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August 2004
September 2004
January 2005
February 2005
March 2005
April 2005
May 2005-August 2006

January 2007
February 2007
March 2007
April 2007
May 2007
June 2007

January 2008
February 2008
March 2008
April 2008
May 2008
June 2008
October 2004
November 2004
December 2004
September 2006
October 2006
November 2006
December 2006

July 2007
August 2007
September 2007
October 2007
November 2007
December 2007

July 2008
August 2008

-- Date case was archived is in brackets [ ] --

August 2004

-- IF CASE LINK DOESN'T WORK --

[08/20/04] Christmas in July for CIGA! 2 Back-to-Back Rulings

[08/20/04] ACOEM TRUMPs Treating Doc / Neuro If No Scientific Evidence

September 2004

-- IF CASE LINK DOESN'T WORK --

[09/13/04] Supreme Court: C&R Doesn't Settle Civil Claims!

[09/30/04] WCAB Defines LC 4650d Benefits as "Penalty"

October 2004

-- IF CASE LINK DOESN'T WORK --

[10/11/04] New Case on Apportioning Prior Awards Before SB 899

[10/12/04] En Banc Case Clarifies Unrepped Worker's Treatment Rights

[10/15/04] New Case: Old Law Governs Rehab Appeal if Pre-04 Injury

[10/21/04] New En Banc Scheftner Case May Not Be Over!

[10/22/04] High Court Sends Back WCAB Case Re VR Deadline

[10/25/04] Temp. Agency Appealing 2nd CA Ruling Re CIGA

November 2004

-- IF CASE LINK DOESN'T WORK --

[11/05/04] New CIGA Case Sent Back to Court of Appeal

[11/05/04] 2nd Dist. CA Affirms Ruling on Temp-Agencies & CIGA

[11/05/04] 2nd CA Rules General's Insurer Not Liable to Sub's

[11/05/04] Interesting WC Cases Pending

[11/05/04] Reviewing US & Cal Supreme Ct. WC Cases in 2004 & 2005

[11/23/04] Primary/Secondary Coverage Under Ins. Code Irrelevant

[11/23/04] Supreme Court Reaffirms Who Interprets Laws

[11/29/04] CAAA Lawsuit Attacking MPN Regulations
- CAAA's Lawsuit Dismissed, Court Says No "Aggrieved" Party!
- Read the Full CAAA Complaint Attacking MPN Regs!
- The Insurance Industry Responds to CAAA's Lawsuit
- More Articles & Comments About CAAA's Lawsuit

December 2004

-- IF CASE LINK DOESN'T WORK --

[12/09/04] 2nd District CA Grants Rehearing in RemedyTemp/CIGA Case

[12/09/04] New Unpublished Case: TTD Still Due for Retiree

[12/14/04] Florida Supremes Say Bye to Workers' Comp. Rules

[12/20/04] Oakland Judge Rules on Apportionment

[12/20/04] Exclusive: Beware of Sandhagen v. SCIF (by Cliff Levy)

[12/20/04] En Banc Decision Clarifies SB 899's Retroactivity!

[12/27/04] CA Rules Employee Who May Make Complaint Can't Be Fired

January 2005

-- IF CASE LINK DOESN'T WORK --

[01/24/05] US Supreme Ct. Validates Berkeley "Living Wage" Law (Sort of)

[01/24/05] Landlord Liable for Tenant's Employee's WC Injuries

[01/24/05] Court Rules in Favor of Dept. of Insurance & Against SCIF

February 2005

-- IF CASE LINK DOESN'T WORK --

[02/07/05] Supreme Ct. Rules PI Atty Fees Part of Injured's Income

[02/07/05] Lawsuit Filed Regarding New P.D. Schedule!

[02/07/05] Court Ruling on Penalties Affecting Injured Worker's Widow

[02/17/05] Second District CA Expands Cancer Presumption

[02/17/05] Supreme Court Hears Oral Argument in Campbell Case

[02/17/05] WCAB Says "Cure and Relieve" Means "Cure OR Relieve"

[02/17/05] WCAB: Penalty Statute Retroactive, New Statute of Limitations

[02/17/05] En Banc Decision on Utilization Review Guidelines (Sandhagen)

