The Ninth Circuit Court of Appeal says an injured longshoreman with hearing loss in one ear and bilateral tinnitus is only due benefits for the actual loss of hearing suffered on the job and cannot obtain a bilateral rating under the AMA Guides. However, the court left unanswered the question of whether the worker’s tinnitus …
The Second District Court of Appeal ordered a new trial in Terrence Richard’s negligence lawsuit against Union Pacific Railroad company after being injured in a fall from the train where he was working as a brakeman. The second time around Richards will also be able to call his expert witness who was originally blocked from …
After a de novo review, a Ninth Circuit Court of Appeal judge affirmed on all counts Sam Solakyan’s conviction for running a workers’ comp bribery scheme that generated $263 million in fraudulent claims. Justice Gabriel Sanchez, however, ordered a lower court to revisit the amount of restitution that is owed to consider the amounts insurers …
The California Department of Corrections and Rehabilitation (CDCR) did not violate the state’s anti-discrimination law by refusing to file for industrial disability retirement on behalf of a permanently disabled prison guard. The Fourth District Court of Appeal rejected the notion that a disability retirement could be considered a reasonable accommodation under the Fair Employment and …
The general contractor on a project to construct a four-story multi-unit residential building is not liable for the injuries a plasterer sustained when he fell due to a faulty scaffolding safety rail. The Fourth District Court of Appeal notes that a subcontractor employed the injured worker, and the worker’s employer was responsible for inspecting and …
In an interesting case that provides an important example brokers can use, the Fourth District Court of Appeal blocked a subcontractor’s lawsuit against a general contractor for nonpayment. The reason is that the sub performed part of the work while it did not have workers’ comp coverage. The lapse of the company’s workers’ comp policy …
The Workers’ Compensation Appeals Board has 60 days to act on a petition for reconsideration; if it does not, the petition is deemed denied. A recent legislative amendment changed when the 60-day clock starts, but the First District Court of Appeal says this did not alter the fact that the Board must act within 60 …
In a case that could affect many California employers, the Fourth District Court of Appeal is allowing an injured employee to pursue a Fair Employment and Housing Act (FEHA) claim against his employer, Dish LLC. The claim alleged discrimination related to his workers’ compensation claim even though the workers’ comp claim was settled through a …