The trial court decided that, since a janitorial business had an arbitration agreement with its workers compensation insurance company, the doctrine of equitable estoppel applied with regard to whether, or not, it had to arbitrate a dispute with the third party administrator of its workers compensation claims. The Court of Appeal found the doctrine inapplicable and […]
State Not Liable For Accident Caused By Employee Driving To Work From A Medical Workers Compensation Appointment.
Employee of a state prison who was injured on the job was driving to work after seeing a Workers Compensation doctor for the injury when she allegedly caused an accident which resulted in severe personal injuries to plaintiff. Following presentation of plaintiff’s case, the trial court entered nonsuit in favor of the State. The appellate […]
Wrongful Termination Claim Against Hospital Dismissed.
Plaintiff sued a hospital for wrongful termination in violation of public policy because it allegedly violated Labor Code §132a, which generally prohibits discharging an employee for filing a workers’ compensation claim, and for defamation because the hospital told others why she was fired. The trial court dismissed her claims pursuant to different motions brought by […]
Howell V. Hamilton Meats Concept Extended To Workers Compensation Lien.
Howell v. Hamilton Meats & Provisions, Inc., 52 Cal.4th 541, [257 P.3d 1130; 129 Cal.Rptr.3d 325], held an injured person’s recovery of past medical expenses as economic damages was limited to the discounted amount that the medical providers accepted as payment in full from the injured person’s private health insurance carrier. This appellate panel concluded […]
No Loss Of Consortium Claim Under Labor Code §4558.
Where an employee is injured in the course and scope of his or her employment, workers’ compensation is generally the exclusive remedy of the employee and his or her dependents against the employer. (Labor Code §§ 3600(a), 3602). Labor Code §4558 authorizes an injured worker to bring a civil action for tort damages against his […]
Revocation Of Chiropractor’s License Upheld.
Superior court denied a petition for writ of administrative mandate brought by a chiropractor who contended the State Board of Chiropractic Examiner’s decision to revoke her license was not supported by the evidence, and that she was denied a fair hearing. The chiropractor was convicted of seven misdemeanor violations of presentation of fraudulent claims for […]
Hoist By Its Own Petard.
In an underlying suit, a worker sued a crane company for work-related injuries. The crane company cross-complained against the worker’s employer, seeking indemnity. There had been a form contract between the crane company and the employer which specified that Pennsylvania law would be followed. The trial court found the indemnity agreement was inapplicable to the […]
Dismissal Of Appeal Rejected & Jury Award Upheld After Work Comp Benefits Deducted.
Response by the Court of Appeal when the parties notified the court the matter had been settled: “The parties stipulated to a dismissal of the appeal on the day before the matter was initially set for oral argument based on a proposed settlement. We rejected the stipulation and re-calendared oral argument because we determined that […]