[02/22/05] Supreme Court Asked to Define "At Will" Termination

March 2005

-- IF CASE LINK DOESN'T WORK --

[03/07/05] WCAB: New Apportionment Doesn't Change AOE/COE Laws

[03/07/05] Supreme Court Clarifies When 90-Day Denial Period Starts

[03/07/05] New Sandhagen Case: UR Not Mandatory for LC 4062

[03/07/05] 2nd CA: No WCAB Exclusive Jurisdiction in Uninsured Case

[03/07/05] Old Labor Code Section 4062 Applies to pre-2005 Cases

[03/07/05] WCAB: New Apportionment Doesn't Change AOE/COE Laws

[03/07/05] Supreme Court Clarifies When 90-Day Denial Period Starts

[03/07/05] New Sandhagen Case: UR Not Mandatory for LC 4062

[03/07/05] 2nd CA: No WCAB Exclusive Jurisdiction in Uninsured Case

[03/07/05] Old Labor Code Section 4062 Applies to pre-2005 Cases

[03/07/05] All Apportionment Under SB 899 RETROACTIVE

[03/08/05] 5th DCA Rejects Widow's Appeal under L.C. 5502

[03/08/05] DWC Responds to CAAA's P.D. Lawsuit

[03/16/05] CA 5th: L.C. 132a NOT Available for Former Employees

[03/18/05] Golden Eagle Not Required to Defend Employer

[03/21/05] Court of Appeal Publishes Retroactive Apportionment Ruling

[03/21/05] Court Declines to Broaden 5-Year Statute to Re-Open

[03/21/05] Court Rejects State Fund's PEO Underwriting Policy

[03/28/05] Court Rejects Governor's Order Requiring In-Office State Work

[03/28/05] Sandhagen Case Will Not Die

April 2005

-- IF CASE LINK DOESN'T WORK --

[04/04/05] Ct. of Appeal Rejects WCAB's Attempt to "Regulate" UEF

[04/04/05] Firing Perceived Alcoholic Worker Violates ADA

[04/18/05] Special: Newest PD Rate Lawsuit Thrown Out Again??

[04/25/05] Writs Granted in Cases Involving Illegal Immigrant Workers

[04/25/05] 2nd CA Explains "Covered Claim" for CIGA, Annuls WCAB

[04/25/05] Supreme Ct. Rules Age Discrim. Needn't Be Intentional

[04/25/05] New Fed Case Impacts Depo Questions on Immigration Status

[04/25/05] WCAB Apportionment Decision a Blessing for Employers

[04/25/05] No CIGA Reimbursement to Carrier Even If "Joint & Several"

May 2005 - August 2006

-- IF CASE LINK DOESN'T WORK --

[08/30/06] Treating Doctor Presumption Gone For ALL Injury Dates

[08/30/06] Already-Awarded WC Benefits Unaffected in New Asbestos Bill

September 2006

-- IF CASE LINK DOESN'T WORK --

[09/21/06] Read Escobedo En Banc Apportionment Case

[09/21/06] New Late Penalty Law Applicable to ALL Cases as of 6/1/04

[09/21/06] Court Allows Voc. Rehab Issue AFTER 5 Years!

[09/21/06] Ct./Appeal Rules No Malicious Prosecution for Filing 132a

October 2006

-- IF CASE LINK DOESN'T WORK --

[10/09/06] CA/ Rules Conflicting Med Reports Rarely Appealable

[10/09/06] Opinion Certified Nixing Credit Against Voc. Rehab. Benefits

[10/09/06] LC 4650 Penalties Not Based on "Unreasonableness"

[10/09/06] WCAB Panel Specifies Criteria for Spinal Surgery Objections

[10/09/06] LC 4664's Presumption of Lifetime PD is Conclusive

[10/16/06] Verdict Still Out Whether Supremes Will Review Chatham

[10/23/06] WCAB to Ct Administrator: "Can't Unring Bias Bell!"

[10/23/06] New AOE/COE Issues Require LC 4062.2 Rules, Not 4064(d)

[10/23/06] Brodie Case Sets Stage for Sup. Ct. Apportionment Showdown

[10/30/06] CA/: Correctional Officer NOT 'Peace Officer' When Off Duty

November 2006

-- IF CASE LINK DOESN'T WORK --

[11/06/06] Fraudulent Concealment Still Trumps Excl. Remedy Rule!

[11/06/06] Brodie Case Filed With Supreme Court

[11/06/06] Supremes Reject Review of Sierra Pacific Case

[11/13/06] CA/ Rules "County," Not Distance, Decides Venue

[11/13/06] VR Late Penalty When Defense Renegs on QRR

December 2006

-- IF CASE LINK DOESN'T WORK --

[12/04/06] Does Vacation Time, Not Sick Leave, for WC Eval = 132a?

[12/04/06] Claims Adjusters Exempt From Federal Overtime Rules

[12/04/06] Court Permits VR Request Beyond 5 Years, Sometimes

[12/04/06] WCAB Spells Out Proper Notice Required for MPN's

[12/04/06] Safety Officers Exempt from Apport. Rules

[12/11/06] Does 1st Amend. Trump Workers' Comp at Church?

