Oct 30 - Nov 1
Comp Laude® Awards and Gala
Manchester Grand Hyatt San Diego
Case Law Library
John Futrell et al. v. Payday California, Inc., et al.
A class action suit against a payroll company for unpaid overtime and other wages failed because the payroll company was not his employer, the 2nd District Court of Appeal concluded in a published opinion.
WCC 36962010 CA
Johnson v. John Deere Landscapes, Inc.
[Unpublished] Although the special employment factors do not unanimously favor a finding of special employment, there is no requirement of unanimity and there was no error in finding that John Deere Landscapes, Inc. was Claimant's 'special employer' and thus the relationship falls under the exclusive remedy provision.
WCC 33342008 CA
Johnson v. Pacific International Bearing, Inc.
Substantial evidence supported a jury's determination that an employer had not fired a poorly performing salesman with a history of lying to his boss because of a known or perceived physical disability.
WCC 39662012 CA
Johnson v. WCAB (City of LA)
Time limit for filing begins when WCJ issues a clarification of issues based in Petition for Reconsideration.
54 CCC 256
WCC 27331989 CA
Johnson v. WCAB (TWA)
Printing costs awarded to worker in answering petition for writ of review.
37 Cal.3d 235, 49 CCC 716
WCC 26241984 CA
Johnston v. Kelly
An employer defeated a plaintiff's motion to strike a malicious prosecution suit that emanated from a failed Labor Code 132a claim.
WCC 38422012 CA
Jones v. 414 Equities LLC
In light of the brevity of the delay, the absence of prejudice to plaintiff and the public policy favoring the resolution of disputes on their merits, Supreme Court properly granted the general contractor's cross motion to serve a late answer.
WCC 34442008 CA
Jones v. California Department of Corrections and Rehabilitation
For conduct committed within the scope of employment, employees, like their employers, should not be held subject to suit. There are, however, statutory exceptions to coemployee immunity. A civil suit is permissible when an employee proximately causes another employee's injury or death by a 'willful and unprovoked physical act of aggression.'
152 Cal. App. 4th 1367
WCC 32332007 CA
Today's Round Up
OH - Woman Ordered to Pay Restitution for Spending Dead Boyfriend's Benefit Funds
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.
WA - L&I: Unregistered Contractor Behind on Premium Payments
The Washington state Department of Labor and Industries said a contractor charged with felony theft for collecting payments for projects he never started owed $6,500 in workers’ compensation premiums and another $12,000 for unregistered contracting.
Jesse Scott Espinoza, owner of Jesse’s Custom Concrete, is accused of accepting a total of $5,000 in down payments for two jobs that he allegedly abandoned. According to L&I, Espinoza did not work a single day on either project and never returned the money.
What’s more, the department said it suspended Espinoza’s .
CA - Former DIR Director Duncan Joins Sacramento Lobbying Group
0 min read
Cal Capitol Group, a lobbying firm in Sacramento, announced that former Department of Industrial Relations Director John Duncan joined the company as a senior executive.
Duncan was director of the DIR from 2007 to 2011, and served as chairman of the California Public Employment Relations Board from 2004 to 2007.
He worked as vice president of government affairs for US HealthWorks from 2012 to 2016, and held the same title at Western Dental Services, where he worked since 2016.
Cal Capitol Group said Duncan’s expertise and communication skills, as well as his contacts an.
CA - CAAA Takes Swing at Governor Over Veto of Apportionment Bill
CA - Court Affirms Dismissal of Disbarred Work Comp Attorney's Distress Claim
CA - Four Deputies at Las Vegas Shooting File Comp Claims
CA - Number of QMEs Falls as Panel Requests Increase
CA - Judge Postpones Sentencing of Drobot Jr. Until February
CA - Court Revives Worker's Discrimination Claim
CA - Decision Says Claims Had Preclusive Effect on Discrimination Suit
CA - DOJ Moving to Allow Direct Access to Prescription Database
CA - Employer Pays $310,000 in Settlement Over Worker Death
PA - Republican Senators Seek to Introduce Formulary Bill
Oct 30 – Nov 1, 2017
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Nov 4, 2017
Hearing and Lien Representativ
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RIMS ERM Conference
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