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July 2010

[07-06-10] 2nd Dist. CA: Can Lien Claimant Sue Atty/Investigator for Abuse of Process?

[07-06-10] 5th U.S. Cir.: Is Undocumented Immigrant Entitled to L&H Benefits?

[07-06-10] 2nd Dist. CA: WC Carrier Sued When Applicant Arrested for 'Stolen' Check

[07-06-10] U.S. Supreme: Atts Allowed in ERISA Cases Even When No Benefits Awarded

[07-06-10] 2nd Dist. CA: 'Substituted Service' and Default Judgments

[07-12-10] 4th Dist. CA: Can FEHA Lawsuit Stand If No Interactive Process?

[07-12-10] WCAB: When Is Withrawal of Atty Before Trial 'Unreasonable'?

[07-12-10] US Supreme: Workplace Privacy and Employer-Provided PDA's

[07-12-10] WCAB: NFL Case: CA WC Benefits for Ohio Player?

[07-12-10] 1st Dist. CA: Grounds for 'Vexatious Litigant' Designation in WC-Related Matters

[07-26-10] 2nd Dist. CA: Court Backs Off on Decision on Ex Parte Communications

[07-26-10] 1st Dist. CA: 'Sudden, Extraordinary' for Psyche Exception to 6-Mo. Rule

[07-26-10] CA Supreme: Court Reinstates Case Which May Limit LeBoef Rule

[07-26-10] WCAB: Proper Notice for 'Walk-Through' to Compel Med Exam

[07-26-10] WCAB: When Is Suicide Compensable?

[07-26-10] WCAB (en banc): WPI Impairments: the Roles of Judges, Raters, Doctors

June 2010

[06-07-10] WCAB: Does 2-Yr TD Limit Apply to Partial or Out-of-State TD?

[06-14-10] WCAB: Can Carrier Offset TD from Worker's Social Security?

[06-14-10] WCAB: Claiming Duplicate TD Credit Instead of Paying Penalty?

[06-14-10] WCAB: Applicant's C&R Check Sent to Atty's Office and Stolen!

[06-14-10] WCAB: Must Employer Provide Ergonomic Equipment at New Job?

[06-14-10] WCAB: Can Employer-Defendant Be 'Re-Joined' After Recon Deadline?

[06-14-10] U.S. District Court: Gallagher-Bassett Adjusters' Lawsuit Still Alive and Well

[06-28-10] 2nd Dist. CA: Exceptions to Disqualifying QME for Ex Parte Communication

[06-28-10] WCAB: Does 15% PD Increase Apply to Prison Inmates?

[06-28-10] 6th Dist. CA: Guzman Case Taken Under Submission

May 2010

[05-03-10] 1st Dist. CA: Must Employee Sue for ALL Claims Against Employer at Once?

[05-03-10] WCAB: Can Mileage Allowance Be Used for 'Average Weekly Wage'?

[05-03-10] 3rd Dist. CA: Must Chiro Reimburse Board $72K for Discipline Hearing?

[05-03-10] 1st Dist. CA: Cervantes Procedures Reviewed for Spinal Surgeries

[05-03-10] CA Supreme / WCAB: Decision on Penalties, Atty Fees, Upheld by High Court

[05-03-10] CA Supreme: Review Granted in Duncan Case

[05-03-10] WCAB: Does Self-Procured Order Bar Employer's From MPN Transfer?

[05-10-10] WCAB: Liability for Hardware Removal When Surgery Unnecessary

[05-10-10] 1st Dist. CA: Order Ending Special-Fund Agency Furloughs Remains on Hold

[05-10-10] WCAB: Lien Jurisdiction for Living Expenses of Bankrupt Applicant

[05-10-10] WCAB: Rebutting PDRS Under Ogilvie

[05-24-10] WCAB: If No AME After UR Denial, Is Issue Dead at Expedited Hearing?

[05-24-10] WCAB: When & How to Request Autopsy in WC Case

[05-24-10] WCAB: How Exact Must Employer's Offer of Modified-Work Be?

[05-31-10] 5th Dist. CA: Leaving Job Over Health Danger Fear & Unemployment Benefits

[05-31-10] 5th Dist. CA: TD Award After Termination — WCJ's Authority to Defer PD

[05-31-10] CA Supreme: Can Legal Error by Arbitrator Ever Be Voided By Court?

[05-31-10] WCAB: Can WCJ Develop Applicant's Med Record If Applicant Filed DOR?

[05-31-10] WCAB: Can Applicant Amend for CT Body Parts If Stips Resolve Issue?

April 2010

[04-12-10] 2nd Dist. CA: Is CIGA Liable for Insolvent Excess Coverage?

[04-12-10] 3rd Dist. CA: Does General Contractor Owe Duty of Care to Sub?

[04-12-10] 2nd Dist. CA: Analyzing the Borello Decision on Ind. Contr.

[04-12-10] 6th Dist. CA: Guzman En Banc Decision Granted Review

[04-12-10] 5th Dist. CA: Can Lawsuit for WC Premiums Be 'Account Stated'?

[04-12-10] U.S. District - So. Cal.: Injured Worker Sues WC Judge in Federal Court

[04-26-10] 3rd Dist. CA: Another Reason Why NOT to Represent Yourself

[04-26-10] 2nd Dist. CA: Can WC Lien Be Divided Between Compensable and Non?

[04-26-10] WCAB: Who Is 'Initial Aggressor' to Defeat WC Benefits?

[04-26-10] 1st Dist. CA: When Is Employer of Ind. Contractor Liable?

[04-26-10] 1st Dist. CA: Furloughs Still On... For Now

March 2010

[03-01-10] CA Supreme: CIGA Asks to Depublish Case on Hospital's Name Changes

[03-01-10] 1st Dist. CA: Past Drug Use as Evidence in Work Injury Case

[03-01-10] 4th Dist. CA: Does Contradictory Testimony Defeat 'Substantial Evidence'?

[03-01-10] 2nd Dist. CA: Failure to Accommodate Disabled Party in Court

[03-01-10] CA Supreme: Pending Case Could Be THE Apportionment Case

[03-01-10] 4th Dist. CA: Standard of Review for Criminal WC Fraud Conviction

[03-08-10] WCAB: Watch What You Tweet (or Brag About on Facebook)

[03-15-10] 3rd Dist. CA: Non-Participation in Pain Mgt - Enough to Deny Dis. Retiremt?

[03-15-10] CA Supreme: Does 'Kin Care' Apply to Unlimited Sick Leave?

[03-15-10] 2nd Dist. CA: When Is Arb. Agreement Limiting Discovery 'Unconscionable'?

[03-29-10] 1st Dist. CA: Does Amended Complaint for WC Fraud Nullify St./ Limit?

[03-29-10] CA Supreme: Joint / Several Liability for Gen. & Special Employers

[03-29-10] WCAB: Case Clarifies Rx Claims Outside Pharmacy Benefit Networks

[03-29-10] WCAB: Does 15% PD 'Add-On' Apply to 100% Cases?

[03-29-10] WCAB: 'Express Agreement' Is Needed to Remove WCAB Med Jurisdiction

[03-29-10] 3rd Dist. CA: Can Stips Based on Unsettled Law Be Set Aside Later?

February 2010

[02-01-10] WCAB: Defense Firms File for Fees/Sanctions in Premier Liens Case

[02-01-10] 6th Dist. CA: Latest Briefs on COLA Case: Just Right, Illegal, or Double-Penalty?

[02-01-10] U.S. 9th Circuit: U.S. Life to Pay $500 Mil for Bankrupt Superior National Claims

[02-01-10] 4th Dist. CA: What Are 'Material' Facts for Summary Judgment?

[02-01-10] Alameda Superior: Will New Court Ruling End DIR-DWC Furlough Days?

[02-08-10] 5th Dist. CA: Serious & Willful Misconduct: How Much 'Fault' Is Needed?

[02-08-10] WCAB - Panel: Decision Defers PD Award Until Ogilvie Decided

[02-08-10] U.S. Supreme: Supremes OK RICO Cases for WC Claim Denials

[02-08-10] 5th Dist. CA: Is Civil Service Hearing 'Res Judicata' for FEHA Claim?

[02-08-10] 2nd Dist. CA: Using Out-of-State Depo in Wrongful Death Case?

[02-15-10] CA Supreme: FEHA Case: 'Big Fees, Small Award' Issue

[02-15-10] WCAB: Lien Claimants Sanctioned for Bad Recon Petitions

[02-15-10] WCAB (En Banc): Two Major Spinal Surgery / UR Issues Finally Resolved

[02-15-10] U.S. District Ct.: No Medicare Set Aside? Read This!

[02-15-10] 4th Dist. CA: Emplymt Cases: Shorter St/Limit & 'Admin. Exemption'

[02-22-10] 2nd Dist. CA: Avoiding Exclusive Remedy: 'Fraudulent Concealment'

[02-22-10] 6th Dist. CA: When Does Labor Code Cost-of-Living Increases Start?

[02-22-10] 2nd Dist. CA: 'Going & Coming' Rule, Excessive Damages in FELA Cases

[02-22-10] 2nd Dist. CA: Should 'Mixed Motive' Instruction Be Given in Discrim. Case?

[02-22-10] 2nd Dist. CA: How NOT to Write a Firm's Arbitration Agreement

January 2010

[01-11-10] 3rd Dist. CA: Is '100% Healed' Return-to-Work Policy Discrimination?

[01-11-10] 5th Dist. CA: Is WCAB Remand Order Subject to Writ of Review?

[01-11-10] 3rd Dist. CA: Lousy Brief Causes Appeal to be 'Forfeited'

[01-11-10] 6th Dist. CA: Sub. Inj Fund Requests Rehearing of COLA Increase Case

[01-11-10] 4th Dist. CA: What Is Legally 'Trivial' When Alleging Sexual Harassment?

[01-11-10] 1st Dist. CA: Can Subcontractor Be Liable If Didn't Create Hazard?