[12/11/06] Exclusive Remedy Rule Trumps Strict Liability Law!

[12/18/06] Court Says 'Aging' Apportionment May Be Speculative

[12/18/06] Is Injury at Employer-Provided Rental Compensable?

[12/18/06] Is Employer Liable for Bad Surgery Approved By Mistake?

[12/18/06] Can Def. Recover Harassment Pay-Out From Employee?

[12/18/06] Latest WCAB Venue Case Certified for Publication

[12/31/06] Court Kills WC Dependant Death Benefits

[12/31/06] Finally... Published Decision on Apportionment Formula!!

[12/31/06] Appeals Ct. Reaffirms Apportionment Law's Retroactivity

[12/31/06] Ct. Rules Whether Circumstances Permit TD After 5 Years

[12/31/06] Court Finds No Tort Liability Against 3rd Party Landlord

[12/31/06] CA/ Rules Whether WC Claim Tolls P.I. St/Limitations

[12/31/06] What's "ExtraOrdinary" For 6-Month Psyche Exception?

[12/31/06] Out-of-State Court Limits Commercial Travelers Rule

[12/31/06] Court of Appeal Rules on Utilization Review Deadlines

[12/31/06] Appeals Ct. Rules on Knowledge vs. Disability CT Claims

[12/31/06] WCAB Orders Halts to Apportionment Case Reviews

Janaury 2007

-- IF CASE LINK DOESN'T WORK --

[01/15/07] App. Ct. Finds New Winner for Most Merit-less Appeal

[01/15/07] Recent Apportionment Decision Certified for Publication

[01/15/07] Supremes Grant Hearing on Apportionment Cases

[01/15/07] Court Defines Seasonal Employee's Rights to TD

[01/15/07] Another App. Ct. Takes Sides on Apportionmt Formula

[01/29/07] Ct. Explains Why Claim Not Barred 3 Years After Quitting

[01/29/07] En Banc Decision on PDRS Retroactivity Under Review

[01/29/07] CA/ Upholds New Ruling on Psyche 'Extraordinary Event'

[01/29/07] Good News / Bad News in PDRS En Banc Decision

February 2007

-- IF CASE LINK DOESN'T WORK --

[02/05/07] CA/ Reaffirms Exclusive Remedy in 'Contract' Lawsuit

[02/05/07] Another Apportionment Case Reaches High Court

[02/05/07] WCAB Defers Attorneys Fees in Apportionment Cases

[02/05/07] 1st District Rules 'Single-Sentence' "Report" No Good

[02/05/07] CA/ Decides If 'New & Further' Applies to Known Injury

[02/05/07] Out-of-State Sup. Ct. Questions No-Fault WC Concept

[02/19/07] Ct. Rules Pain Complaint Sufficient "Notice of Injury"

[02/19/07] CA/ Defines What's Not a Power Press

[02/19/07] Is It an ADA Violation If Light Duty Not Offered?

[02/26/07] Time to Recon Amended Award Now Published

[02/26/07] CA/ Rules If Recon Petition Timely for Amended Award

March 2007

-- IF CASE LINK DOESN'T WORK --

[03/05/07] Blanket "PD-Probable" Report Case Certified

[03/05/07] CA/: Informal Doctor Inquiry Not Sufficient for AOE/COE

[03/05/07] Supreme Court Agrees to Expedite Brodie Cases

April 2007

-- IF CASE LINK DOESN'T WORK --

[04/09/07] Attorneys Who Will Argue Brodie Cases Named

[04/09/07] Read U.S. Court Decision on Labor Law and Indian Tribes

[04/09/07] 5th CA/ Parts With 4th on Apportionment Issue

[04/09/07] Does $80K/Yr Atty Serving as a Juror Get Minimum TD?

[04/09/07] Appeals Ct. Explains When House Worker Is 'Employee'

[04/09/07] 1st District CA/ to Review Baglioni En Banc Issue

[04/09/07] Supremes Take Another Apportionment Case, Join 2 Others

[04/09/07] As Oral Arguments Approach, Brodie Briefs Mount

[04/09/07] Appellate Ct. Rules HOA & Property Mgr Are Dual Employers

[04/09/07] Supreme Court Sets Brodie-Welcher Cases for April

[04/09/07] Supreme Court Accepts Eighth Apportionment Case

[04/09/07] Appeals Ct. Slams Wal-Mart for Not Understanding WC Law

[04/16/07] Min. Wage Law Not Precluded by Immigration Laws

[04/16/07] Court Remands Recon Petition Filed in Wrong Department

[04/16/07] Another Appellate Court Discusses When Old Ratings Apply

[04/16/07] En Banc: [REVERSED] Using Old PDRS

[04/16/07] En Banc: What in Med-Legal Report Triggers Old PDRS? [REVERSED]

