California Case Law Update

Friday, March 13, 2015 | 0

NEW! 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.

NEW! 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.

NEW! 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.

NEW! 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.

NEW! 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.

NEW! 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.

NEW! 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.

NEW! 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.

NEW! Stevens v. WCAB (Outspoken Entertainment), A143043, (02/03/2015): The 1st District Court of Appeal is demanding supplemental briefing in a pending dispute over the constitutionality of the independent medical-review process mandated by Senate Bill 863.

NEW! Munoz v. Palm Springs Baking Co., E056726, (01/23/2015): A divided California appellate court ruled that a bakery worker injured by a dough-dividing machine could not avail himself of the power press exception to the exclusivity provision of the workers' compensation law.

Gutierrez v. Girardi, B251857, (01/12/2015): A California appellate court upheld the denial of the certification of a class of plaintiffs in a malpractice suit against Girardi & Keese, based on the famous law firm's alleged mishandling of the proceeds of a toxic tort settlement.