When an employee is injured in a California workplace accident, they will likely miss a substantial amount of work and may have significant medical expenses related to their injury. When it comes to recovering financially for injuries sustained in a California on-the-job accident, injured workers generally have two avenues of…
In California workplace injury cases, the general rule is that a workers’ compensation claim is the injured employee’s sole remedy against their employer. The idea is that the no-fault workers’ compensation program is a more efficient method of getting an injured employee the compensation they need while they recover from…
Earlier this month, an appellate court issued a written opinion in a California workers’ compensation case requiring the court to determine if an employee’s misdemeanor conviction for workers’ compensation fraud per se precluded him from recovering benefits for his injury. The court concluded that the employee may still be eligible…
Anyone injured while on the job in California may be entitled to receive compensation while they are recovering from their injuries under the California Workers’ Compensation Act (CWCA). Under the CWCA, when an employee suffers a qualifying injury, their employer must cover the employee’s medical expenses as well as provide…
The California Court of Appeal issued an unpublished opinion recently in a lawsuit involving a car accident that occurred when a driver crashed his vehicle through a restaurant and injured a restaurant employee. The employee received workers’ compensation benefits and medical expenses. She then pursued a civil claim against the driver. The…
In a recent unpublished opinion, the California Court of Appeal addressed whether a contractor could be held liable for injuries to an individual after the completion of their work. The lower court had granted the defendant contractor’s summary judgment motion, based on the affirmative defense of the “completed and accepted” doctrine,…
The California Court of Appeal recently addressed whether the Workers’ Compensation Appeals Board could impose penalties for unreasonably delaying or denying advance disability pension payments to local peace officers disabled on the job. The jurisdictional question posed in this case was whether the Workers’ Compensation Appeals Board could impose penalties according…
In an unpublished opinion, a California Court of Appeal addressed whether workers’ compensation served as the exclusive remedy for an employee psychologically harmed by her participation in a staged mock robbery. She was not aware it had been a training exercise. On appeal, the issue was whether the jury had…
In an appeal involving procedural issues central to the claims of injured workers, a California Court of Appeal addressed whether there had been a final order and whether an employer could seek review of a denial of a petition to remove and reconsider. The court reiterated that writs of review…
The California Court of Appeal, Second District, recently addressed the issue of whether an exception applied to the general rule that an independent contractor cannot recover tort damages for work-related injuries from their hirer. In this case, the court found that the employee had not presented evidence that his hirer…