[04/23/07] Joint HOA and Property Mgr Liability Case Certified

[04/23/07] 3 Cases Get Appellate Review on Which PDRS To Use

[04/23/07] Questionable Procedures Lead CA/ to Reopen WC Settlement

[04/23/07] Court Upholds 'Substantial Evidence' for Non-Industrial Suicide

[04/30/07] Read Latest Briefs on Appeal for New WC Fee Agreements

May 2007

-- IF CASE LINK DOESN'T WORK --

[05/07/07] Major Change in Attys Fees Ordered for Med Denials

[05/14/07] 5th Dist. Explains "Going-Coming" Exceptions in Death Case

[05/14/07] Ct. Rules Whether WCJ Can Raise Presumption, Disregard Stips

[05/14/07] Supreme Court Gives Employees More Time to Sue for Meal Breaks

[05/21/07] Employee Not Barred From 3rd Party Suit If Employer Settles

[05/21/07] 5th CA/ Rules Rehab Expert Not Conclusive on 100% PD Issue

[05/28/07] More on What's 'Extraordinary' for 6-Month Psyche Exception

[05/28/07] Court Rules on Using Vacation Time for WC Doctor Visits

[05/28/07] En Banc: Applicable Injury and Award Dates for MPN's

[05/28/07] Appeals Court Hears Issues From 2 Controversial En Banc Cases

[05/28/07] En Banc Reversal #1: TD and the Old PDRS (Pendergrass)

[05/28/07] En Banc Reversal #2: Medical Reports and the Old PDRS (Baglioni)

June 2007

-- IF CASE LINK DOESN'T WORK --

[06/04/07] Court Rules on Delayed 'Expedited' Hearing & Due Process

[06/04/07] Who Has Burden of Proof in FEHA Discrimination Case?

[06/04/07] Court Rules on Rights to Employer's U.M. Coverage After C&R

[06/04/07] Expect Supreme Court to Rule on Old vs. New PDRS Issues

[06/04/07] Ct. Finds Not Every Post-Injury Job Change is FEHA Violation

[06/04/07] WCJ Invalidates New Rating Schedule as Arbitrary!

[06/11/07] Is Carrier's Managing Agent Liable for Non-Issuance of WC Policy?

[06/11/07] Attys Fees Awarded for Appeal If Competent Med Report Exists

[06/11/07] Ct. Rules on Off-Duty Injury for 'Mounted' Deputy Caring for Horse

[06/11/07] Ct. Explains Serious & Willful vs. Negligence

[06/18/07] CA/2: 3rd-Party 'Integration' Clause & Exclus. Remedy Rule

[06/18/07] CA/4: Med Evidence in Service-Connected Retirement Claim

[06/18/07] WCAB: Retiring WCJ Issues Sweeping Ruling on Out-Patient Liens

[06/18/07] CA/4: SCIF Returned to Court on Brokers' Unfair Practices Claims

[06/18/07] CA/1: Briefs Filed on Excluding Doctors From MPN's

[06/18/07] WCAB: Defense Rips Former S.D. WCJ's Ethics & Competence

[06/18/07] CA Supr: Reviewing Case Re Attys' Fees & Post-Award Med Denials

[06/18/07] CA/3: Opinion on Suing Employer for "Public Policy" Violation

[06/25/07] CA Supr.: Review Granted of Sandhagen Cases

[06/25/07] CA/ 4: Request Made to Certify SCIF vs. Brokers Opinion

[06/25/07] CA/1 Costco Opinion Modified to Spell Out When to Use Old PDRS

July 2007

-- IF CASE LINK DOESN'T WORK --

[07/02/07] US Supr.: Read Opinion Limiting Title VII Job Discrimination

[07/02/07] CA/3: Are Apportionment Rules Age-Gender Discriminatory?

[07/09/07] CA/1: Which PDRS When TD Paid in 2004 & 2005?

[07/09/07] U.S.9: Does L&H Cover Photographer Taking Ship Tourist Photos?

[07/09/07] CA Supr.: Ct. Rejects Attack on SB 899 Apportionment

[07/16/07] CA/1: Using Exclusive Remedy Rule's 'Aggression' Exception

[07/16/07] CA Supr.: Brodie-Welcher Cases!

[07/16/07] WCAB: Important Ruling on Safety Officers' Apportionment

[07/23/07] WCAB: Novel Approach Used for Skirting 2-Yr TD Cap

[07/23/07] WCAB: Employer's Recon Petition on Decision Attacking New PDRS

[07/23/07] WCAB: Is $10K Treatment Law Retroactive?

