Oct 30 - Nov 1
Comp Laude® Awards and Gala
Manchester Grand Hyatt San Diego
Case Law Library
21st Century Insurance Company v. The Superior Court Of San Diego County
In cases like this, where the insured does not dispute that the settlement adequately compensated her damages, a pro rata apportionment requires the insurer to account for its fair share of the attorney fees by reducing the amount of reimbursement to cover some portion of those fees.
WCC 35582009 CA
99 Cents Only Stores v. WCAB
Non-attorney not entitled to full attorney rate for depo fees; analysis same as attorney.
80 Cal.App.4th 644, 65 CCC 456
WCC 25602000 CA
A.M. v. Albertsons, LLC.
Under the FEHA, the failure to accommodate and the failure to engage in the interactive process in determining a reasonable accommodation for a known physical disability are separate claims. Once a reasonable accommodation has been granted, the employer has a duty to provide that accommodation. Failure to do so, even on a single occasion, can support a cause of action for damages sustained by the failure as this is in line with the intent of the FEHA and the public policies behind the provision.
WCC 35722009 CA
Abdelrahim v. Guardsmark LLC
In regards to negligence claims. No civil action will stand where a claimant alleges facts that place the claim squarely within the purview of workers' compensation statutes, and fails to allege facts negating the exclusivity rule.
WCC 35792009 CA
Abraham vs. WCAB (City of Buena Park)
WCAB ruling on PERS disability issue does not alter limitation to bring action within 5 years from date of injury.
113 Cal.App.4th 1082
WCC 29592003 CA
Ackerman v. Poway Unified School District
[Unpublished] The equitable tolling doctrine does not allow Plaintiff to forego a timely filing of a court action or other proceeding to seek formal redress of injury, within the statutory periods set by the Act.
WCC 35752009 CA
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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 - Judge Postpones Sentencing of Drobot Jr. Until February
CA - San Diego Sheriff's Deputy Pleads Not Guilty to Fraud Charges
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