Trucking Owner-Operators Head to the 9th
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Tagged in: appeals
Claimant’s Perspective Doesn’t Hold Up
A court of appeal rejected an injured worker’s claim that he lied about the extent of his industrial injury to obtain medical care, not the $100,000 in workers’ comp benefits he received following his fall from a ladder at work. The decision upholds Waliullah Nazari’s criminal conviction for two counts of making false and fraudulent …
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Appeals Court Rejects Lawsuit Based On Privette Doctrine
The First District Court of Appeal rejected an injured worker’s negligence lawsuit against the general and subcontractor that contracted his employer after finding that the Privette doctrine protects them from his claims. The court says it found no triable issues of fact that would allow the worker to seek a remedy other than the workers’ …
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Plaintiff Gets Second Chance In Workplace Covid-19 Case
The Second District Court of Appeal is reversing a lower court’s decision and allowing a case alleging a work-related COVID-19 death case to continue. The employee’s widow maintains that the workers’ compensation exclusive remedy provision does not block the case because the employer fraudulently concealed a COVID-19 outbreak at an employee housing unit where her …
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Applicant’s Attorney, Hearing Rep Sanctioned Again And Again
The Workers’ Compensation Appeals Board issued two en banc decisions in consolidated cases stating its intent to assess cumulative penalties of $12,500 each against the applicant’s attorney, Susan Garrett, and hearing representative, Lance Garrett. It is the second time the Garretts have been hit with sanctions. The WCAB says the five cases involve “a continuing …
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WCAB Levies $40,000 In Sanctions Plus Fees & Costs
The Workers’ Compensation Appeals Board has decided to sanction an applicant’s attorney and her hearing rep $20,000 each for repeatedly using frivolous tactics to delay workers’ comp cases. The WCAB gave attorney Susan Garrett and hearing representative Lance Garrett 20 days to explain their actions to avoid the sanctions. The Board found their responses lacking …
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Appeals Court Blocks Claimant’s Lawsuit Against QME
The Fifth District Court of Appeal says a lower court properly dismissed without leave to amend a lawsuit that a workers’ comp claimant filed against a qualified medical evaluator (QME) for allegedly mishandling her case. The dispute stems from the workers’ comp psych claim Samreen Riaz filed and the subsequent QME evaluation by Micah Hoffman …
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Divided Second District Partially Overturns WCAB Decision
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