[07/23/07] CA/3: Does Heart Presumption Apply to Horse Racing Investigator?

[07/23/07] CA/1: Opinion Certified on Paying TD After 5 Years

[07/30/07] WCAB: When Does QME Panel Appointment Bind Applicant?

[07/30/07] CA/5: Does Recon Deadline Start to Run When Fraud Discovered?

[07/30/07] CA/4: Effect of WCAB Case on Retirement Board

[07/30/07] CA/2: Res Judicata & Retirement Claims: Appeal or Forget It!

August 2007

-- IF CASE LINK DOESN'T WORK --

[08/06/07] CA/4: Review Standard for Disability Retirement Cases

[08/06/07] WCAB: Read Decision Invalidating 2005 Rating Schedule

[08/06/07] CA/1: Is Delivery Driver 'Working' After Finishing Last Delivery?

[08/06/07] WCAB: Figuring 2-Yr TD Cap: From When TD Due or When Paid?

[08/06/07] CA/1: Ruling on Baglioni & Pendergrass PDRS Issues

[08/13/07] CA/1: Brodie-Welcher Rulings Filtering Down

[08/20/07] CA/1: Court Reverses Another Case to Comply with Costco

[08/20/07] CA Supr.: Another Case Reversed to Conform with Brodie

[08/20/07] CA/1: Case Certified Supporting Costco, Pendergrass

[08/20/07] CA/1: Court Reverses Another One on Costco/Chavez Grounds

[08/20/07] CA/3: Another 'Old PDRS' Argument Bites the Dust

[08/20/07] CA/3: No Employer Liability for Bad 2nd-Opinion Spinal Surgery

[08/27/07] CA/5: Infectious Disease Presumption in Cop's Death Case

[08/27/07] CA/2: Court Gives CIGA Another Win (State Fund: Zero)

[08/27/07] CA/5: Watch Your Stips in 'Retroactive' P&S Report

September 2007

-- IF CASE LINK DOESN'T WORK --

[09/04/07] CA/4: VR Eligibility Letter Not Binding on Retirement Board

[09/04/07] CA/2: Can Contractor Sue Employer for Safety Violation?

[09/04/07] CA/1: Can't Use ACOEM for Chronic Back

[09/04/07] WCAB: Does Lien Holder Need Fictitious License?

[09/10/07] CA/5: Sewer Worker's Hepatitis C Found to be Work-Related

[09/10/07] CA/2: Court Amends Typos (and Other Things) in CIGA Opinion

[09/10/07] CA/1: Costco Case Saves & Costs Employer

[09/10/07] CA/1: Does LC4642 Repeal Change Paying VR Outside Cap?

[09/10/07] CA/4: "Preliminary" PD Not Enough Without P&S for Old PDRS

[09/17/07] Sup.Ct.: Hearing Denied in Mounted Deputy Horse-Shoe Case

October 2007

-- IF CASE LINK DOESN'T WORK --

[10/01/07] CA/1: WC Fraud Requires Specific Intent to Defraud

[10/08/07] CA/3: No Assumption of Risk in Student v. School Relationship

[10/08/07] CA/4: Is Employee 'Working' If Driving Own Vehicle? Maybe...

[10/08/07] WCAB: Board Defines 'Amputation' & How TD Cap Is Affected

[10/08/07] CA/5: Parties Can 'Stipulate Away' 90-Day Presumption

[10/08/07] CA/5: ACOEM Guides & 'May Be' Treatment Stips

[10/08/07] CA/4: When is 'Court Congestion' Defense to Subro S/L?

[10/08/07] CA/3: No Heart Presumption for "Cop-Like" Duties Certified

[10/08/07] CA/1: Good Review of Cases Holding New PDRS Applies

[10/08/07] CA/6: 'Oh My God, He's Gay' Comment Ruled Triable Issue

[10/22/07] CA/3: Cases Reinforce Costco, Pendergrass on TD Duty to Notify

[10/22/07] CA/1: Worker Must Cooperate Before Filing FEHA Claim

[10/22/07] Sup.Ct.: High Court Puts Burden on Employee in FEHA Case

[10/22/07] CA/5: Is Employee's 'Good Samaritan' Injury Compensable?

