Contract for Hire in California, Drug Testing, Corporate Umbrella: Cal. Comp. Cases January Advanced Postings (1/4/2014)

Here’s the first batch of advanced postings for the January 2014 issue of Cal. Comp. Cases.

Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

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ACIG Insurance Company, insurer for KS Industries, LP, Petitioner v. Workers' Compensation Appeals Board, Huey Brock, Respondents, 2013 Cal. Wrk. Comp. LEXIS 192 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 192 (Lexis Advance)

WCAB Jurisdiction—Out-of-State Injuries—WCAB, affirming WCJ, held that California had jurisdiction pursuant to Labor Code § 5305 over applicant’s industrial injuries, which included quadriplegia and psychiatric injury, when … and that drug screening applicant was required to undergo after arriving for work in North Dakota was not condition precedent to employment because…

Employment Relationships—WCAB affirmed WCJ’s finding that applicant/pipefitter who incurred industrial injuries while working at jobsite in North Dakota for entity identified as KS Industries, LLC, was employee of KS Industries, LP, located in Bakersfield, California, when WCAB found that …

Jeffrey Doty, Petitioner v. Workers' Compensation Appeals Board, Fred Stoke, dba Stoke Trust Fund, Uninsured Employers Benefits Trust Fund, Respondents, 2013 Cal. Wrk. Comp. LEXIS 193 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 193 (Lexis Advance)

Employment Relationships—Employee Status—WCAB, amending WCJ’s finding, held that applicant was presumed to be employee of defendant pursuant to Labor Code § 2750.5 and was not independent contractor when he injured leg on 9/6/2011, because he did not possess contractors’ license that was required for…

Robertshaw Controls, Travelers Property Casualty Company, Petitioners v. Workers' Compensation Appeals Board, Jennifer Owens, Respondents, 2013 Cal. Wrk. Comp. LEXIS 194 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 194 (Lexis Advance)

Injury AOE/COE—WCAB held that applicant machinist/machine operator sustained cumulative trauma injury AOE/COE from 4/1/98 through 3/26/2002 to her upper extremities, neck, and left hand, based on opinions from orthopedic agreed medical evaluator and defense medical-legal evaluator, when WCAB found that…

The Kroger Company, dba Ralphs Grocery, PSI, administered by Sedgwick, Petitioner v. Workers' Compensation Appeals Board, George Velasquez, Respondents, 2013 Cal. Wrk. Comp. LEXIS 195 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 195 (Lexis Advance)

Petitions for Writ of Review—Final Orders—Court of Appeal dismissed petition for writ of review because it was not appealing final order or decision of WCAB, as required by Labor Code §§ 5900 and 5901, when…

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