[01-11-10] 2nd Dist. CA: Does Privette Preclude Neg. Suit If Dangerous?

December 2009

[12-14-09] 2nd Dist. CA: Is Failing to Return Employee to Work 132a Violation?

[12-14-09] WCAB Panel: Watch How You Witness Your Compromise & Releases!

[12-14-09] CA Supreme: Voc Rehab & Spinal Fusion Equals PD Cases Not Certified

[12-14-09] 4th Dist. CA: Does Carrying Tools for Work Affect 'Going and Coming' Rule?

[12-28-09] 2nd Dist. CA: Did Employer Owe State Death Benefits After Paying Estate?

[12-28-09] 2nd Dist. CA: Sufficiency of Evidence for Malicious Prosecution by WC Atty

[12-28-09] US Supreme: Can EEOC Issue Subpenas After Right-to-Sue Letters?

[12-28-09] 4th Dist. CA: When Is Obnoxious Workplace Banter Sexual Harassment?

[12-28-09] 6th Dist. CA: Grounds for 'Delisting' Chiropractor From Med Provider's List

[12-28-09] CA Supreme: Last Nail in Coffin for Voc Rehab Cases?

[12-28-09] CA Supreme: Defining 'Reprehensibility' When Determining Punitives

[12-28-09] Out of State (Kentucky): Liability for Strip Search Hoax by 3rd Party?

November 2009

[11-02-09] 2nd Dist. CA: What's Failure to Engage in Interactive Process?

[11-02-09] 5th Dist. CA: Is CIGA Liable If 'Covered Insured' Morphs Into New Entity?

[11-02-09] 1st/3rd Dist. CA: Spinal Surgery, 'New & Further' Petition Issues Get Reviews

[11-09-09] 2nd Dist. CA: What if Rehab 'Awarded' But on Appeal on 1/09?

[11-09-09] 4th Dist. CA: Sufficiency of Evidence & Jury Instructions in Cop's WC Fraud Case

[11-09-09] 9th Circuit: Can 'Legitimate Personnel Action' Defeat L&H Mental Claim?

[11-09-09] 1st Dist. CA: Court Shocked by Summary Dismissal of Worker's Objections

[11-16-09] CA Supreme: Supreme Court Says No to Half Dozen Workers' Comp Cases

[11-16-09] CA Supreme: Can Unpaid Bonus Be Forfeited Without Violating LC 201/202?

[11-23-09] 2nd Dist. CA: Is Employer Liable for Worker Driving Home From Airport?

[11-23-09] WCAB: Many Premier Lienholders Allowed to Pursue Their Liens

[11-23-09] Writs Filed in 3 High Profile Cases on Rating Schedule, Voc Rehab

[11-23-09] U.S. 9th: Can Physical Capacity Test Violate ADA?

[11-23-09] 4th Dist. CA: Is Evidence of Accessing Porno at Work Enough for Termination?

[11-30-09] 4th Dist. CA: Tolling of Public Entity S/Limitations, Exclusive Remedy Rule

[11-30-09] 4th Dist. CA: How Far From Doc's Office is 'Reasonable' When Hurt on Route?

[11-30-09] 5th/6th Dist. CA: Separate Petitions Filed in Almaraz/Guzman II Cases

[11-30-09] 10th Cir. (Fed): Poor Syntax in Ins. Policy Excluding Labor Laws Violations

October 2009

[10-12-09] 2nd Dist. CA: Court Tells WCAB to Reexamine Which Rating Manual to Use

[10-12-09] 4th Dist. CA: Court Rules on Workers' Comp Atty's $310K Referral Fee Lawsuit

[10-12-09] 2nd Dist. CA: 'Raw Materials' Defense No Bar in Navy Asbestos Case

[10-12-09] 2nd Dist. CA: Is Ins. Broker Negligent If No WC Coverage in Business Package?

[10-12-09] 1st Dist. CA: Should Retaliation-Harassment Suit Against DIR Proceed?

[10-12-09] 2nd Dist. CA: Is Changing 'Prevailing Party' 'Clerical Error'?

[10-12-09] 2nd Dist. CA: Asbestos Case Deals With Strict Liability & / Negl. Evidence

[10-12-09] 5th Dist. CA: 'Going/Coming' Rule & Commuting to Work Meeting on Day Off

[10-12-09] U.S. 9th Circuit: What Constitutes "De Minimis' Noncompensable Work Duties?

[10-19-09] WCAB: Ogilvie II: Unchanged But Clarified

[10-19-09] WCAB: Almaraz/Guzman II: Stay Within AMA Guides, But...

[10-26-09] 4th Dist. CA: Can Wrongful Termination Suit Be Barred by Anti-SLAPP?

[10-26-09] 4th Dist. CA: Cab Drivers' Class Action Case Now Published Decision

[10-26-09] 3rd Dist. CA: Are Fees 12X Higher Than Wrongful Term. Damages OK?

[10-26-09] 3rd Dist. CA: Can Employer Claim Credit for 3rd-Party Funds From CIGA?

[10-26-09] CA Supreme: High Court Takes a Pass on Published TD Credit Opinion

[10-26-09] 1st Dist. CA: Opinion Affirming Failure to Accommodate Certified

September 2009

[09-08-09] 5th Dist. CA: Another Court Sides With Benson Decision

[09-08-09] 4th Dist. CA: Does County Have Duty to Disclose Confidential Severance?

[09-08-09] CA Supreme: 'Reasonable' Surgery Fees -- Tapia Case Denied Review

[09-08-09] CA Supreme: When Is Employee Video an Invasion of Privacy?

[09-08-09] 5th Dist. CA: Is Post-Injury Policy for Drug Test LC 132a Violation?

[09-14-09] 4th Dist. CA: Grounds for Employee of Independent Contractor Suing General

[09-14-09] WCAB (en banc): Board Rules on Reconsidering Weiner Decision

[09-14-09] CA Supreme: Should Fraud Case Against SCIF Proceed?

[09-21-09] 4th Dist. CA: Evidence Needed to Support Pregnancy Discrimination

[09-21-09] 5th Dist. CA: Can Worker Sue Chemical Supplier for Failure to Warn?

[09-21-09] 4th Dist. CA: When Are Anti-Solicitation Clauses Enforceable?

[09-21-09] 4th Dist. CA: Does Reprimand for Bad Conduct Equal Sexual Harassment?

[09-21-09] 2nd Dist. CA: Can Superior Court Be Used to Get Interest for WC Fee?

[09-28-09] 1st Dist. CA: Can Employer Be Liable If Property Owner's Neg. Caused Death?

August 2009

[08-03-09] CAAA Lists 2009's Most Important WC Cases

[08-03-09] 'Work-Arounds' to New Benson Rule Discussed

[08-10-09] 3rd Dist. CA: Appellate Court Modifies Sandhagen Decision

[08-10-09] 4th Dist. CA: Supreme Court Test for 'Employee' Same for WC or EDD

[08-10-09] 4th Dist. CA: Can Cab Drivers' 'Employee' Claims Be Class Action?

[08-10-09] U.S. District (Tenn.): "Shy Bladder" - New Possible ADA Violation

[08-10-09] 3rd Dist. CA: Does LC 4062 Estop Party From Seeking Retro TTD?

[08-10-09] U.S. Supreme: Punitives for Failure to Pay Meds In Maritime Case

[08-10-09] 4th Dist. CA: Can WC Filings Be Used for Restraining Order?

[08-17-09] 1st Dist. CA: Can Non-Prosecutor Set Fines If Also Crime?

[08-17-09] 6th Dist. CA: 'Knowledge of Disability' for Wrongful Discharge

[08-17-09] 6th Dist. CA: Review Granted in PD/Life Pension Increase Case

[08-17-09] 3rd Dist. CA: Can Wrongful Termination Be Basis for Punitives?

[08-17-09] US 9th Circuit: Does Wal-Mart Have Legal Obligation for Foreign Workers?

[08-17-09] 2nd Dist. CA: Attys Fees in Unsuccessful Emplymt Case

[08-17-09] Summary of ALL Almaraz/Guzman/Ogilvie Amicus Briefs

[08-24-09] 6th Dist. CA: Getting WC Atty Fees Reimbursed From Armed Robber?

[08-24-09] 4th Dist. CA: Is FEHA S/L Tolled for Union Grievance?

[08-31-09] 6th Dist. CA: Couple Accuses Prosecution in WC Fraud Case of Conflict

[08-31-09] 1st Dist. CA: Check List: What WON'T Work in Employee Arbitration Agreement

[08-31-09] 2nd Dist. CA: When Does Exclusive Remedy Bar 3rd-Party Admin. Suit?

[08-31-09] 1st Dist. CA: How Long Does Party Have to Object to FEHA Settlement?

[08-31-09] 2nd Dist. CA: Proving 'Special Employee' Status From Interrogs

[08-31-09] U.S. District, FL: Is Wearing Nose Ring for Religion a Title VII Violation?

July 2009

[07-06-09] 4th Dist. CA: Only Civil Action Possible for Unlicensed Laborer w/o Min Hrs

[07-06-09] 4th Dist. CA: Court Reverses Starbucks Ruling on Tip Sharing

[07-06-09] US Supreme: Pregnancy Discrimination Act Not Retroactive

[07-06-09] U.S. District (LA): Is Voice Recognition Software ADA-Mandated for Carpel Tunnel?

[07-06-09] CA Supreme: Court Refuses to Publish Grimaldo Decision

[07-06-09] CA Supreme: Benson Denied Review by Supreme Court

[07-20-09] CA Supreme: Ct. Nixes Attys Fees for Informal Med Treatment Denials

[07-20-09] 2nd Dist. CA: Must State Farm Pay Domestic's False Imprisonmt Damages?

[07-20-09] 2nd Dist. CA: Final Death Rattle for Wilkinson Rule?

[07-20-09] WCAB - Panel: EAMS Foul-Up Results in Voided Decision

[07-20-09] 2nd Dist. CA: Can 3rd Party Sue Employer for Overworked Employee?