November 2007

-- IF CASE LINK DOESN'T WORK --

[11/13/07] Worker Wins Race Discrim Suit With Help of "Excuse Me" Comment

[11/13/07] CA/2: Stores Have Limited Right to Prohibit Signature Gathering

[11/13/07] CA/5: Demotion is FEHA Violation, When to Award Attys Fees

[11/13/07] CA/4: Firefighter's CT Claim Untimely, Rating All Injuries Improper

[11/13/07] CA/6: Google Suit for Age Discrimination Allowed to Proceed

[11/19/07] CA/5: Court Denies Pro Per Applicant Right to File Late Appeal

[11/19/07] CA/5: Amending Pleading Allowed to Skirt Exclusive Remedy Rule

[11/19/07] CA/4: Liability Carrier Must Defend Employer in WC Death Case

[11/19/07] CA/6: Employee Belatedly Awarded Costs in Google Case

[11/19/07] CA/3: Is Reporting Wage Loss Violations Triable Issue?

[11/19/07] CA/2: Court Clarifies When Commercial Traveler Rule Won't Work

[11/19/07] CA/4: Worker's Attorney Fees in 3rd-Party Actions

[11/19/07] CA/4: "Preliminary" PD Report Case Now Certified

[11/26/07] CA/3: TD End Date Determines If Old PDRS Applies

[11/26/07] CA/2: Death Threats to Co-Workers Not Protected by FEHA

[11/26/07] CA/4: New PDRS Used When Not Ratable Under Old PDRS

[11/26/07] CA/3: Published Opinion Throws Out 'Special' WC Fee Agreement

December 2007

-- IF CASE LINK DOESN'T WORK --

[12/03/07] CA/6: 'Check-Box' Report Not 'Substantial Evidence'

[12/03/07] CA/1: WCAB Decision Reversed Without Summary of Evidence

[12/03/07] Sup.Ct.: Supremes Allow Employer's WC-Claims Bonus Plan

[12/03/07] CA/6: Another '97 PDRS Case Bites the Dust

[12/10/07] Out-of- State Court Rules Med-Mal Cap Unconstitutional

[12/10/07] CA/5: Barbara Clark Gets Drop-Kicked by Appeals Court (Again)

[12/10/07] AARP, ACLU File Briefs Supporting Women, Older Workers

[12/10/07] CA/4: General Contractor Insulated From Liability by Court

[12/24/07] CA/3: Violated Safety Order Ruled Neg. Per Se, $2.95 Mil Award

[12/31/07] Burned Worker Gets Largest Fed. Damages in Fresno History

[12/31/07] CA/2: Retaliatory Theft Convictions Reversed for Pros. Misconduct

[12/31/07] CA/2: School Immune for Privacy Invasion During WC Inquiry

[12/31/07] CA/4: Home Depot Overtime Cases Affirmed

January 2008

[01-14-08] CA/5: Indust. Claim for Erectile Problems Peters Out

[01-14-08] CA/1: FEHA Doesn't Require Exhausting Admin. Remedies

[01-14-08] CA/2: If Guardian Acts Like Nurse, Pay Like Nurse!

[01-21-08] Sup. Ct.: Is Firing for Medical Marijuana Discrimination?

[01-28-08] CA/2: 'Special Employer' Doctrine Affirmed in Movie Studio Injury

[01-28-08] CA/2: Exhaust Labor Ruling Admin. Remedies Before Judicial Relief

[01-28-08] CA/2: New 'Commercial Traveler Rule' Case Certified

February 2008

[02-04-08] CA/2: Carrier Needn't Investigate If No WC Coverage

[02-04-08] CA/2: Vera Nixed? Pre-2005 P&S Not Req'd

[02-04-08] CA/4: More Than Misrep Needed Before Canceling Health Ins.

[02-04-08] CA/4: 'Bunkhouse Rule' Expanded

[02-04-08] WCAB: Board Sides With Interpreters

[02-04-08] CA/6: Certified Case Clarifies Old PDRS Exceptions

[02-04-08] CA/3: New Age-Discrim. Case (Post Vaira)

[02-04-08] CA/2: Is Forced Return of Stock Labor Code Violation?

[02-11-08] CA/3: Vaira Says No Age-Related Apportionmt

[02-11-08] CA/4: Recon Unit's 'Wrong' Address Excused in Late Filing

[02-18-08] CA/3: Issue of Age-Related Apportionment Still Alive

[02-18-08] S.C.: Supreme Court Rules on Firing for Med Pot Use

[02-25-08] CA/5: Is 104-Wk TD Cap Constitutional?

[02-25-08] Sup. Ct: Hearing Ordered Despite Unverified Petition

[02-25-08] CA/2: Can More Than 1 Report Equal 1 'Med-Legal'?

[02-25-08] CA/1: Hearing Granted: Is 24-Visit Treatment Cap Legal?

