Defendant Hired Applicant in His Capacity as Homeowner and Not as Part of His Rental Property Business: Cal. Comp. Cases January Advanced Postings (12/29/2015)

Here are the latest advanced postings for the January 2016 issue of Cal. Comp. Cases.

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Abel Reyes-Garcia, Petitioner v. Workers' Compensation Appeals Board, Lee Lai, Christine Baker, Director of Industrial Relations/State of California, as Administrator of Uninsured Employers Benefits Trust Fund, Respondents, lexis.com, Lexis Advance

Employment Relationships—Residential Employees—WCAB, affirming WCJ in split panel decision, held that defendant Lee Lai hired applicant in his capacity as homeowner and not in course of his “trade, business, profession, or occupation” within meaning of Labor Code § 3355, and that applicant was excluded from workers’ compensation coverage under Labor Code § 3352(h), when WCAB panel majority found that…

Keith Byars, Petitioner v. Workers' Compensation Appeals Board, New York Jets, California Insurance Guarantee Association, on behalf of Reliance Insurance Company, in liquidation Respondents, lexis.com, Lexis Advance

WCAB Jurisdiction—Professional Athletes—WCAB, in split panel decision, affirmed its prior decision, Byars v. New York Jets, 2015 Cal. Wrk. Comp. P.D. LEXIS 125 (Appeals Board noteworthy panel decision), in which it held that California had no jurisdiction over New York Jets or applicant professional football player’s claim for industrial cumulative injury, when applicant was temporarily in California for football games but connection between applicant’s claimed cumulative trauma and California was de minimis, as described in Federal Insurance Co. v. Workers’ Comp. Appeals Bd. (Johnson) (2013) 221 Cal. App. 4th 1116, 165 Cal. Rptr. 3d 288, 78 Cal. Comp. Cases 1257, because applicant played only eight or nine games in California out of approximately 250 games played over his…

Pomona Unified School District, PSI, administered by CorVel Corporation, Petitioner v. Workers' Compensation Appeals Board, Jerry Bryant, Respondents, lexis.com, Lexis Advance

Medical Provider Networks—Liability for Outside Treatment—WCAB affirmed WCJ’s finding that applicant teacher who suffered industrial injury to his lumbar spine, right knee, psyche, and in form of sleep disorder, and cumulative trauma injury to his right knee, was entitled to treat outside defendant’s medical provider network, when WCAB found that...

Estela Chanchavac, Petitioner v. Workers' Compensation Appeals Board, LB Industries, Inc., Sentry Insurance, Respondents, lexis.com, Lexis Advance

Petitions for Writ of Review—Final WCAB Decisions—Court of Appeal dismissed petition for writ of review because petitioner was appealing non-final WCAB order/decision, contrary to…

Drew Hall, D.C., Petitioner v. Workers' Compensation Appeals Board, HRT Industries, California Insurance Guarantee Association, administered by Sedgwick CMS, on behalf of Mission Insurance Company, in liquidation, Sharifah Rosso, Respondents, lexis.com, Lexis Advance

Lien Claims—Dismissal—WCAB dismissed lien claim of lien claimant who provided medical treatment for applicant’s 7/3/84 industrial injury, when WCAB found that…