22 Aug 2024

California Compensation Cases August 2024

CALIFORNIA COMPENSATION CASES

Vol. 89, No. 8 August 2024

A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review

CONTENTS OF THIS ISSUE

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JUST CLICK ON THE CASE NAMES BELOW…

Appellate Court Compensation Case

Subsequent Injuries Benefits Trust Fund v. W.C.A.B. (Vargas, Nancy)

Subsequent Injuries Benefits Trust Fund—Credit Rights—Burden of Proof—Court of Appeal, affirming WCAB’s order, held that Subsequent Injuries Benefits Trust Fund (SIBTF) was not entitled to credit under Labor Code § 4753 for Social Security Disability Insurance (SSDI) payments that applicant, who had preexisting disability and was eligible…

Supreme Court Case Not Originating with Appeals Board

Castellanos v. State of California

App-Based Gig Workers—Proposition 22—Constitutionality and Enforceability—California Supreme Court, affirming Court of Appeal, held that (1) Business and Professions Code § 7451, enacted by voters through Proposition 22 (Bus. & Prof. Code §§ 7448 et seq.), does not conflict…

Appellate Court Cases Not Originating with Appeals Board

Bowen (Eugene) v. Burns & McDonnell Engineering Company, Inc.

Peculiar Risk Doctrine/Premises Liability—Application of Privette Doctrine—Retained Control Exception—Court of Appeal, affirming trial court, held that hirers of independent contractor were entitled to summary…

Brothers v. Heritage Logistics, LLC

Vicarious Liability—Employment Relationships—Employees vs. Independent Contractors—Court of Appeal reversed trial court’s judgment that, as matter of law, dump truck driver (driver) who hit and seriously injured plaintiff on construction site while delivering asphalt purchased…

Dominguez (Omar) v. Dish Network LLC

Compromise and Release Agreements—Release of Civil Claims Against Employer—Identification of Correct Employer—Court of Appeal, reversing trial court’s grant of summary judgment in favor of defendant Dish…

Federal District Court Opinion of Related Interest

California Trucking Association v. Bonta

Employee Classifications—Motor Carriers/Truck Drivers—Application of “ABC” Test—Federal Preemption—District Court for Southern District of California denied plaintiff motor carriers’ (plaintiffs) motions for preliminary injunction enjoining enforcement of “ABC” test, as outlined in Dynamex Operations West, Inc. v. Superior Court…

Appeals Board En Banc Decisions

Gonzalez (Guillermo) v. The Bicycle Casino

Sanctions—Bad Faith Actions—WCAB, after issuing notice of intent, en banc, imposed sanctions totaling $5,000.00 each against attorney Susan Garrett and hearing representative Lance Garrett pursuant to Labor Code…

Hidalgo (Abel) v. Roman Catholic Archbishop

Sanctions—Bad Faith Actions—WCAB, after issuing notice of intent, en banc, imposed sanctions totaling $7,500.00 each against attorney Susan Garrett and hearing representative Lance Garrett pursuant to Labor Code…

Digests of WCAB Decision Denied Judicial Review

The Cincinnati Reds LLC v. W.C.A.B. (Bates, Eric)

Evidence—WCAB’s Duty to Develop Record—Due Process—WCAB, granting reconsideration, upheld WCJ’s order deferring determination of applicant professional baseball player’s periods of temporary disability and permanent disability pending…

Other WCAB Decisions Denied Judicial Review

The Cheesecake Factory v. W.C.A.B. (Casarez, Yesenia)

Medical-Legal Procedure—Additional Qualified Medical Evaluator Panels—WCAB, reversing WCJ, held that applicant who suffered industrial injury to her low back and left elbow, and claimed to have suffered worsening hypertension and blood infection due to fall on 2/6/2019 while…

City of Seaside v. W.C.A.B. (Garcia, Michael)

Petitions for Writ of Review—Premature Petitions—Court of Appeal denied defendant’s Petition for Writ of Review as premature, when WCAB, on its own motion, had granted reconsideration of decision…

Employers Outsourcing, LLC v. W.C.A.B. (Vazquez, Martin)

Compromise and Release Agreements—Adequacy—WCAB, denying removal, affirmed WCJ’s order suspending approval of parties’ compromise and release agreement and setting matter for hearing based on concerns…

Simon (Joyce) v. W.C.A.B.

Subsequent Injuries Benefits Trust Fund—Statute of Limitations—WCAB, denying reconsideration, affirmed WCJ’s finding that applicant’s application for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits…

Appeals Board Panel Decisions

Gonzalez (Francisco) v. Vermont Healthcare Center, LLC

Medical Provider Networks—Release from Medical Care—Second Opinion Process—WCAB, granting reconsideration, held that applicant who was industrially-exposed to tuberculosis while employed as certified…

Salcido (Ramberto) v. Waste Management Collection and Recycling

Medical-Legal Procedure—Additional Qualified Medical Evaluator Panels—WCAB, granting reconsideration and applying removal standard, reversed WCJ’s finding and held that applicant who filed claim for…