March 2008

[03-03-08] CA/3: Court Won't Certify Vaira, Apport. Remains in Limbo

[03-03-08] CA/5: Is Temp, Non-Civil Service Worker Covered Under FEHA?

[03-03-08] CA/4: Employer Precluded From S/L Defense in Indemnity Case

[03-03-08] CA/2: Barring Worker's Experts Harmless Error in Ins. Fraud Case

[03-03-08] CA/4: Specific Intent Found, 2-Year WC Fraud Sentence Affirmed

[03-10-08] CA/2: Ambul. Driver 'Health Care Provider' - Major Ramifications!

[03-10-08] CA/4: When Is Labor Arbitration Clause Adhesion Contract?

[03-10-08] CA/2: Exhausting FEHA Remedies Jurisdictional, not Procedural

[03-10-08] CA/1: NLRA Trumps State Wrongful Termination Suit

[03-10-08] CA/2: $275K Attys Fees Awarded to Employer in WC Bonus Case

[03-17-08] CA/2: Fee Award Affirmed in Overtime Pay Case (But Not Much)

[03-17-08] WCAB: Discovery Ok'd in WC Class Action, Appeal Expected

[03-17-08] CA/2: No FEHA Violation If No Evidence of Job Available

[03-17-08] CA/3: Even if Treatment May Offer Temp Relief, Doctor Disciplined

[03-17-08] CA/2: Small FEHA Verdict Doesn't Justify Disallowing Large Fees

[03-24-08] CA/3: Is Psyche 'Harassment' Objective or Subjective?

[03-24-08] CA/2: If Doc Says TTD, 'Could' Return to Work Is Irrelevant!

[03-24-08] CA/3: Med Arbitration Notice Must Be 'Prominently' Displayed

[03-24-08] CA/4: Adhesion-like Arb. Clause No Good in FEHA Case

[03-24-08] CA/1: Can Labor Code Bar Firing for Federal Public Policy?

[03-24-08] CA/1: Big Players File Briefs in "Anti"- Wilkinson Case

[03-24-08] US/SC: Fed Arbitration Act Trumps CA Labor Law (Sometimes)

[03-24-08] CA/5: Misdemeanor WC Fraud Conviction No Bar to WC Benefits

[03-24-08] CA/2: Court Cites Brodie as It Decimates 100% Case

[03-31-08] CA/5: Can Employer Deny Med Award After Paying for Years?

April 2008

[04-07-08] CA/4: Large (Rare) Fee Accessed Against Employee in FEHA Case

[04-07-08] CA/2: 3-Prong Fed Civil Rights Test OK'd for FEHA Claims

[04-07-08] CA/1: Is It Conflict Per Se If Firm Reps, Then Sues, Carrier?

[04-07-08] CA/2: Beware: 'Modified' Fee Agreements May Be Worthless

[04-14-08] CA/5: No Duty Owed to Farm Worker Injured on Private Road

[04-14-08] CA/1: Hearing Set on Legality of 24-Visit Chiro Cap

[04-14-08] CA/2: Dueling DCA's: Vera vs. Genlyte (PD Without P&S?)

[04-14-08] CA/1: Can Carrier Decide "Special Employee" Status?

[04-14-08] CA/2: Court Rules Punitives OK in FEHA Case If Fired for Hiring Atty

[04-14-08] CA/4: "Unfair" Termination Not "Wrongful" Termination

[04-14-08] Supr. Ct.: Can Individual Be Liable for FEHA Retaliation?

[04-14-08] CA/1: TSA Employee Can't Sue Airline for Heavy Bag Injury

[04-21-08] CA/1: Court May Review Opinion Ending Wilkinson Rule

[04-21-08] CA/6: Appointed Counsel Doesn't Fight WC Fraud Conviction

[04-28-08] CA/1: $700K Asbestos Verdict Against Exxon Mobil Affirmed

[04-28-08] CA/2: Despite Dismissal of WC Fraud, 10-Yr Sentence Affirmed

[04-28-08] CA/1: Court Affirms $10M+ in Punitives in Asbestos Case

[04-28-08] CA/1: Wrongful Term. Arbitration Clause Voided If Loser Pays Costs

May 2008

[05-05-08] CA/2: Are Newspaper Carriers "Employees"?

[05-05-08] CA/5: How Not to Handle an Atty Fee Arbitration Dispute

[05-05-08] S.C.-CA/2: Does Failure to Post Notice Toll St/Limitations?

[05-05-08] CA/1: Owners of Corp Not Personally Liable for Unpaid Wages

[05-05-08] Supr. Ct: Employers Given Room for Arguing Medical Leave

[05-12-08] CA/2: Widow Denied Life Ins. Based on WC Collateral Estoppel

[05-12-08] CA/1: Palm Medical's Jury Verdict Reinstated Against SCIF

[05-19-08] CA/4: Employee's Assault on Customer Within Scope of Duties?

