Oct 30 - Nov 1
Comp Laude® Awards and Gala
Manchester Grand Hyatt San Diego
Case Law Library
Kerner v. Superior Court of LA County
A California appellate court has published a 64-page decision overturning four pre-trial rulings in a long-running dispute between Los Angeles workers' compensation defense attorney Richard Widom, his former law firm and his ex-wife, who has twice accused him of beating her.
WCC 38982012 CA
Keulen v. WCAB.
New, uncontested med. evidence rebutted presumption that treating physician's findings were correct; Earlier treating physician's opinion no less relevant than QME's.
66 Cal.App.4th 1089, 63 CCC 1125
WCC 24121998 CA
Khoury v. Martha
A Sonoma County Superior Court did not err by admitting evidence of a plaintiff's prior work-related drug use at trial.
WCC 35962010 CA
Kielar v. Metropolitan Museum of Art
The museum did not have actual or constructive notice of any unsafe practices, and no issues of fact as to whether the museum was affirmatively negligent are otherwise raised.
4402 4402A 115524/04 591277/04
WCC 34422008 CA
Kifle-Thompson v. Board of Chiropractic Examiners
The Board of Chiropractic Examiners did not err when it upheld an administrative law judge's recommendation to revoke the license of a chiropractor who conspired to defraud insurance companies.
WCC 39142012 CA
King v. WCAB
Apportionment to preexisting disability must be based on evidence that preexisting condition was labor disabling.
231 Cal.App.3d 1640, 56 CCC 408
WCC 24761991 CA
Kinsman v. Unocal Corp.
Landowner hiring independent contractor liable for injuries if landowner knows about and fails to warn contractor of hazardous condition.
37 Cal. 4th 659
WCC 31332005 CA
Kirk v. First American Title Insurance Co.
We conclude that, under the circumstances of this case, automatic vicarious disqualification is not required, and that, instead, there is a rebuttable presumption that the attorney's knowledge of client confidences is imputed to the firm, which can be refuted by evidence that the law firm adequately screened the attorney from the others at the firm representing the adverse party. In addition, as the disqualified attorney has left the firm, the trial court's examination of the screen's adequacy should be on a retrospective, not prospective, basis.
WCC 37322010 CA
Klee v. WCAB
WCAB's order annulled when prior writs were attempts to delay payment.
211 Cal.App.3d 1519, 54 CCC 251
WCC 26291989 CA
Kleeman v. WCAB
SB 899 apportionment applies prospectively from the date of enactment of S.B. 899, regardless of the date of injury.
127 Cal.App.4th 274
WCC 30972005 CA
Today's Round Up
GA - Inadequate Fall Protection Leads to Citations Against Contractor
Equipping construction workers with fall-prevention harnesses, but allegedly not tying off the harnesses to arrest a fall, has led to federal citations against an Alabama-based subcontractor.
Structural Subcontractors Service LLC was issued citations last week for one willful and two serious safety violations by the U.S. Occupational Safety and Health Administration. The citations carry proposed penalties of $102,669.
OSHA launched an inspection of the business on July 7 as part of the agency’s regional emphasis program to limit falls in construction. OSHA compliance safety a.
PA - Contractor Faces $191K Fine for Scaffold Hazards
The owner of a New Jersey construction company has been cited for exposing workers to alleged hazards at a Philadelphia job site, including allowing employees to work on a scaffold that was too close to power lines.
The owner, Vyacheslav Leshko, faces $191,215 in proposed penalties from the U.S. Occupational Safety and Health Administration. OSHA last month issued citations to Leshko for eight repeat and two serious violations.
Responding to a complaint of unsafe working conditions, OSHA inspectors in March found employees performing masonry and bricklaying while on a scaffold that was dange.
AK - Contractor Drops Appeal of Fine for Fatal Accident
A contractor agreed to pay $280,000 in penalties for safety violations that resulted in the death of a worker, and an additional $12,500 for misclassifying the worker as an independent contractor.
The Alaska Department of Labor and Workforce Development said Mark Welty, operating as North Country Services, dropped his appeal of the $280,000 citation issued in February. He accepted the violations as “willful,” meaning he acted with indifference toward the health and safety of his employees, the department said in a statement.
Nicholson Tinker, 24, died Sept. 30, 2016, when a retai.
NATL. - Alliant Names New SVP/Pharmacy Practice Lead
Alliant Employee Benefits named Sal Morana senior vice president and pharmacy practice lead for hospitals and health systems as part of its expanding pharmacy consulting practice.
The company said Morana was a senior consultant in the national pharmacy practice of a global advisory and brokerage firm that Alliant didn’t identify in a statement released Monday. He had also had leadership positions in pharmacy divisions of other companies in the health care industry, according to Alliant.
Morana earned a doctorate degree in pharmacology and toxicology from Dartmouth Medical.
KS - Judge Orders State to Refund Money Swept Out of Work Comp Fund
A Kansas county judge has ordered the state to repay a little more than $3 million that it swept out of its Workers’ Compensation Fee Fund and other funds financed by user fees to balance the state budget during the height of the recession in 2009, the Lawrence Journal-World reported Wednesday.
Shawnee County Judge Franklin Theis issued the order late last month in response to a lawsuit brought by several group self-insurance pools. Former Speaker of the House Mike O’Neal, a Hutchinson attorney, represented the plaintiffs in the suit, according to the newspaper..
CA - Psychiatrist Facing Suspension Files Constitutional Challenge in Federal Court
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 - DWC Sends Suspension Notice to Embattled Marketer
CA - Last Round of Briefs Filed Ahead of Hearing on Lien Stay Injunction
CA - Four Deputies at Las Vegas Shooting File Comp Claims
NATL. - Research Links Job Stress With Work Injuries
FL - Ex-JCC Castiello Says Nominating Commission Followed Improper Rules
CA - Governor Vetoes Bill Requiring Small Business Rep on State Fund Board
Oct 18-19, 2017
AWCC 2017 Educational Conferen
Arkansas Workers' Compensation Commission 33rd Annual Educational Conference
October 18 &19, 20 …
Oct 18-19, 2017
The Nebraska Symposium is a two-day conference hosted jointly between the Workersâ€™ Compensa …
Oct 19, 2017
CSIAâ€™s 2017 Fall Confer
CSIAâ€™s Fall Educational Conference will be held on October 19, 2017 at the Walnut Creek Mar …