Important Recent California Case Law
Tuesday, November 19, 2013 | 0
NEW! Herrera v. Unistar Food Processing, B241440, (11/14/2013): A worker who lost part of his right arm after it got caught in a meat grinder could not bring a tort action against his employer based on the statutory power press exception to workers' compensation exclusivity, a California appellate court ruled.
NEW! Valdez v. WCAB (Warehouse Demo Services), S204387, (11/14/2013): The California Supreme Court unanimously ruled that reports from non-network physicians who are privately retained and compensated are admissible for the purposes of resolving disputes about the compensability of workplace injuries.
NEW! Angelotti Chiropractic v. Baker, SACV 13-1139-GW(JEMx), (11/12/2013): A federal judge prohibited the California Division of Workers’ Compensation from collecting the $100 activation fee or dismissing “unactivated” liens until he rules on whether the fee created by Senate Bill 863 violates the equal protection provisions of the U.S. Constitution.
NEW! Contreras v. Gibson Farms, ADJ7707093, (9/9/2013): Applicants' attorneys do not have the right to select the interpreter who will translate his or her client's words into English at a deposition for his or her comp claim, according to a recent panel decision from the California Workers' Compensation Appeals Board.
NEW! People v. McAnally, D062105, (10/31/2013): A contractor who pleaded guilty to two criminal charges for failing to provide workers' compensation coverage to his employees was not entitled to have his conviction set aside on the basis that his wife had engaged in a romantic relationship with the attorney who prosecuted him.
Lowery v. Los Angeles Community College District, No. B239179, (10/24/2013): The California 2nd District Court of Appeal overturned a trial judge's determination that an injured HVAC technician was fired as a result of unlawful discrimination after his on-the-job injury.
Enriquez v. City of Sierra Madre, B240916, (10/16/2013): A volunteer firefighter's receipt of workers' compensation benefits did not make her a municipal employee for purposes of the Fair Employment and Housing Act, a California appellate court ruled.
CLP Resources v. WCAB (Mora), A138439, (10/087/2013): The 3rd District Court of Appeal annulled an enhanced award of benefits to a carpenter based on a hand injury that a workers' compensation judge had determined to be the result of "serious and willful misconduct" by the worker's employer.
Pena v. Central Freight Lines, A134753, A138014, (10/04/2013): The California 1st District Court of Appeal upheld a $470,000 award against an employer that fired a worker while she was recovering from injuries suffered in an automobile accident, rejecting the employer's argument that workers' compensation was the plaintiff's exclusive remedy for her alleged emotional distress and psychological injury.
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