[07-27-09] U.S. Supreme: Age Discrimination Rules Tightened

[07-27-09] 6th Dist. CA: Court of Appeal Denies Review in Guzman Case... for Now

[07-27-09] WCAB (En Banc): Rest in Peace Vocational Rehabilitation... Maybe

[07-27-09] 5th Dist. CA: Do Labor Code Provisions Apply to Public Entities?

[07-27-09] 5th Dist. CA: Is Supervisor's Handling of Complaint Civil Negligence?

[07-27-09] 2nd Dist. CA: Can Unlicensed Contractor Sue Homeowner As 'Non-Employee'?

[07-27-09] CA Supreme: No Review of 'No Apportionment' Reversal

[07-27-09] SF Superior: Stay Lifted, 500 SCIF Workers Avoid Furloughs

June 2009

[06-01-09] 2nd Dist. CA: Checking Conf. Statement Boxes Enough for 15% PD Increase?

[06-01-09] 2nd Dist. CA: Entire Med Record Determines Which Rating Schedule to Use

[06-01-09] 2nd Dist. CA: Is Private Marina Exempt from the ADA?

[06-01-09] 2nd Dist. CA: Does Employer's Indemnity Clause w/ 3rd Party Give Right to Sue?

[06-01-09] CA Supreme: Supremes to Review Tip Pooling Case After Appellate Splits

[06-01-09] 4th Dist. CA: No Malpractice When Atty Didn't Seek Late Filing Relief

[06-01-09] 4th Dist. CA: When Only Evidence Says Apport. Can WCJ Find NONE?

[06-01-09] 4th Dist. CA: Is Failure to Provide Sales Materials Actionable Per LC 970?

[06-01-09] 4th Dist. CA: HIV-Positive Plaintiff Failed to State Valid FEHA Claims

[06-01-09] 4th Dist. CA: SCIF Has Disclosure Duty of Premium Facts Before Issuing Policy

[06-15-09] WCAB: Insurance Dept. Files Briefs in Ogilvie, Almaraz Cases

[06-15-09] 2nd Dist. CA: Burden on Employee in FEHA Case to Show He Can Work

[06-15-09] 2nd Dist. CA: Can DFEH Be Sued Directly for 'Failing to Enforce Its Laws'

[06-15-09] 2nd Dist. CA: What Is "Occurrence" in Self-Insured Excess Ins. Policy

[06-22-09] 3rd Dist. CA: Firing of Mgr Mixing Biz With Pleasure Withstands Sum. Judgment

[06-29-09] CA Supreme: Supremes Revive Big Tobacco Lawsuit & Clarify Class Actions

[06-29-09] 2nd Dist. CA: "Me Too" Evidence Admissible in Discrimination Claim

[06-29-09] 1st Dist. CA: Can an Inmate Sue Prison Doctor for Malpractice?

[06-29-09] 2nd Dist. CA: Can Filing WC Claim Equitably Toll PI Statute of Limitations?

[06-29-09] 2nd Dist. CA: Tapia Decision on Outpatient Provider Fees Withstands Appeal

[06-29-09] 2nd Dist. CA: Suit Against CIGA Revived as Court Explains Appeal Time

[06-29-09] 2nd Dist. CA: Court Grants Review of WCAB's Decision Denying Employer Credit

May 2009

[05-04-09] 2nd Dist. CA: What Is a 'Qualified Individual' for an FEHA Discrimination Claim?

[05-04-09] 2nd Dist. CA: Arbitration Barring Class Action Invalid

[05-04-09] 1st Dist. CA: Court Simplifies Ogilvie Appeal Process, Denies Writ... For Now

[05-04-09] 2nd Dist. CA: Certified Case Shows When an Arbitration Agreement IS OK

[05-11-09] 2nd Dist. CA: Work Injury 'Lighting Up' Diabetes Case Gets 2nd Chance

[05-11-09] 2nd Dist. CA: Health Plan Admin. Owes Duties to Members When Denying Claim

[05-11-09] 1st Dist. CA: Court Rejects Boughner Review (New PDRS Lawful)

[05-11-09] 4th Dist. CA: No Duty Owed by Former Employer in Negligent Hiring Action

[05-11-09] 5th Dist. CA: When Can Judge Overrule Jury on Credibility Issue in FEHA Case?

[05-11-09] 1st Dist. CA: Can Employer Sue Credit-Card Co. for Ok'ing Employee-Embezzler?

[05-18-09] 3rd Dist. CA: Appeals Court to Decide Basic Issues of 'Serious' and 'Willful'

[05-18-09] WCAB: Board Orders Rehearings in Ogilvie and Almaraz/Guzman

[05-18-09] 2nd Dist. CA: Can Cop Sue City for Privacy Invasion for Using Wiretap?

[05-18-09] CA Supreme: Supremes Grant Review of Apportionment Case (Hertz/Aguilar)

[05-18-09] WCAB: Board Gives 1/1/09 Voc Rehab Case 'En Banc' Status

April 2009

[04-06-09] 2nd Dist. CA: Newly Published Decision Further Clarifies Legality of Tip-Pooling

[04-06-09] Superior Ct: Jury Clears SCIF of Unfair Dealing Against Brokers

[04-06-09] 1st Dist. CA: Benson Decision Buries Wilkinson Apportionment Rule

[04-06-09] 2nd Dist. CA: Change of Mind on 'Unconscionability' of Arbitration Class Waiver

[04-13-09] WCAB (en banc): AMA Guides Rebuttable Thru Med Opinion

[04-13-09] WCAB (en banc): Diminished Future Earning Capacity Tables Rebuttable

[04-13-09] Defense Firm Announces Writ Filed in Almaraz/Guzman Cases

[04-13-09] 1st Dist. CA: 3rd-Party Admin. Owes Duty to Excess Insurer in WC Claim

[04-13-09] 6th Dist. CA: Guzman Writ Petition Now Available Here

[04-13-09] 1st Dist. CA: Is Hotel's 'Business Manager' Exempt From LC Overtime Provisions?

[04-13-09] CA Supreme: Burden Eased for Whistleblowers Getting to Court

[04-13-09] 2nd Dist. CA: Failure to Name Owners in FEHA Claim Bars Inclusion in Civil Case

[04-20-09] 4th Dist. CA: Does Motor Carrier Exemption Preclude Overtime Wage Laws?

[04-20-09] 1st Dist. CA: Workers Comp Evidence OK'd as Proof in Civil Harassment Case

[04-20-09] 1st Dist. CA: Does a Subcontractor Owe a Duty to His Foreman?

[04-20-09] 9th U.S.C.A.: Big Crowd for En Banc Arguments in Wal-Mart Gender Class Case

[04-20-09] 5th Dist. CA: No Invasion of Privacy for Using MySpace Material Outside Website

[04-27-09] 2nd Dist. CA: Can Arbitration Terms Waive Class Actions & Private Atty General?

[04-27-09] 1st Dist. CA: 2 Published Opinions Split on Private Right to Sue for Tips

[04-27-09] 5th Dist. CA: Is Injury Compensable While Retrieving Personally-Bought Item?

March 2009

[03-02-09] 5th Dist. CA/5: TD Due If 'Retiring' Because of Injury

[03-02-09] 2nd Dist. CA: Adding Multiplier to Attys Fees OK in FEHA Case

[03-02-09] 5th Dist. CA: Stips Waived Requested Med Treatment, Supported by Evidence

[03-02-09] 2nd Dist. CA: Instruct on Negligence Per Se When Building Code Violations

[03-09-09] 2nd Dist. CA: New PD Award OK'd More Than 5 Yrs From Injury

[03-09-09] 5th Dist. CA: No Apportionment for ANY DOI's for Safety Worker's Presumptions

[03-09-09] 3rd Dist. CA: CIGA Not Immune From Post-Judgment Interest

[03-09-09] 2nd Dist. CA: Failure to Attend Depo, Follow Court Orders, Grounds for Dismissal

[03-16-09] 2nd Dist. CA: Can Atty Be Removed for Speaking Directly With a Worker?

[03-16-09] 2nd Dist. CA: Forcing Employee to Retire Presents Triable FEHA Issues

[03-16-09] 1st Dist. CA: Defective Products of Third Parties: Is There a Duty to Warn?

[03-16-09] 2nd Dist. CA: Will Second District Follow Benson on Rating Multiple Injuries?

[03-16-09] U.S. 9th: Court Withdraws Wage/Hour Decision, Sends It to Supremes

[03-16-09] 2nd Dist. CA: Worker Negl. Retention, Verbal Assaults OUTSIDE Excl. Remedy Rule

[03-16-09] 4th Dist. CA: Court Certifies Decision on Delivery Drivers As Ind. Contractors

[03-23-09] Supr. Ct: Employee CAN Be Fired For Refusing to Incriminate Himself

[03-23-09] 6th Dist. CA: Employer-Paid Landlord Who Kicks Out Tenant Can Be Sued

[03-23-09] 2nd Dist. CA: Is Nolo Plea to Misd. Drug Charge a 'Conviction' Under Ed. Code?

[03-23-09] 2nd Dist. CA: Can a WC Claim 'Equitably Estop' Govt Claim Stat. of Limitations?

[03-23-09] 2nd Dist. CA: FEHA Trial Strategy Precludes "Exhaustion of Remedies" Defense

[03-23-09] 4th Dist. CA: Does Labor Code Permit Settlement of Overtime Wage Claims?

[03-23-09] 5th Dist. CA: Case Published on Anti-SLAPP Statute & Retaliatory FEHA Claim

[03-30-09] US Sup: Supremes Protect Witnesses in Title VII Harassment Suits

[03-30-09] 6th Dist. CA: NOT Demoting Dishonest Sheriff Supervisor -- Abuse of Discretion?

[03-30-09] 2nd Dist. CA: Is Lawyer's Tardiness 'Misconduct' for Unemployment Benefits?

