California important recent case law.

Thursday, October 16, 2008 | 0

NEW! Butler v. Direct TV, B201173, 10/08/08: DIRECTV was not required to provide Butler with a part-time position, and Butler could not work full-time. As a result, a reasonable accommodation was not available and DIRECTV cannot be held liable for failing to engage in an interactive process.

NEW! Hobbs v. Marin county Employees Retirement Assn., A120222, 09/30/08: Courts have rejected the claim that the class of employees to which the heart trouble presumption applies should be expanded and accordingly, the court did not err by failing to 'impute' the legislative intent plaintiff claims is behind the heart trouble presumptions in workers' compensation law...to the service-related disability retirement of all county employees.

NEW! Power Fabricating v. State Compensation Ins. Fund, G039635, 09/30/08: Employer liability insurance (ELI) coverage can accrue only if...(b) workers' compensation law either does not apply to the situation or the employer may be sued in a capacity other than as an employer. Because Power failed to raise a triable issue of fact on any of the conditions required in (b), ELI coverage cannot be triggered.

NEW! Alejandre v. Valleycrest Companies, A120256, 09/29/08: An employee's dependents may not maintain a civil action for damages where, as here, the employee is injured by the employer's deliberate failure to assure that workplace equipment is safe, and conceals the lack of safety features on that equipment.

City of Fresno v. WCAB, F055670, 09/25/08: Sufficient evidence existed for the WCAB to find a pre-2005 'indication of permanent disability' warranting the use of the 1997 PDRS.

Medrano v. WCAB, B202828, 09/25/08: Vocational rehabilitation maintenance allowance (VRMA) is not a wage replacement benefit, and thus it is not subject to wage-loss credit.

Rosales v. Keenan & Associates, B199725, 09/23/08: Because appellant has not demonstrated a probability of prevailing on her claims, the anti-SLAPP motion was properly granted.

Schermerhorn v. Los Angeles Unified School Dist., B196937, 09/19/08: LAUSD had notice of (1) Schermerhorn's medical release to return to work, (2) his desire to return to work, and (3) his disability, as expressed in the listed work restrictions. Nothing more was required to trigger LAUSD's duty to offer a reasonable accommodation.

Hartford Accident and Indemnity Co. v. Pacific Gas & Electric Co., A119344, 09/18/08: Appellant's right to pursue a direct action against PG&E was not precluded by the settlement and dismissal of injured employee's lawsuit against PG&E.

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Tapia v. Skill Master Staffing, 4564224, 09/17/08: (1) An outpatient surgery center lien claimant has burden of proving that charges are reasonable; (2) the outpatient surgery center lien claimant's billing, by itself, does not establish that claimed fee is 'reasonable'; and (3) any evidence relevant to reasonableness may be offered to support or rebut the lien.

Varisco v. Gateway Science and Engineering, Inc., B200339, 09/15/08: All the undisputed facts add up to an independent contractor relationship.

Paris v. USI Southern California Ins. Services, B200225, 09/12/08: There are triable issues of fact as to whether USI breached the April 1, 2003, employment agreement by failing to pay Paris all wages, bonuses, and commissions.