Oct 30 - Nov 1
Comp Laude® Awards and Gala
Manchester Grand Hyatt San Diego
Case Law Library
Martinez v. WCAB
Resumption of VR valid where 'initial' request for VR was timely, services placed on hold but not terminated.
84 Cal.App.4th 1079
WCC 27912000 CA
Martinez v. WCAB
Jurisdiction for VR benefits continues once properly established.
84 Cal. App. 4th 1079, 65 CCC 1253
WCC 3622000 CA
Marvel v. Superior Ready Mix Concrete
[Unpublished] Rule 3-700(C)(1)(a) of the Rules of Professional Conduct specifically allows an attorney to seek to withdraw where the client insists upon presenting a claim or defense that is not warranted under existing law and cannot be supported by [a] good faith argument for an extension, modification, or reversal of existing law.
WCC 33262008 CA
Mason v. Case
2801 may apply where employer failed to secure compensation or employment is outside of work comp.
220 Cal.App.2d 170, 28 CCC 293
WCC 3891963 CA
Mason vs. Lake Dolores Group
Injury that occurs after reporting to work but before 'clocking in' is not AOE/COE.
117 Cal.App.4th 822
WCC 29832004 CA
Massey v. WCAB
Death benefits apply regardless of whether child is a minor or an adult.
5 Cal.4th 674, 58 CCC 367
WCC 25241993 CA
Matea v. WCAB, The Home Depot (modified 12/12/2006)
Lumber falling from a rack in a store crushing the injured worker's leg was a 'sudden and extraordinary' event that caused compensable emotional injury under LC 3208.3 even though employment was less than 6 months.
144 Cal. App. 4th 1435
WCC 31942006 CA
Mathews v. WCAB
Initial physical aggressor cannot recover workers' compensation benefits.
6 Cal. 3d 719
WCC 31131972 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 …