[03-30-09] 4th Dist. CA: Appellate Folly: Atty Fee on Contempt Case Denied as 'Miscarriage'

February 2009

[02-02-09] 1st Dist. CA: Knee Injury Not Accommodated, FEHA Violation Found

[02-02-09] 5th Dist. CA: Arbitrator's 'Make Whole' Award Defective But Not Fatal

[02-02-09] 2nd Dist. CA: Limo Drivers' Class Action De-Certification Reversed

[02-02-09] CA/2: Privacy & Disclosing Employees in Class Action Discovery

[02-16-09] CA/6: What Impact Will "Aguilar Factor" Have??

[02-16-09] CA/3: Death Benefits Reversed When Causation Only 'Possible'

[02-16-09] 5th Dist. CA: Different Interpretations of Same PD Evidence by Panel & WCJ OK

[02-16-09] CA/5: Apportioning 60-Yr-Old Arthritis Not Age Discrim.

[02-16-09] 2nd Dist. CA: Sex Complaint to Employer May Be Anti-SLAPP 'Protected Activity'

[02-16-09] 2nd Dist. CA: WC Finding Collaterally Estops Worker in Breach of Contract Action

[02-16-09] 3rd Dist. CA: Going/Coming Rule Exceptions Reviewed, No Vicarious Liability

[02-16-09] 2nd Dist. CA: 'Tip Pooling' & Labor Code Section 351

[02-23-09] 4th Dist. CA: School District Can't Deduct Both Vacation & Differential Leave

[02-23-09] 2nd Dist. CA: License Suspension Automatic If No WC Coverage

[02-23-09] 3rd Dist. CA: No Personal Jurisdiction Over Parent Corp in FEHA Action

[02-23-09] 1st Dist. CA: Different Deadlines Apply for Late Wages Penalties

[02-23-09] CA Sup Ct: No Automatic Right to New Trial in MFAA Fee Arbitration

[02-23-09] 4th Dist. CA: Delivery Workers Ruled 'Ind. Contractors'

January 2009

[01-05-09] 6th Dist. CA: LeBoeuf 100% Award Limited If Language Problems

[01-05-09] 2nd Dist. CA: Fired Police Officer's Claim That City Blew Deadline Denied

[01-05-09] 2nd Dist. CA: Fed Civil Rights Action Tolls Wrongful Termination Deadline

[01-05-09] 2nd Dist. CA: Defense Awarded $1 Atty Fee Despite Frivolous FEHA Case

[01-05-09] 4th Dist. CA: No Marital Privilege in Cop's Disciplinary Proceeding

[01-05-09] 6th Dist. CA: Court Reverses Costco Judgment for Overtime Bonuses

[01-19-09] 3rd Dist. CA: No Fee Restitution Despite Applicant's Fraudulent Claim

[01-19-09] 2nd Dist. CA: Anti-SLAPP Suit: Was Atty's Firing Strategy or Pay Back?

[01-19-09] 1st Dist. CA: No Wage Credit Against VRMA Benefits

[01-19-09] 2nd Dist. CA: Failure to Post Employee Notices Tolls S/L (Sometimes)

[01-19-09] 1st Dist. CA: No Public Entity Immunity in FEHA Age Discrimination Claim

[01-19-09] 3rd Dist. CA: Cop's Litigation Deemed Rejection of Return to Work Offer

[01-19-09] 4th Dist. CA:: Can Doctor's Appt. Book Be Discovered?

[01-26-09] 2nd Dist. CA: Review Granted in Case of Work Injury Triggering Diabetes

[01-26-09] 1st Dist. CA, 2nd Dist. CA: Two Appeals Courts Re-Visit Benson Decision

[01-26-09] 4th Dist. CA: Are Delayed Accommodations an FEHA Violation?

[01-26-09] 3rd Dist. CA: No LC 5813 Sanctions for UEF

[01-26-09] Sup.Ct: Supremes Nix Emergency 'Balance Billing' for HMO's

[01-26-09] 4th Dist. CA: Does New Fed Law Bar Claim for Past State Labor Violation?

Past Years (2004 - 2008)

August 2004

-- IF CASE LINK DOESN'T WORK --

[08/20/04] Christmas in July for CIGA! 2 Back-to-Back Rulings

[08/20/04] ACOEM TRUMPs Treating Doc / Neuro If No Scientific Evidence

September 2004

-- IF CASE LINK DOESN'T WORK --

[09/13/04] Supreme Court: C&R Doesn't Settle Civil Claims!

[09/30/04] WCAB Defines LC 4650d Benefits as "Penalty"

October 2004

-- IF CASE LINK DOESN'T WORK --

[10/11/04] New Case on Apportioning Prior Awards Before SB 899

[10/12/04] En Banc Case Clarifies Unrepped Worker's Treatment Rights

[10/15/04] New Case: Old Law Governs Rehab Appeal if Pre-04 Injury

[10/21/04] New En Banc Scheftner Case May Not Be Over!

[10/22/04] High Court Sends Back WCAB Case Re VR Deadline

[10/25/04] Temp. Agency Appealing 2nd CA Ruling Re CIGA

November 2004

-- IF CASE LINK DOESN'T WORK --

[11/05/04] New CIGA Case Sent Back to Court of Appeal

[11/05/04] 2nd Dist. CA Affirms Ruling on Temp-Agencies & CIGA

[11/05/04] 2nd CA Rules General's Insurer Not Liable to Sub's

[11/05/04] Interesting WC Cases Pending

[11/05/04] Reviewing US & Cal Supreme Ct. WC Cases in 2004 & 2005

[11/23/04] Primary/Secondary Coverage Under Ins. Code Irrelevant

[11/23/04] Supreme Court Reaffirms Who Interprets Laws

[11/29/04] CAAA Lawsuit Attacking MPN Regulations
- CAAA's Lawsuit Dismissed, Court Says No "Aggrieved" Party!
- Read the Full CAAA Complaint Attacking MPN Regs!
- The Insurance Industry Responds to CAAA's Lawsuit
- More Articles & Comments About CAAA's Lawsuit

December 2004

-- IF CASE LINK DOESN'T WORK --

[12/09/04] 2nd District CA Grants Rehearing in RemedyTemp/CIGA Case

[12/09/04] New Unpublished Case: TTD Still Due for Retiree

[12/14/04] Florida Supremes Say Bye to Workers' Comp. Rules

[12/20/04] Oakland Judge Rules on Apportionment

[12/20/04] Exclusive: Beware of Sandhagen v. SCIF (by Cliff Levy)

[12/20/04] En Banc Decision Clarifies SB 899's Retroactivity!

[12/27/04] CA Rules Employee Who May Make Complaint Can't Be Fired

January 2005

-- IF CASE LINK DOESN'T WORK --

[01/24/05] US Supreme Ct. Validates Berkeley "Living Wage" Law (Sort of)

[01/24/05] Landlord Liable for Tenant's Employee's WC Injuries

[01/24/05] Court Rules in Favor of Dept. of Insurance & Against SCIF

February 2005

-- IF CASE LINK DOESN'T WORK --

[02/07/05] Supreme Ct. Rules PI Atty Fees Part of Injured's Income

[02/07/05] Lawsuit Filed Regarding New P.D. Schedule!

[02/07/05] Court Ruling on Penalties Affecting Injured Worker's Widow

[02/17/05] Second District CA Expands Cancer Presumption

[02/17/05] Supreme Court Hears Oral Argument in Campbell Case

[02/17/05] WCAB Says "Cure and Relieve" Means "Cure OR Relieve"

[02/17/05] WCAB: Penalty Statute Retroactive, New Statute of Limitations

[02/17/05] En Banc Decision on Utilization Review Guidelines (Sandhagen)

[02/22/05] Supreme Court Asked to Define "At Will" Termination

March 2005

-- IF CASE LINK DOESN'T WORK --

[03/07/05] WCAB: New Apportionment Doesn't Change AOE/COE Laws

[03/07/05] Supreme Court Clarifies When 90-Day Denial Period Starts

[03/07/05] New Sandhagen Case: UR Not Mandatory for LC 4062

[03/07/05] 2nd CA: No WCAB Exclusive Jurisdiction in Uninsured Case

[03/07/05] Old Labor Code Section 4062 Applies to pre-2005 Cases

[03/07/05] WCAB: New Apportionment Doesn't Change AOE/COE Laws

[03/07/05] Supreme Court Clarifies When 90-Day Denial Period Starts

[03/07/05] New Sandhagen Case: UR Not Mandatory for LC 4062

[03/07/05] 2nd CA: No WCAB Exclusive Jurisdiction in Uninsured Case

[03/07/05] Old Labor Code Section 4062 Applies to pre-2005 Cases

[03/07/05] All Apportionment Under SB 899 RETROACTIVE

[03/08/05] 5th DCA Rejects Widow's Appeal under L.C. 5502

[03/08/05] DWC Responds to CAAA's P.D. Lawsuit

[03/16/05] CA 5th: L.C. 132a NOT Available for Former Employees

[03/18/05] Golden Eagle Not Required to Defend Employer

[03/21/05] Court of Appeal Publishes Retroactive Apportionment Ruling

[03/21/05] Court Declines to Broaden 5-Year Statute to Re-Open

[03/21/05] Court Rejects State Fund's PEO Underwriting Policy

[03/28/05] Court Rejects Governor's Order Requiring In-Office State Work

[03/28/05] Sandhagen Case Will Not Die

April 2005

-- IF CASE LINK DOESN'T WORK --

[04/04/05] Ct. of Appeal Rejects WCAB's Attempt to "Regulate" UEF

[04/04/05] Firing Perceived Alcoholic Worker Violates ADA

[04/18/05] Special: Newest PD Rate Lawsuit Thrown Out Again??