[05-19-08] CA/6: Failure to Argue Due Process Bars Appeal

[05-19-08] US Supr.: Is It Conflict If Carrier Decides Disability Eligibility?

[05-19-08] CA/2: C&R Release Used Against Employee in Civil Action

[05-19-08] CA/2: Fired Public Employee Can't Sue on Contract Theory

[05-19-08] CA/4: Case Tossing Arbitration in FEHA Discrim Dispute Certified

June 2008

[06-02-08] CA/5: Another Blow for Workers' TD - This Time State Employees

[06-02-08] CA/1: Another DCA Takes Sides on P&S vs. PD Conflict

[06-02-08] CA/4: How Long Does Retired Firefighter Have to File Claim?

[06-02-08] CA/4: Cost-Sharing Arbitration Clause Unconstitutional

[06-02-08] CA/4: Exclusive Remedy Rules Doesn't Preclude Defamation Action

[06-16-08] CA/1: 1st Case on 'Kin Care Leave' Liberally Construes for Worker

[06-16-08] Supr.Ct.: Review Granted on Stock Option Plan & LC 201/2

[06-16-08] CA/5: Corporate Veil Pierced in Failure to Provide WC Insurance

[06-16-08] CA/1: Past 'Good' Conduct Doesn't Negate Discrimination

[06-16-08] CA/5: Court Affirms Lack of Evidence in Valley Fever Case

[06-16-08] CA/2: No Liability for "Commuting" Seaman's West Nile Disease

[06-23-08] CA/5: 14-Yr WC Litigator Ordered to Pay Atty Fees

[06-23-08] CA/3: LC 5803 Gives WCAB Right to Change PDRS Recon Ruling

[06-23-08] CA/3: 104-Week TD Cap Strictly Interpreted for Separate Injuries

[06-23-08] CA/2: Vacationing SWAT Officer Covered for 'Training' Injury

[06-23-08] CA/2: Court Denies Class Action Status Against SCIF

[06-30-08] WCAB: Panel Presents Interesting Treatment-Outside-MPN Issue

[06-30-08] CA/2: Newspaper Deliverer as 'Employee' Case Now Certified

[06-30-08] CA/3: New Discrimination Concept? "Retaliation Before-the-Fact"?

[06-30-08] CA/2: Court Voids Ruling Awarding TD After 5 Years

[06-30-08] CA/2: 11-Year Delay of Claim Form Tolls Statute of Limitations

July 2008

[07-14-08] US/9: Employee Drug Test Violates 4th Amendment

[07-14-08] S.C.: U.S. Supremes Give Workers (Retaliatory) Break

[07-14-08] CA/1: Review Granted on What Constitutes "TD" for Cap

[07-14-08] CA/4: Arbitration Clause Ruled Adhesive, Void

[07-14-08] US 9th: Can Employers Read ALL Email and Texts? Not Always!

[07-14-08] CA/3: Judgment Ok Even W/O Statement of Decision

[07-21-08] CA/3: "Ultimate" Sanctions Awarded to Liberty Mutual

[07-21-08] CA/5: Is Special Industrial Leave Part of TD Cap?

[07-21-08] CA Sup. Ct.: State Fund's Palm Medical Appeal Rejected

[07-21-08] CA/1: Benson Case (Voiding Wilkinson) Granted Review

August 2008

[08-04-08] CA/2: Court OK's Huge Def Fees in Premier Medical Case

[08-04-08] CA/4: Disability Claimant Must Exhaust Admin Remedies

[08-04-08] WCAB: Does Surgery Center Need Fict. Name, Med License?

[08-04-08] CA/5: Must Look to Pre-2005 Reports Only for Old PDRS

[08-04-08] CA/4: Employee Didn't Prove Termination, Can't Sue for Distress

[08-04-08] CA/3: WCJ Used Wrong Test for Which PDRS to Use

[08-04-08] CA/5: Case Remanded to Determine How P&S Date Was Decided

[08-04-08] CA/2: 'Specifically Authorized' Power Press Guard Removal

[08-11-08] WCAB: Sweeping Elite Surgery Case Reversed

[08-11-08] CA/3: Writ Granted: Return Atty Fees If Award Reduced?

[08-11-08] CA/2: Oral Referral Fee OK... If You Can Prove It!

[08-11-08] CA/2: No Prima Facie Needed If Direct Gender Bias Evidence

[08-11-08] US/9: Damages for Emotional Distress Under FMLA Clarified

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