Employer’s Right to Credit in Third-Party Recovery Not Barred When Employer Not Aware of Hazardous Conditions: Cal. Comp. Cases October Advanced Postings (10/7/2015)

Here’s the latest batch of advanced postings for the October 2015 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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Angel Perez-Zepeda, Petitioner v. Workers' Compensation Appeals Board, DMS Facility Services, Inc., Zurich North America, Respondents, lexis.com, Lexis Advance

Third Party Actions—Credit—Employer Negligence—WCAB, affirming Arbitrator, held that applicant janitor assigned by employer DMS Facility Services to provide janitorial services at decommissioned building owned by third-party Sargent Fletcher did not meet his burden of proof to establish employer negligence in connection with industrial injuries he incurred upon falling approximately nine feet while moving furniture after guardrail had been removed from his work area, and that, consequently, employer’s right to credit under Labor Code § 3361 for applicant’s third-party recovery was not barred or reduced, when…

Kim Smith, Petitioner v. Workers' Compensation Appeals Board, County of Los Angeles/Public Health, Tristar Risk Management, Respondents, lexis.com, Lexis Advance

Compromise and Release Agreements—Setting Aside—WCAB dismissed pro per applicant’s untimely petition for reconsideration challenging WCJ’s order denying applicant’s request to set aside order approving compromise and release agreement, and would have denied petition on its merits, had petition been timely filed, when…

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