[04/25/05] Writs Granted in Cases Involving Illegal Immigrant Workers

[04/25/05] 2nd CA Explains "Covered Claim" for CIGA, Annuls WCAB

[04/25/05] Supreme Ct. Rules Age Discrim. Needn't Be Intentional

[04/25/05] New Fed Case Impacts Depo Questions on Immigration Status

[04/25/05] WCAB Apportionment Decision a Blessing for Employers

[04/25/05] No CIGA Reimbursement to Carrier Even If "Joint & Several"

May 2005 - August 2006

-- IF CASE LINK DOESN'T WORK --

[08/30/06] Treating Doctor Presumption Gone For ALL Injury Dates

[08/30/06] Already-Awarded WC Benefits Unaffected in New Asbestos Bill

September 2006

-- IF CASE LINK DOESN'T WORK --

[09/21/06] Read Escobedo En Banc Apportionment Case

[09/21/06] New Late Penalty Law Applicable to ALL Cases as of 6/1/04

[09/21/06] Court Allows Voc. Rehab Issue AFTER 5 Years!

[09/21/06] Ct./Appeal Rules No Malicious Prosecution for Filing 132a

October 2006

-- IF CASE LINK DOESN'T WORK --

[10/09/06] CA/ Rules Conflicting Med Reports Rarely Appealable

[10/09/06] Opinion Certified Nixing Credit Against Voc. Rehab. Benefits

[10/09/06] LC 4650 Penalties Not Based on "Unreasonableness"

[10/09/06] WCAB Panel Specifies Criteria for Spinal Surgery Objections

[10/09/06] LC 4664's Presumption of Lifetime PD is Conclusive

[10/16/06] Verdict Still Out Whether Supremes Will Review Chatham

[10/23/06] WCAB to Ct Administrator: "Can't Unring Bias Bell!"

[10/23/06] New AOE/COE Issues Require LC 4062.2 Rules, Not 4064(d)

[10/23/06] Brodie Case Sets Stage for Sup. Ct. Apportionment Showdown

[10/30/06] CA/: Correctional Officer NOT 'Peace Officer' When Off Duty

November 2006

-- IF CASE LINK DOESN'T WORK --

[11/06/06] Fraudulent Concealment Still Trumps Excl. Remedy Rule!

[11/06/06] Brodie Case Filed With Supreme Court

[11/06/06] Supremes Reject Review of Sierra Pacific Case

[11/13/06] CA/ Rules "County," Not Distance, Decides Venue

[11/13/06] VR Late Penalty When Defense Renegs on QRR

December 2006

-- IF CASE LINK DOESN'T WORK --

[12/04/06] Does Vacation Time, Not Sick Leave, for WC Eval = 132a?

[12/04/06] Claims Adjusters Exempt From Federal Overtime Rules

[12/04/06] Court Permits VR Request Beyond 5 Years, Sometimes

[12/04/06] WCAB Spells Out Proper Notice Required for MPN's

[12/04/06] Safety Officers Exempt from Apport. Rules

[12/11/06] Does 1st Amend. Trump Workers' Comp at Church?

[12/11/06] Exclusive Remedy Rule Trumps Strict Liability Law!

[12/18/06] Court Says 'Aging' Apportionment May Be Speculative

[12/18/06] Is Injury at Employer-Provided Rental Compensable?

[12/18/06] Is Employer Liable for Bad Surgery Approved By Mistake?

[12/18/06] Can Def. Recover Harassment Pay-Out From Employee?

[12/18/06] Latest WCAB Venue Case Certified for Publication

[12/31/06] Court Kills WC Dependant Death Benefits

[12/31/06] Finally... Published Decision on Apportionment Formula!!

[12/31/06] Appeals Ct. Reaffirms Apportionment Law's Retroactivity

[12/31/06] Ct. Rules Whether Circumstances Permit TD After 5 Years

[12/31/06] Court Finds No Tort Liability Against 3rd Party Landlord

[12/31/06] CA/ Rules Whether WC Claim Tolls P.I. St/Limitations

[12/31/06] What's "ExtraOrdinary" For 6-Month Psyche Exception?

[12/31/06] Out-of-State Court Limits Commercial Travelers Rule

[12/31/06] Court of Appeal Rules on Utilization Review Deadlines

[12/31/06] Appeals Ct. Rules on Knowledge vs. Disability CT Claims

[12/31/06] WCAB Orders Halts to Apportionment Case Reviews

Janaury 2007

-- IF CASE LINK DOESN'T WORK --

[01/15/07] App. Ct. Finds New Winner for Most Merit-less Appeal

[01/15/07] Recent Apportionment Decision Certified for Publication

[01/15/07] Supremes Grant Hearing on Apportionment Cases

[01/15/07] Court Defines Seasonal Employee's Rights to TD

[01/15/07] Another App. Ct. Takes Sides on Apportionmt Formula

[01/29/07] Ct. Explains Why Claim Not Barred 3 Years After Quitting

[01/29/07] En Banc Decision on PDRS Retroactivity Under Review

[01/29/07] CA/ Upholds New Ruling on Psyche 'Extraordinary Event'

[01/29/07] Good News / Bad News in PDRS En Banc Decision

February 2007

-- IF CASE LINK DOESN'T WORK --

[02/05/07] CA/ Reaffirms Exclusive Remedy in 'Contract' Lawsuit

[02/05/07] Another Apportionment Case Reaches High Court

[02/05/07] WCAB Defers Attorneys Fees in Apportionment Cases

[02/05/07] 1st District Rules 'Single-Sentence' "Report" No Good

[02/05/07] CA/ Decides If 'New & Further' Applies to Known Injury

[02/05/07] Out-of-State Sup. Ct. Questions No-Fault WC Concept

[02/19/07] Ct. Rules Pain Complaint Sufficient "Notice of Injury"

[02/19/07] CA/ Defines What's Not a Power Press

[02/19/07] Is It an ADA Violation If Light Duty Not Offered?

[02/26/07] Time to Recon Amended Award Now Published

[02/26/07] CA/ Rules If Recon Petition Timely for Amended Award

March 2007

-- IF CASE LINK DOESN'T WORK --

[03/05/07] Blanket "PD-Probable" Report Case Certified

[03/05/07] CA/: Informal Doctor Inquiry Not Sufficient for AOE/COE

[03/05/07] Supreme Court Agrees to Expedite Brodie Cases

April 2007

-- IF CASE LINK DOESN'T WORK --

[04/09/07] Attorneys Who Will Argue Brodie Cases Named

[04/09/07] Read U.S. Court Decision on Labor Law and Indian Tribes

[04/09/07] 5th CA/ Parts With 4th on Apportionment Issue

[04/09/07] Does $80K/Yr Atty Serving as a Juror Get Minimum TD?

[04/09/07] Appeals Ct. Explains When House Worker Is 'Employee'

[04/09/07] 1st District CA/ to Review Baglioni En Banc Issue

[04/09/07] Supremes Take Another Apportionment Case, Join 2 Others

[04/09/07] As Oral Arguments Approach, Brodie Briefs Mount

[04/09/07] Appellate Ct. Rules HOA & Property Mgr Are Dual Employers

[04/09/07] Supreme Court Sets Brodie-Welcher Cases for April

[04/09/07] Supreme Court Accepts Eighth Apportionment Case

[04/09/07] Appeals Ct. Slams Wal-Mart for Not Understanding WC Law

[04/16/07] Min. Wage Law Not Precluded by Immigration Laws

[04/16/07] Court Remands Recon Petition Filed in Wrong Department

[04/16/07] Another Appellate Court Discusses When Old Ratings Apply

[04/16/07] En Banc: [REVERSED] Using Old PDRS

[04/16/07] En Banc: What in Med-Legal Report Triggers Old PDRS? [REVERSED]

[04/23/07] Joint HOA and Property Mgr Liability Case Certified

[04/23/07] 3 Cases Get Appellate Review on Which PDRS To Use

[04/23/07] Questionable Procedures Lead CA/ to Reopen WC Settlement

[04/23/07] Court Upholds 'Substantial Evidence' for Non-Industrial Suicide

[04/30/07] Read Latest Briefs on Appeal for New WC Fee Agreements

May 2007

-- IF CASE LINK DOESN'T WORK --

[05/07/07] Major Change in Attys Fees Ordered for Med Denials

[05/14/07] 5th Dist. Explains "Going-Coming" Exceptions in Death Case

[05/14/07] Ct. Rules Whether WCJ Can Raise Presumption, Disregard Stips

[05/14/07] Supreme Court Gives Employees More Time to Sue for Meal Breaks

[05/21/07] Employee Not Barred From 3rd Party Suit If Employer Settles

[05/21/07] 5th CA/ Rules Rehab Expert Not Conclusive on 100% PD Issue

[05/28/07] More on What's 'Extraordinary' for 6-Month Psyche Exception

[05/28/07] Court Rules on Using Vacation Time for WC Doctor Visits

[05/28/07] En Banc: Applicable Injury and Award Dates for MPN's

[05/28/07] Appeals Court Hears Issues From 2 Controversial En Banc Cases

[05/28/07] En Banc Reversal #1: TD and the Old PDRS (Pendergrass)

[05/28/07] En Banc Reversal #2: Medical Reports and the Old PDRS (Baglioni)

June 2007

-- IF CASE LINK DOESN'T WORK --

[06/04/07] Court Rules on Delayed 'Expedited' Hearing & Due Process

[06/04/07] Who Has Burden of Proof in FEHA Discrimination Case?

[06/04/07] Court Rules on Rights to Employer's U.M. Coverage After C&R

[06/04/07] Expect Supreme Court to Rule on Old vs. New PDRS Issues

[06/04/07] Ct. Finds Not Every Post-Injury Job Change is FEHA Violation

[06/04/07] WCJ Invalidates New Rating Schedule as Arbitrary!

[06/11/07] Is Carrier's Managing Agent Liable for Non-Issuance of WC Policy?

