California Case Law Update

Wednesday, April 15, 2015 | 0

NEW! In re Ronald F., A141990, (03/25/2015): A minor whose conduct while committed to a youth rehabilitation facility resulted in injury to a county employee was properly ordered to pay restitution to the county to cover the cost of the employee's workers' compensation claim.

NEW! Myres v. San Francisco Housing Authority, A140332, (03/23/2015): A California appellate court ruled that a municipal employee failed to establish her claim that she had been wrongfully terminated in retaliation for taking leave for an on-the-job injury, but substantial evidence supported the jury's finding that she had been subjected to a hostile work environment.

Sardell v. Bresler, B252589, (02/25/2015): A California appellate court ruled that a lien claimant could not seek an order vacating a sanction against him nearly half a year after it became final.

Lopez v. Waks, B248734, (02/25/2015): A California appellate court ruled that an injured worker failed to raise a viable claim against his former attorney after his attorney negotiated a reduction in the amount of a subrogation lien against the worker's personal injury settlement and paid the lien.

People v. Santiesteban, G049970, (02/19/2015): The 4th District Court of Appeals upheld a former exterminator's conviction and sentence of probation for workers' compensation fraud.

Radiator USA v. WCAB (Kang), B255839, (02/18/2015): The 2nd District Court of Appeal annulled a decision awarding an injured worker benefits for an alleged psychiatric injury and sleep disorder, finding there was inadequate medical evidence to support the award.

Velasquez v. Centrome, B247080, (01/30/2015): A California appellate court ruled that a jury should not have been informed about a worker's immigration status before issuing findings on liability for the worker's lung condition that he blamed on his industrial exposure to diacetyl.

Wright v. State of California, A139034, (01/30/2015): The 1st District Court of Appeal reversed a grant of summary judgment in favor of the state on a premises liability claim brought by a former correctional officer for his fall on state-owned property while he was walking to work.

Ferreira v. King Taco Restaurant, B252170, (01/28/2015): A sheriff's deputy, who collected workers compensation benefits for his injuries from an assault which occurred while he was off-duty and attempting to break up a fight in a fast-food restaurant, could not pursue a tort claim against the restaurant in his capacity as a private citizen, a California appellate court ruled.

Vargas v. FMI, B246660, (01/23/2015): A California appellate court ruled that the Privette doctrine does not render an employer that contracts with an independent contractor wholly immune from being found vicariously liable to an individual employed by the independent contractor.