terms of the proposed agreement or for her emotional distress arising from the carrier's refusal to honor its terms.The court also said that the carrier could not sue the worker's estate for a lien on a recovery in any action against a third-party for the worker's industrial accident.
WCC 39152012 CA
Fidelity & Cas. Co. of NY v. WCAB (Harris)
Board may take further evidence only on issue being reconsidered; must give notice, opportunity to present evidence to parties.WCAB decides if good cause exists per S. 5803 to rescind a C&R agreement.
103 Cal.App.3d 1001, 45 CCC 381
WCC 27391980 CA
Fields v. State of California
A prison cook killed in a car accident while driving to work after a doctor's appointment related to her workers' compensation claim was not within the scope of her employment at the time of her death.
WCC 39392012 CA
Fireman's Fund Insurance Co. v. WCAB
Where the law is unsettled regarding CIGA's liability, a party negotiating with CIGA should ordinarily be entitled to rely on CIGA's reasoned evaluation of its own authority.
WCC 35952010 CA
Today's Round Up
NY - Activists Protest Proposed WCB Changes to Impairment Rating Method
0 min read
Groups of workers' advocates have continued to pressure the state Workers' Compensation Board to not adopt rules that would change how impairment ratings are decided — a move, they say, that would reduce benefits.
The Albany Times-Union reported Wednesday that activists in Buffalo, Brooklyn, Hauppauge and Long Island were set to submit "thousands of petitions" to their local Workers' Compensation Board offices, as well as to the board's headquarters in Menands.
The New York Committee for Occupational Safety and Health has come o.
CA - Governor Appoints Parisotto as AD
0 min read
Gov. Jerry Brown appointed George Parisotto as administrative director of the Division of Workers’ Compensation.
Parisotto served as acting administrative director since February 2016, when Destie Overpeck left the agency for a position with the State Bar of California.
He joined the DWC in 1998 and has held positions including acting chief counsel and industrial relations counsel during his tenure.
Prior to joining the DWC, Parisotto was a workers’ compensation claims examiner for the U.S. Department of Labor’s Energy Employees Occupational I.
NV - Insurance Division Schedules Hearing on Proposed TPA Rules
0 min read
The Nevada Division of Insurance will hold a hearing Oct. 25 on proposed rules relating to financial statements filed by third-party administrators.
Nevada law requires newly formed businesses to file a balance sheet with estimated income and expenses for the first year, and evidence that the third-party administrator can pay its obligations as they become due.
The proposed rules would require businesses to file a financial statement that has been reviewed by an independent certified public accountant.
The requirement that each application for a certificate of registration as an administrat.
CA - CAAA Takes Swing at Governor Over Veto of Apportionment Bill
CA - DWC Suspends 3 More Providers From Comp System
CA - Supreme Court Won't Disturb Decisions on Skin Condition, Travel Injury
CA - Court Affirms Dismissal of Disbarred Work Comp Attorney's Distress Claim
CA - Four Deputies at Las Vegas Shooting File Comp Claims
FL - Ex-JCC Castiello Says Nominating Commission Followed Improper Rules
NATL. - Research Links Job Stress With Work Injuries
CA - Governor Vetoes Bill Requiring Small Business Rep on State Fund Board
CA - San Diego Sheriff's Deputy Pleads Not Guilty to Fraud Charges
CA - Judge Postpones Sentencing of Drobot Jr. Until February
Oct 30 – Nov 1, 2017
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