[06/11/07] Attys Fees Awarded for Appeal If Competent Med Report Exists

[06/11/07] Ct. Rules on Off-Duty Injury for 'Mounted' Deputy Caring for Horse

[06/11/07] Ct. Explains Serious & Willful vs. Negligence

[06/18/07] 2nd Dist. CA: 3rd-Party 'Integration' Clause & Exclus. Remedy Rule

[06/18/07] 4th Dist. CA: Med Evidence in Service-Connected Retirement Claim

[06/18/07] WCAB: Retiring WCJ Issues Sweeping Ruling on Out-Patient Liens

[06/18/07] 4th Dist. CA: SCIF Returned to Court on Brokers' Unfair Practices Claims

[06/18/07] 1st Dist. CA: Briefs Filed on Excluding Doctors From MPN's

[06/18/07] WCAB: Defense Rips Former S.D. WCJ's Ethics & Competence

[06/18/07] CA Supr: Reviewing Case Re Attys' Fees & Post-Award Med Denials

[06/18/07] 3rd Dist. CA: Opinion on Suing Employer for "Public Policy" Violation

[06/25/07] CA Supr.: Review Granted of Sandhagen Cases

[06/25/07] CA/ 4: Request Made to Certify SCIF vs. Brokers Opinion

[06/25/07] 1st Dist. CA Costco Opinion Modified to Spell Out When to Use Old PDRS

July 2007

-- IF CASE LINK DOESN'T WORK --

[07/02/07] US Supr.: Read Opinion Limiting Title VII Job Discrimination

[07/02/07] 3rd Dist. CA: Are Apportionment Rules Age-Gender Discriminatory?

[07/09/07] 1st Dist. CA: Which PDRS When TD Paid in 2004 & 2005?

[07/09/07] U.S.9: Does L&H Cover Photographer Taking Ship Tourist Photos?

[07/09/07] CA Supr.: Ct. Rejects Attack on SB 899 Apportionment

[07/16/07] 1st Dist. CA: Using Exclusive Remedy Rule's 'Aggression' Exception

[07/16/07] CA Supr.: Brodie-Welcher Cases!

[07/16/07] WCAB: Important Ruling on Safety Officers' Apportionment

[07/23/07] WCAB: Novel Approach Used for Skirting 2-Yr TD Cap

[07/23/07] WCAB: Employer's Recon Petition on Decision Attacking New PDRS

[07/23/07] WCAB: Is $10K Treatment Law Retroactive?

[07/23/07] 3rd Dist. CA: Does Heart Presumption Apply to Horse Racing Investigator?

[07/23/07] 1st Dist. CA: Opinion Certified on Paying TD After 5 Years

[07/30/07] WCAB: When Does QME Panel Appointment Bind Applicant?

[07/30/07] 5th Dist. CA: Does Recon Deadline Start to Run When Fraud Discovered?

[07/30/07] 4th Dist. CA: Effect of WCAB Case on Retirement Board

[07/30/07] 2nd Dist. CA: Res Judicata & Retirement Claims: Appeal or Forget It!

August 2007

-- IF CASE LINK DOESN'T WORK --

[08/06/07] 4th Dist. CA: Review Standard for Disability Retirement Cases

[08/06/07] WCAB: Read Decision Invalidating 2005 Rating Schedule

[08/06/07] 1st Dist. CA: Is Delivery Driver 'Working' After Finishing Last Delivery?

[08/06/07] WCAB: Figuring 2-Yr TD Cap: From When TD Due or When Paid?

[08/06/07] 1st Dist. CA: Ruling on Baglioni & Pendergrass PDRS Issues

[08/13/07] 1st Dist. CA: Brodie-Welcher Rulings Filtering Down

[08/20/07] 1st Dist. CA: Court Reverses Another Case to Comply with Costco

[08/20/07] CA Supr.: Another Case Reversed to Conform with Brodie

[08/20/07] 1st Dist. CA: Case Certified Supporting Costco, Pendergrass

[08/20/07] 1st Dist. CA: Court Reverses Another One on Costco/Chavez Grounds

[08/20/07] 3rd Dist. CA: Another 'Old PDRS' Argument Bites the Dust

[08/20/07] 3rd Dist. CA: No Employer Liability for Bad 2nd-Opinion Spinal Surgery

[08/27/07] 5th Dist. CA: Infectious Disease Presumption in Cop's Death Case

[08/27/07] 2nd Dist. CA: Court Gives CIGA Another Win (State Fund: Zero)

[08/27/07] 5th Dist. CA: Watch Your Stips in 'Retroactive' P&S Report

September 2007

-- IF CASE LINK DOESN'T WORK --

[09/04/07] 4th Dist. CA: VR Eligibility Letter Not Binding on Retirement Board

[09/04/07] 2nd Dist. CA: Can Contractor Sue Employer for Safety Violation?

[09/04/07] 1st Dist. CA: Can't Use ACOEM for Chronic Back

[09/04/07] WCAB: Does Lien Holder Need Fictitious License?

[09/10/07] 5th Dist. CA: Sewer Worker's Hepatitis C Found to be Work-Related

[09/10/07] 2nd Dist. CA: Court Amends Typos (and Other Things) in CIGA Opinion

[09/10/07] 1st Dist. CA: Costco Case Saves & Costs Employer

[09/10/07] 1st Dist. CA: Does LC4642 Repeal Change Paying VR Outside Cap?

[09/10/07] 4th Dist. CA: "Preliminary" PD Not Enough Without P&S for Old PDRS

[09/17/07] Sup.Ct.: Hearing Denied in Mounted Deputy Horse-Shoe Case

October 2007

-- IF CASE LINK DOESN'T WORK --

[10/01/07] 1st Dist. CA: WC Fraud Requires Specific Intent to Defraud

[10/08/07] 3rd Dist. CA: No Assumption of Risk in Student v. School Relationship

[10/08/07] 4th Dist. CA: Is Employee 'Working' If Driving Own Vehicle? Maybe...

[10/08/07] WCAB: Board Defines 'Amputation' & How TD Cap Is Affected

[10/08/07] 5th Dist. CA: Parties Can 'Stipulate Away' 90-Day Presumption

[10/08/07] 5th Dist. CA: ACOEM Guides & 'May Be' Treatment Stips

[10/08/07] 4th Dist. CA: When is 'Court Congestion' Defense to Subro S/L?

[10/08/07] 3rd Dist. CA: No Heart Presumption for "Cop-Like" Duties Certified

[10/08/07] 1st Dist. CA: Good Review of Cases Holding New PDRS Applies

[10/08/07] 6th Dist. CA: 'Oh My God, He's Gay' Comment Ruled Triable Issue

[10/22/07] 3rd Dist. CA: Cases Reinforce Costco, Pendergrass on TD Duty to Notify

[10/22/07] 1st Dist. CA: Worker Must Cooperate Before Filing FEHA Claim

[10/22/07] Sup.Ct.: High Court Puts Burden on Employee in FEHA Case

[10/22/07] 5th Dist. CA: Is Employee's 'Good Samaritan' Injury Compensable?

November 2007

-- IF CASE LINK DOESN'T WORK --

[11/13/07] Worker Wins Race Discrim Suit With Help of "Excuse Me" Comment

[11/13/07] 2nd Dist. CA: Stores Have Limited Right to Prohibit Signature Gathering

[11/13/07] 5th Dist. CA: Demotion is FEHA Violation, When to Award Attys Fees

[11/13/07] 4th Dist. CA: Firefighter's CT Claim Untimely, Rating All Injuries Improper

[11/13/07] 6th Dist. CA: Google Suit for Age Discrimination Allowed to Proceed

[11/19/07] 5th Dist. CA: Court Denies Pro Per Applicant Right to File Late Appeal

[11/19/07] 5th Dist. CA: Amending Pleading Allowed to Skirt Exclusive Remedy Rule

[11/19/07] 4th Dist. CA: Liability Carrier Must Defend Employer in WC Death Case

[11/19/07] 6th Dist. CA: Employee Belatedly Awarded Costs in Google Case

[11/19/07] 3rd Dist. CA: Is Reporting Wage Loss Violations Triable Issue?

[11/19/07] 2nd Dist. CA: Court Clarifies When Commercial Traveler Rule Won't Work

[11/19/07] 4th Dist. CA: Worker's Attorney Fees in 3rd-Party Actions

[11/19/07] 4th Dist. CA: "Preliminary" PD Report Case Now Certified

[11/26/07] 3rd Dist. CA: TD End Date Determines If Old PDRS Applies

[11/26/07] 2nd Dist. CA: Death Threats to Co-Workers Not Protected by FEHA

[11/26/07] 4th Dist. CA: New PDRS Used When Not Ratable Under Old PDRS

[11/26/07] 3rd Dist. CA: Published Opinion Throws Out 'Special' WC Fee Agreement

December 2007

-- IF CASE LINK DOESN'T WORK --

[12/03/07] 6th Dist. CA: 'Check-Box' Report Not 'Substantial Evidence'

[12/03/07] 1st Dist. CA: WCAB Decision Reversed Without Summary of Evidence

[12/03/07] Sup.Ct.: Supremes Allow Employer's WC-Claims Bonus Plan

[12/03/07] 6th Dist. CA: Another '97 PDRS Case Bites the Dust

[12/10/07] Out-of- State Court Rules Med-Mal Cap Unconstitutional

[12/10/07] 5th Dist. CA: Barbara Clark Gets Drop-Kicked by Appeals Court (Again)

[12/10/07] AARP, ACLU File Briefs Supporting Women, Older Workers

[12/10/07] 4th Dist. CA: General Contractor Insulated From Liability by Court

[12/24/07] 3rd Dist. CA: Violated Safety Order Ruled Neg. Per Se, $2.95 Mil Award

[12/31/07] Burned Worker Gets Largest Fed. Damages in Fresno History

[12/31/07] 2nd Dist. CA: Retaliatory Theft Convictions Reversed for Pros. Misconduct

[12/31/07] 2nd Dist. CA: School Immune for Privacy Invasion During WC Inquiry

[12/31/07] 4th Dist. CA: Home Depot Overtime Cases Affirmed

January 2008

[01-14-08] 5th Dist. CA: Indust. Claim for Erectile Problems Peters Out

[01-14-08] 1st Dist. CA: FEHA Doesn't Require Exhausting Admin. Remedies

[01-14-08] 2nd Dist. CA: If Guardian Acts Like Nurse, Pay Like Nurse!

