Oct 30 - Nov 1
Comp Laude® Awards and Gala
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Case Law Library
Draper v. Aceto
Subrogation: contingency fee attorney gets nothing if net result to client is zero.
26 Cal.4th 1086, 66 CCC 1297
WCC 28242001 CA
Drasin & Assoc. v. WCAB
WCAB should request counsel for info to determine fee if record lacks basis to value services.
3 Cal.App.4th 1564, 57 CCC 142
WCC 26841992 CA
Draus v. WCAB
Lien claimant's failure to timely object to C&R clause settling lien does not waive right to hearing when clause is ambiguous.
60 CCC 79
WCC 27511995 CA
DuBois v. WCAB
UEF not liable for penalties from unreasonable delay in payment of award.
5 Cal.4th 382, 58 CCC 286
WCC 24391993 CA
Duenas v. WCAB
A homeowner who hired a landscaper to replant some flower beds at his home was not an employer for workers' compensation purposes because there was no evidence the applicant had worked long enough to waive the statutory exclusion for casual labor.
WCC 36582010 CA
DuFour v. WCAB
[Unpublished] The WCAB properly declined to presume [decedent's] death arose out of and in the course of his employment.
WCC 32472007 CA
Dufresne v. City of Hayward
[Unpublished] The Superior Court did not err by admitting a plaintiff's evidence of her workers' compensation claim for psychiatric injury that allegedly resulted from years of sexual harassment.
WCC 35072009 CA
Duncan v. WCAB
A sanction is not a workers' compensation 'benefit' within the meaning of section 3716.2, which limits the Uninsured Employers Benefits Trust Fund's (UEBTF) liability 'only' to 'benefits' that would be paid by an employer properly insured for worker's compensation.
WCC 34152008 CA
Duncan v. WCAB (X.S.)
The cost of living adjustments pursuant to Labor Code section 4659, subdivision (c), for life pensions and total permanent disability indemnity, are added to those payments, per the words of the statute, starting January 1, 2004, and every January 1 thereafter.
WCC 35832009 CA
Today's Round Up
OH - Woman Ordered to Pay Restitution for Spending Dead Boyfriend's Benefit Funds
The boyfriend died, but the workers’ comp checks kept coming.
Because 58-year-old Suzette Hedrick of Toledo, Ohio, cashed the checks, she has a choice of reimbursing the Bureau of Workers’ Compensation $18,576 or serve 10 months in prison, the BWC said in a press release Friday. A Lucas County judge on Oct. 5 sentenced Hendrik to five years of probation after she pleaded guilty to attempted grand theft, a fifth-degree felony, the bureau said.
Hendrick’s boyfriend, whom the bureau did not identify, was receiving permanent total disability benefits until his death on Oct. 3, .
TX - Imprisoned Doctors' Luxury Cars, Diamond-Covered Rolexes Up for Auction
The federal government is auctioning off 21 luxury cars seized from two doctors who are serving long prison sentences for running a pill mill in Mobile, Alabama.
Gold jewelry and a series of Rolex watches covered in diamonds will also be auctioned Saturday at the Hilton Austin Airport, KSAT-TV 12 reports.
The items were seized from John Patrick Couch and Xiulu Ruan, who became rich from selling instant-release fentanyl drugs off-label for neck, back and joint pain. The highly addictive opioid, produced by a company called Subsys, was approved only to trea.
WA - L&I: Unregistered Contractor Behind on Premium Payments
The Washington state Department of Labor and Industries said a contractor charged with felony theft for collecting payments for projects he never started owed $6,500 in workers’ compensation premiums and another $12,000 for unregistered contracting.
Jesse Scott Espinoza, owner of Jesse’s Custom Concrete, is accused of accepting a total of $5,000 in down payments for two jobs that he allegedly abandoned. According to L&I, Espinoza did not work a single day on either project and never returned the money.
What’s more, the department said it suspended Espinoza’s .
NY - Activists Protest Proposed WCB Changes to Impairment Rating Method
0 min read
Groups of workers' advocates have continued to pressure the state Workers' Compensation Board to not adopt rules that would change how impairment ratings are decided — a move, they say, that would reduce benefits.
The Albany Times-Union reported Wednesday that activists in Buffalo, Brooklyn, Hauppauge and Long Island were set to submit "thousands of petitions" to their local Workers' Compensation Board offices, as well as to the board's headquarters in Menands.
The New York Committee for Occupational Safety and Health has come o.
CA - Governor Appoints Parisotto as AD
0 min read
Gov. Jerry Brown appointed George Parisotto as administrative director of the Division of Workers’ Compensation.
Parisotto served as acting administrative director since February 2016, when Destie Overpeck left the agency for a position with the State Bar of California.
He joined the DWC in 1998 and has held positions including acting chief counsel and industrial relations counsel during his tenure.
Prior to joining the DWC, Parisotto was a workers’ compensation claims examiner for the U.S. Department of Labor’s Energy Employees Occupational I.
CA - CAAA Takes Swing at Governor Over Veto of Apportionment Bill
CA - DWC Suspends 3 More Providers From Comp System
CA - Court Affirms Dismissal of Disbarred Work Comp Attorney's Distress Claim
CA - Supreme Court Won't Disturb Decisions on Skin Condition, Travel Injury
CA - Four Deputies at Las Vegas Shooting File Comp Claims
FL - Ex-JCC Castiello Says Nominating Commission Followed Improper Rules
NATL. - Research Links Job Stress With Work Injuries
CA - Number of QMEs Falls as Panel Requests Increase
CA - Governor Vetoes Bill Requiring Small Business Rep on State Fund Board
CA - Judge Postpones Sentencing of Drobot Jr. Until February
Oct 30 – Nov 1, 2017
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