Oct 30 - Nov 1
Comp Laude® Awards and Gala
Manchester Grand Hyatt San Diego
Case Law Library
Golchini v. State
The exclusive remedy of workers' compensation barred a student librarian's suit against the Board of Trustees of California State University.
WCC 386329012 CA
Gold v. City of San Diego
[Unpublished] Because there is no requirement that a preexisting injury be documented in a written report to qualify it as service connected, and based on the showing that claimant's 2005 injury was an aggravation of a preexisting back condition that was work related and not the result of a congenital condition, claimant is entitled to the industrial leave benefit.
WCC 35602009 CA
Gomez v. LA County Employees Retirement Assn.
A former deputy sheriff with a history of on-duty back injuries and an aggressive tumor in his spine was not entitled to service-connected disability retirement benefits.
WCC 39342012 CA
Gomez v. Sharon Baptist Bd. of Directors, Inc.
There has been no finding that either SMC or its agents were negligent let alone that such negligence proximately caused plaintiff's injuries. Accordingly, summary judgment on the contractual indemnification claim is premature.
4229 23476/04 84824/05
WCC 34412008 CA
Gonzales v. WCAB
Worker not entitled to TTD after date of retirement because no earning capacity.
68 Cal.App.4th 843, 63 CCC 1477
WCC 24891998 CA
Gonzalez v. ATI Systems International
An accountant who was fired after he used all the 12 weeks of unpaid leave allowed to him while recovering from a surgery has a valid discrimination claim that should go to trial, the California 2nd District Court of Appeal ruled.
WCC 37642011 CA
Gonzalez v. Luzaich Striping, Inc.
[Unpublished] Plaintiff does not claim on appeal that he was improperly terminated because of his alleged disability. Rather, plaintiff contends that it is employer's failure to rehire and/or failure to accommodate him in the rehiring process that represents the actionable disability discrimination. This argument is meritless.
WCC 33392008 CA
Gonzalez v. WCAB (Hunt Wesson)
Applicant not entitled to TTD after date of retirement (NOTE: distinguishing cases cited within opinion).
68 Cal.App.4th 843
WCC 28191998 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 …