[01-21-08] Sup. Ct.: Is Firing for Medical Marijuana Discrimination?

[01-28-08] 2nd Dist. CA: 'Special Employer' Doctrine Affirmed in Movie Studio Injury

[01-28-08] 2nd Dist. CA: Exhaust Labor Ruling Admin. Remedies Before Judicial Relief

[01-28-08] 2nd Dist. CA: New 'Commercial Traveler Rule' Case Certified

February 2008

[02-04-08] 2nd Dist. CA: Carrier Needn't Investigate If No WC Coverage

[02-04-08] 2nd Dist. CA: Vera Nixed? Pre-2005 P&S Not Req'd

[02-04-08] 4th Dist. CA: More Than Misrep Needed Before Canceling Health Ins.

[02-04-08] 4th Dist. CA: 'Bunkhouse Rule' Expanded

[02-04-08] WCAB: Board Sides With Interpreters

[02-04-08] 6th Dist. CA: Certified Case Clarifies Old PDRS Exceptions

[02-04-08] 3rd Dist. CA: New Age-Discrim. Case (Post Vaira)

[02-04-08] 2nd Dist. CA: Is Forced Return of Stock Labor Code Violation?

[02-11-08] 3rd Dist. CA: Vaira Says No Age-Related Apportionmt

[02-11-08] 4th Dist. CA: Recon Unit's 'Wrong' Address Excused in Late Filing

[02-18-08] 3rd Dist. CA: Issue of Age-Related Apportionment Still Alive

[02-18-08] S.C.: Supreme Court Rules on Firing for Med Pot Use

[02-25-08] 5th Dist. CA: Is 104-Wk TD Cap Constitutional?

[02-25-08] Sup. Ct: Hearing Ordered Despite Unverified Petition

[02-25-08] 2nd Dist. CA: Can More Than 1 Report Equal 1 'Med-Legal'?

[02-25-08] 1st Dist. CA: Hearing Granted: Is 24-Visit Treatment Cap Legal?

March 2008

[03-03-08] 3rd Dist. CA: Court Won't Certify Vaira, Apport. Remains in Limbo

[03-03-08] 5th Dist. CA: Is Temp, Non-Civil Service Worker Covered Under FEHA?

[03-03-08] 4th Dist. CA: Employer Precluded From S/L Defense in Indemnity Case

[03-03-08] 2nd Dist. CA: Barring Worker's Experts Harmless Error in Ins. Fraud Case

[03-03-08] 4th Dist. CA: Specific Intent Found, 2-Year WC Fraud Sentence Affirmed

[03-10-08] 2nd Dist. CA: Ambul. Driver 'Health Care Provider' - Major Ramifications!

[03-10-08] 4th Dist. CA: When Is Labor Arbitration Clause Adhesion Contract?

[03-10-08] 2nd Dist. CA: Exhausting FEHA Remedies Jurisdictional, not Procedural

[03-10-08] 1st Dist. CA: NLRA Trumps State Wrongful Termination Suit

[03-10-08] 2nd Dist. CA: $275K Attys Fees Awarded to Employer in WC Bonus Case

[03-17-08] 2nd Dist. CA: Fee Award Affirmed in Overtime Pay Case (But Not Much)

[03-17-08] WCAB: Discovery Ok'd in WC Class Action, Appeal Expected

[03-17-08] 2nd Dist. CA: No FEHA Violation If No Evidence of Job Available

[03-17-08] 3rd Dist. CA: Even if Treatment May Offer Temp Relief, Doctor Disciplined

[03-17-08] 2nd Dist. CA: Small FEHA Verdict Doesn't Justify Disallowing Large Fees

[03-24-08] 3rd Dist. CA: Is Psyche 'Harassment' Objective or Subjective?

[03-24-08] 2nd Dist. CA: If Doc Says TTD, 'Could' Return to Work Is Irrelevant!

[03-24-08] 3rd Dist. CA: Med Arbitration Notice Must Be 'Prominently' Displayed

[03-24-08] 4th Dist. CA: Adhesion-like Arb. Clause No Good in FEHA Case

[03-24-08] 1st Dist. CA: Can Labor Code Bar Firing for Federal Public Policy?

[03-24-08] 1st Dist. CA: Big Players File Briefs in "Anti"- Wilkinson Case

[03-24-08] US/SC: Fed Arbitration Act Trumps CA Labor Law (Sometimes)

[03-24-08] 5th Dist. CA: Misdemeanor WC Fraud Conviction No Bar to WC Benefits

[03-24-08] 2nd Dist. CA: Court Cites Brodie as It Decimates 100% Case

[03-31-08] 5th Dist. CA: Can Employer Deny Med Award After Paying for Years?

April 2008

[04-07-08] 4th Dist. CA: Large (Rare) Fee Accessed Against Employee in FEHA Case

[04-07-08] 2nd Dist. CA: 3-Prong Fed Civil Rights Test OK'd for FEHA Claims

[04-07-08] 1st Dist. CA: Is It Conflict Per Se If Firm Reps, Then Sues, Carrier?

[04-07-08] 2nd Dist. CA: Beware: 'Modified' Fee Agreements May Be Worthless

[04-14-08] 5th Dist. CA: No Duty Owed to Farm Worker Injured on Private Road

[04-14-08] 1st Dist. CA: Hearing Set on Legality of 24-Visit Chiro Cap

[04-14-08] 2nd Dist. CA: Dueling DCA's: Vera vs. Genlyte (PD Without P&S?)

[04-14-08] 1st Dist. CA: Can Carrier Decide "Special Employee" Status?

[04-14-08] 2nd Dist. CA: Court Rules Punitives OK in FEHA Case If Fired for Hiring Atty

[04-14-08] 4th Dist. CA: "Unfair" Termination Not "Wrongful" Termination

[04-14-08] Supr. Ct.: Can Individual Be Liable for FEHA Retaliation?

[04-14-08] 1st Dist. CA: TSA Employee Can't Sue Airline for Heavy Bag Injury

[04-21-08] 1st Dist. CA: Court May Review Opinion Ending Wilkinson Rule

[04-21-08] 6th Dist. CA: Appointed Counsel Doesn't Fight WC Fraud Conviction

[04-28-08] 1st Dist. CA: $700K Asbestos Verdict Against Exxon Mobil Affirmed

[04-28-08] 2nd Dist. CA: Despite Dismissal of WC Fraud, 10-Yr Sentence Affirmed

[04-28-08] 1st Dist. CA: Court Affirms $10M+ in Punitives in Asbestos Case

[04-28-08] 1st Dist. CA: Wrongful Term. Arbitration Clause Voided If Loser Pays Costs

May 2008

[05-05-08] 2nd Dist. CA: Are Newspaper Carriers "Employees"?

[05-05-08] 5th Dist. CA: How Not to Handle an Atty Fee Arbitration Dispute

[05-05-08] S.C.-2nd Dist. CA: Does Failure to Post Notice Toll St/Limitations?

[05-05-08] 1st Dist. CA: Owners of Corp Not Personally Liable for Unpaid Wages

[05-05-08] Supr. Ct: Employers Given Room for Arguing Medical Leave

[05-12-08] 2nd Dist. CA: Widow Denied Life Ins. Based on WC Collateral Estoppel

[05-12-08] 1st Dist. CA: Palm Medical's Jury Verdict Reinstated Against SCIF

[05-19-08] 4th Dist. CA: Employee's Assault on Customer Within Scope of Duties?

[05-19-08] 6th Dist. CA: Failure to Argue Due Process Bars Appeal

[05-19-08] US Supr.: Is It Conflict If Carrier Decides Disability Eligibility?

[05-19-08] 2nd Dist. CA: C&R Release Used Against Employee in Civil Action

[05-19-08] 2nd Dist. CA: Fired Public Employee Can't Sue on Contract Theory

[05-19-08] 4th Dist. CA: Case Tossing Arbitration in FEHA Discrim Dispute Certified

June 2008

[06-02-08] 5th Dist. CA: Another Blow for Workers' TD - This Time State Employees

[06-02-08] 1st Dist. CA: Another DCA Takes Sides on P&S vs. PD Conflict

[06-02-08] 4th Dist. CA: How Long Does Retired Firefighter Have to File Claim?

[06-02-08] 4th Dist. CA: Cost-Sharing Arbitration Clause Unconstitutional

[06-02-08] 4th Dist. CA: Exclusive Remedy Rules Doesn't Preclude Defamation Action

[06-16-08] 1st Dist. CA: 1st Case on 'Kin Care Leave' Liberally Construes for Worker

[06-16-08] Supr.Ct.: Review Granted on Stock Option Plan & LC 201/2

[06-16-08] 5th Dist. CA: Corporate Veil Pierced in Failure to Provide WC Insurance

[06-16-08] 1st Dist. CA: Past 'Good' Conduct Doesn't Negate Discrimination

[06-16-08] 5th Dist. CA: Court Affirms Lack of Evidence in Valley Fever Case

[06-16-08] 2nd Dist. CA: No Liability for "Commuting" Seaman's West Nile Disease

[06-23-08] 5th Dist. CA: 14-Yr WC Litigator Ordered to Pay Atty Fees

[06-23-08] 3rd Dist. CA: LC 5803 Gives WCAB Right to Change PDRS Recon Ruling

[06-23-08] 3rd Dist. CA: 104-Week TD Cap Strictly Interpreted for Separate Injuries

[06-23-08] 2nd Dist. CA: Vacationing SWAT Officer Covered for 'Training' Injury

[06-23-08] 2nd Dist. CA: Court Denies Class Action Status Against SCIF

[06-30-08] WCAB: Panel Presents Interesting Treatment-Outside-MPN Issue

[06-30-08] 2nd Dist. CA: Newspaper Deliverer as 'Employee' Case Now Certified

[06-30-08] 3rd Dist. CA: New Discrimination Concept? "Retaliation Before-the-Fact"?

