Oct 30 - Nov 1
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Case Law Library
Bentley v. IAC
Atty. fees not to be fixed; Bd. evaluation protects applicant, encourages representation.
75 Cal.App.2d 547, 11 CCC 204
WCC 27171946 CA
Bergenstal v. WCAB
Certain medical practitioners, who do not come within Labor Code section 3209.3, are authorized to provide services to an injured worker if the employer consents.
45 Cal.App.4th 1272, 61 CCC 437
WCC 4092001 CA
Berkebile v. WCAB
Widow's claim filed within 240 weeks of her first knowledge of illness was timely filed.
144 Cal.App.3d 940, 48 CCC 438
WCC 25221983 CA
Betancourt v. WCAB
The Code provides for and authorizes chiropractic treatment.
16 Cal.App.3d 408, 36 CCC 186
WCC 4111971 CA
Bethlehem Steel Corp. v. IAC
In reviewing award of IAC, questions not raised on application for rehearing won't be considered.
106 Cal.App.2d 373, 16 CCC 210
WCC 26571951 CA
Betson v. Rite Aid Corp
The 2nd District Court of Appeal ruled that evidence of a supervisor's hostile treatment of an injured retail worker precluded summary judgment on the worker's claims of discrimination and retaliation for her disability and for taking medical leave.
WCC 39522012 CA
Betsworth vs. WCAB
Discussion of contempt before WCJ.
26 Cal.App.4th 586
WCC 29301994 CA
Beverly Hills Multispecialty Med. Grp. v. WCAB
Lien claimants entitled to due process in work comp proceedings; failure to serve defense med. reports/notice of fraud allegations denies fair trial, is reversible per se.
26 Cal.App.4th 789, 59 CCC 461
WCC 3961994 CA
Beverly Hilton Hotel, Hilton Hotels Corp. v. WCAB (Boganim)
Because the WCAB's decision was not a final determination of claimant's right to vocational rehabilitation benefits and because section 139.5 has been repealed, he is not entitled to vocational rehabilitation benefits.
WCC 35572009 CA
Today's Round Up
GA - Inadequate Fall Protection Leads to Citations Against Contractor
0 min read
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
0 min read
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
0 min read
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
0 min read
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
0 min read
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 - 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 - Four Deputies at Las Vegas Shooting File Comp Claims
CA - Last Round of Briefs Filed Ahead of Hearing on Lien Stay Injunction
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
Oct 19, 2017
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