Injured Brakeman Gets New Trial & Expert Witness

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 … Read More »

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Roofer Gets Second Chance In Premium Dispute

A California employer will get a second chance to fight a collection effort for allegedly unpaid workers’ comp premium. The employer failed to respond to the complaint and summons in a timely manner but claimed it confused the dates for responding with a later date for a case management conference that was listed in the … Read More »

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Workers’ Comp Exclusivity Bars Assault Claim

The Second District Court of Appeal upheld the dismissal of a worker’s lawsuit against his employer following a workplace assault by a co-worker that left him injured. The court says there is no question that the employer met its obligations under the Labor Code by investigating the incident and taking disciplinary action against the aggressor. … Read More »

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Charges In Southern California Kickback Scheme

The Orange County District Attorney’s Office announced a 13-count felony complaint against a twice-convicted felon that accuses him of running a kickback scheme that generated $100 million in fraudulent bills on workers’ comp claims. Charged along with three others, the ringleader allegedly created a medical management company that ran clinics and steered workers’ comp claimants … Read More »

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Ninth Circuit Upholds Conviction But Questions Restitution Amount

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 … Read More »

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CHSWC Commissioners Push For More Frequent Meetings

Seeking to “reinvigorate” its work as the analytical arm of state government charged with recommending improvements for the health and safety of workers and the functioning of the workers’ compensation system, commissioners at the Commission on Health, Safety and Workers’ Compensation are backing a move to hold meetings more often. In recent years, the Commission … Read More »

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Why Was the General Contractor Not Liable In Subs Employee’s Fall

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 … Read More »

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Court Says Worker’s Malpractice Complaint Untimely

In a case that demonstrates how many ways a workers’ comp claim can go, the Sixth District Court of Appeal says an injured worker who allegedly sustained additional injuries from the medical treatment she received under her workers’ comp claim failed to file her medical malpractice complaint in a timely manner. The court upheld the … Read More »

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