[06-30-08] 2nd Dist. CA: Court Voids Ruling Awarding TD After 5 Years

[06-30-08] 2nd Dist. CA: 11-Year Delay of Claim Form Tolls Statute of Limitations

July 2008

[07-14-08] US/9: Employee Drug Test Violates 4th Amendment

[07-14-08] S.C.: U.S. Supremes Give Workers (Retaliatory) Break

[07-14-08] 1st Dist. CA: Review Granted on What Constitutes "TD" for Cap

[07-14-08] 4th Dist. CA: Arbitration Clause Ruled Adhesive, Void

[07-14-08] US 9th: Can Employers Read ALL Email and Texts? Not Always!

[07-14-08] 3rd Dist. CA: Judgment Ok Even W/O Statement of Decision

[07-21-08] 3rd Dist. CA: "Ultimate" Sanctions Awarded to Liberty Mutual

[07-21-08] 5th Dist. CA: Is Special Industrial Leave Part of TD Cap?

[07-21-08] CA Sup. Ct.: State Fund's Palm Medical Appeal Rejected

[07-21-08] 1st Dist. CA: Benson Case (Voiding Wilkinson) Granted Review

August 2008

[08-04-08] 2nd Dist. CA: Court OK's Huge Def Fees in Premier Medical Case

[08-04-08] 4th Dist. CA: Disability Claimant Must Exhaust Admin Remedies

[08-04-08] WCAB: Does Surgery Center Need Fict. Name, Med License?

[08-04-08] 5th Dist. CA: Must Look to Pre-2005 Reports Only for Old PDRS

[08-04-08] 4th Dist. CA: Employee Didn't Prove Termination, Can't Sue for Distress

[08-04-08] 3rd Dist. CA: WCJ Used Wrong Test for Which PDRS to Use

[08-04-08] 5th Dist. CA: Case Remanded to Determine How P&S Date Was Decided

[08-04-08] 2nd Dist. CA: 'Specifically Authorized' Power Press Guard Removal

[08-11-08] WCAB: Sweeping Elite Surgery Case Reversed

[08-11-08] 3rd Dist. CA: Writ Granted: Return Atty Fees If Award Reduced?

[08-11-08] 2nd Dist. CA: Oral Referral Fee OK... If You Can Prove It!

[08-11-08] 2nd Dist. CA: No Prima Facie Needed If Direct Gender Bias Evidence

[08-11-08] US/9: Damages for Emotional Distress Under FMLA Clarified

[08-18-08] Sup.Ct: Sandhagen Overturned! Employers Get UR, Not 4062

[08-18-08] 1st Dist. CA: Charter Counties Exempt From Overtime & Meal Rules

[08-18-08] 1st Dist. CA: 24-Visit Chiro Cap Declared Valid

[08-18-08] 3rd Dist. CA: Attempts Past Exclusive Remedy Rule Fail

[08-18-08] WCAB: 2005 PDRS Affirmed in Boughner

[08-18-08] Supr. Ct: Public Policy Firings, Emotional Distress & Whistle Blowers

[08-18-08] WCAB: En Banc: Can "Defrocked" Atty Be WCAB 'Rep'?

[08-18-08] 5th Dist. CA: Negligent Rep of Employer Case: Sanctions Awarded

[08-18-08] 4th Dist. CA: Meal & Break Class Lawsuits Weakened

[08-25-08] 2nd Dist. CA: Triable FEHA Issues & Public Policy

September 2008

[09-02-08] 1st Dist. CA: Sufficient Notice for Worker Arbitration

[09-02-08] 1st Dist. CA: Arbitrating Job Claims When Personal Torts Involved

[09-02-08] 1st Dist. CA: General Contractor's Duty of Care

[09-02-08] 2nd Dist. CA: Deputies' Vacation Pay Ruled 132a Violation

[09-08-08] Supr. Ct: Review Denied in SWAT Officer's Vacation Injury

[09-15-08] 2nd Dist. CA: Arbitration Agreement Valid Despite Procedural Defects

[09-15-08] Supr. Ct: Med Treatment & Religious Beliefs

[09-15-08] Supr. Ct: Homeowner Liable Per Se for Unlicensed Worker?

[09-22-08] 4th Dist. CA: No Reversal for Arbitrator's Failure to Disclose

[09-22-08] 2nd Dist. CA: Delegating Worksite Safety, Is Safety Breach Neg. Per Se?

[09-22-08] Supr. Ct: Supremes to Rule on Med Denials & Atty Fees

[09-22-08] 5th Dist. CA: Deceased Worker Ruled 'Partner' -- No Death Benefits

[09-22-08] 2nd Dist. CA: Unlicensed Ind. Contr. Estopped From Employee Status

[09-22-08] 4th Dist. CA: 'Custom' or 'Policy' Needed for Retaliatory Claim

[09-22-08] 4th Dist. CA: Gay Minister's Claims Barred By 'Ministerial' Rule

[09-29-08] 5th Dist. CA: Looking Beyond 2005 Med Report OK for Pre-2005 PD

October 2008

[10-06-08] 5th Dist. CA: Brooks Says 2-Yr TD Cap Applies to State Workers' Ind. Pay

[10-06-08] 1st Dist. CA: Employer Liable for Worker Despite Driving Home

[10-06-08] 2nd Dist. CA: School's Fails to Accommodate, 900K+ Fees & Damages

[10-06-08] 3rd Dist. CA: Retroactivity of Safety Officers Apportionmt Rules

[10-06-08] 5th Dist. CA: Burden of Proving Apportionment and Overlap

[10-20-08] 2nd Dist. CA: Employer Not Req'd to Create Part Time Job

[10-27-08] 3rd Dist. CA: Who Pays for Voc Rehab Report?

[10-27-08] 2nd Dist. CA: VRMA Not 'Wage-Replacement' -- No Employer Credit

[10-27-08] 1st Dist. CA: 3rd Party Dismissal No Bar to Subrogation Action

[10-27-08] 9th Circuit Upholds San Francisco's Employer Health Care Law

[10-27-08] 1st Dist. CA: App. Atty Gets Priority Over Employer on Lien

November 2008

[11-03-08] 2nd Dist. CA: Can Future Wages Be Credited Against VRMA?

[11-03-08] 5th Dist. CA: Old PDRS Applies Even If New '05 TD

[11-03-08] Supr.Ct: Review Denied in Case Upholding 24-Visit Chiro Cap

[11-03-08] 2nd Dist. CA: Minimum Wage Case Denied Class Action Status

[11-03-08] 2nd Dist. CA: Anti-SLAPP Motion Protects WC Adjuster

[11-10-08] WCAB (en banc): Med Liens & Burden of Proof

[11-10-08] 1st Dist. CA: TD Cap and Injured Teachers

[11-10-08] 4th Dist. CA: Dual Employment Relationship Explained

[11-10-08] 5th Dist. CA: Vera Ignored, Old PDRS Applies Under Gentyle

[11-10-08] 2nd Dist. CA: Is Overtime Due for 'Exempt' AND 'Nonexempt' Duties?

[11-17-08] 2nd Dist. CA: Personnel Action May Be Discrim., Not Emotional Distress

[11-17-08] Huge Attys Fees Ordered From SCIF in Palm Medical Case

[11-17-08] 4th Dist. CA: When Same Policy Covers Employer's Liability Ins. & WC

[11-17-08] Key Panel Decisions

[11-17-08] 1st Dist. CA: Foot Locker Employee Class Settlement Set Aside

[11-17-08] Sup.Ct: 'Equitable' Tolling of FEHA Stat./Limitations

December 2008

[12-01-08] Sup.Ct: Future of Benson Cloudy

[12-01-08] 2nd Dist. CA: "Other Ins." Policy Not Needed to Dismiss CIGA

[12-01-08] 5th Dist. CA: WCJ's Admitted Math Error Too Late to Change

[12-01-08] US/6: RICO Case on WC Denials Proceeds

[12-01-08] Sup.Ct: Uncitable Case Used to Enforce Labor Rules?

[12-08-08] 5th Dist. CA: Pre-Brodie Dykes Case Reopened, Reduced

[12-08-08] 5th Dist. CA: Cop's Cancer Presumption Not Supported by Evidence

[12-08-08] 3rd Dist. CA: C&R PDA Credits: Watch Your Language

[12-08-08] 5th Dist. CA: WCJ Isn't Bound By His Earlier Ruling of "Possible" Injury

[12-08-08] 2nd Dist. CA: Similar Acts of Job Discrim Can Toll S/L

[12-08-08] 2nd Dist. CA: Asbestos Case Reversed, No "Consumer" Instruction

[12-22-08] 4th Dist. CA: No Punitives for Meal & Rest Violations

[12-22-08] 6th Dist. CA: Being Bad Manager Doesn't Violate FEHA

[12-22-08] 3rd Dist. CA: Court Sides With Genlyte on Old Rating Without P&S

[12-22-08] 2nd Dist. CA: What Constitutes 'Notice' to Fire Police Officer?

[12-22-08] 2nd Dist. CA: 'Substantial Evidence' for Firing Drug-Positive Cop

[12-29-08] 5th Dist. CA: Lien for Life Care Plan Denied

[12-29-08] 1st Dist. CA: Split on When PI Suit Against Gen. Contr. Permitted

[12-29-08] 1st Dist. CA: Trial Court Powerless in Arbitration Hearing

[12-29-08] 4th Dist. CA: Admitting Prior Comp Claims in PI Case Harmless

[12-29-08] WCAB (en banc): LC 5814 Penalties & Attorneys Fees

[12-29-08] 1st Dist. CA: Oral Arguments Conclude in Benson Appeal

[12-29-08] 4th Dist. CA: No Standing to Complain of Pot Questions on Job App.