Oct 30 - Nov 1
Comp Laude® Awards and Gala
Manchester Grand Hyatt San Diego
Case Law Library
Astudillo v. Duggleby
[Unpublished] It is participation in creating the common fund, or the fund from which a lien may be satisfied, that is relevant to the application of section 3856. Nominal participation is not sufficient and 'the question of whether a party is an active participant in litigation is one of fact for the trial court to decide.
WCC 32612007 CA
Atlantic Richfield Co. v. WCAB
For partial dependency, widow must establish annual amount of support from husband's earnings.
31 Cal.3d 715, 47 CCC 500
WCC 25811982 CA
Aubry v. WCAB
Service of claim form is proper notice to employer for injuries in years 1990-93.
56 Cal.App.4th 1032, 62 CCC 870
WCC 24371997 CA
Audiss v. City of Rohnert Park
Defendant is entitled to the benefit of Labor Code section 4658(d)(3)(A), as agreed upon by the parties in their Stipulated Award.
WCC 34392007 CA
Avalon Bay Foods v. WCAB
No penalty if reimbursable medical expense paid within 60 days of receipt.
18 Cal.4th 1165, 63 CCC 902
WCC 3951998 CA
Aveni v. Board of Chiropractic Examiners
An incorrect interpretation of the law arrived at by the application of an incorrect legal theory cannot invalidate an administrative determination otherwise correct in result.
WCC 33062008 CA
Avila v. WCAB
PD when impairment of earning capacity or normal use of a member, or handicap in labor mkt.
14 Cal.App.3d 33, 35 CCC 637
WCC 25111970 CA
Avila-Gonzalez v. Workers' Compensation Appeals Board
Faced with conflicting case law about what needs to be present in a doctor's report for the 1997 Permanent Disability Rating Schedule to apply, the 1st District Court of Appeal on Thursday sided with the Genlyte decision and remanded back to the Workers' Compensation Appeals Board for a decision about whether a medical report written before 2005 stated that the applicant was permanently disabled.
WCC 36762010 CA
Ayala et al. v. Antelope Valley Newspapers, Inc.
A group of newspaper home delivery carriers were entitled to assert a class action against their employer based on their alleged misclassification as independent contractors.
WCC 39422012 CA
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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 …