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 …
A Lyft driver repeatedly stabbed by a passenger who had a lengthy criminal record sued the company for negligence. The driver accused the company of failing to screen passengers as is required for drivers, failing to provide a safe workplace, and failing to provide workers’ compensation benefits for his injuries. However, the trial court and …
The Fourth District Court of Appeal says a building owner and its management company are owed summary judgment to defeat a negligence claim filed by the employee of a subcontractor injured while working on their property. The court’s majority says the issue is covered by the long-standing Privette Doctrine and that none of its recognized …
The Workers’ Compensation Appeals Board is giving an applicant’s attorney and a hearing representative 20 days to explain why they should not be sanctioned some $40,000 for allegedly using frivolous tactics to delay workers’ comp cases. The WCAB also says in an en banc order that it will also consider awarding attorney fees and costs …
The Ninth Circuit Court of Appeal’s full panel is reviewing arguments by Uber, Postmates, and two drivers that there is no rational basis for California’s AB 5, which gives some industries exemptions from the ABC test for independent contractors while denying exemptions to others. The Court heard arguments late last month asserting that AB 5 …
The Second District Court of Appeal says Allstate Insurance Company can proceed with its lawsuits alleging that a group of radiologists and other affiliates have been defrauding workers’ comp and auto insurance carriers by overbilling for radiology services. The carrier alleges the medical corporations are controlled by an unlicensed individual and operated as a referral …