Court Limits Serious and Willful 50% Benefits Increase
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Tagged in: court of appeals
No Liability In Typhus Case
The Second District Court of Appeal affirmed a lower court’s dismissal of a lawsuit alleging the City of Los Angeles failed to remedy a dangerous condition on public property that may have led to a deputy city attorney contracting typhus. The lower court had held that under Government Code section 855.4, the city was immune …
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Commissioner’s Authority, Attorney Fee Award Affirmed
The Second District Court of Appeal says a lower court was correct to deny The Travelers’ challenge of Insurance Commissioner Ricardo Lara’s authority to find that unfiled side agreements in a workers’ comp program were unenforceable. The court also upheld an attorney fee award to the policyholder that successfully challenged the validity of these disputed …
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Appeals Court Finds No Exception To Privette Doctrine
The Third District Court of Appeal agrees that a lower court’s summary judgment for the Roseville Moose Lodge in its defense of a negligence claim filed by a contractor’s employee was correct. The court found the Privette doctrine protected the lodge and held the worker failed to show that any of the recognized exceptions to …
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Appeals Board Ordered To Explain Its “Grant For Study” Procedure
A panel of justices for California’s Second Appellate District is ordering the Workers’ Compensation Appeals Board (WCAB) to explain its use of a “grant for study” procedure that can delay the resolution of a workers’ comp applicant’s case by weeks, months, or even years. As of last fall, over 500 cases found themselves caught up …
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Ninth Circuit Hears Covid Third-Party Liability Case
The Ninth Circuit Court of Appeal heard oral arguments in a case to overturn a decision that holds the workers’ comp exclusivity provision bars a lawsuit alleging employer liability for the case of Covid-19 contracted by the spouse of an employee. The underlying decision in Kuciemba v. Victory Woodworks is at odds with a recent …
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