Posts tagged Case Law News
Employee vs. Independent Contractor

In the latest case to weigh in on who is an employee and who is not, we have the case Garcia v. Border Transportation Group just issued on October 22 and decided by the California Fourth Appellate District and certified for partial publication. The case clarifies that the 1989 California Supreme Court case of S.G. Borello & Sons, Inc. v. Department of Industrial Relations still defines the factors to be used to determine who is an employee and who is an independent contractor in the workers’ compensation arena.

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josh heislerCase Law News
Department of Corrections and Rehabilitation v. WCAB (Fitzpatrick)

The Court of Appeal, Third Appellate District granted the defendant’s Petition for Writ of Review on the following question: Must a finding of permanent total disability be made in accordance with Labor Code Section 4660 or does Section 4662(b) provide a separate path to such a finding? The Court made it clear that Section 4660 provides the methodology to finding an award of permanent total disability “in accordance with the fact” as stated in Section 4662(b). The Court held that application of Section 4660 is mandatory. Section 4660 applies the 5th Edition of the AMA Guides.

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josh heislerCase Law News
Supreme Court Decision – Exclusive Remedy

On August 23, 2018, the California Supreme Court held in King v. Comppartners, Inc. et. al. (2018) that a utilization review doctor stands in the shoes of the employer while performing duties within the scope of the workers’ compensation scheme and thus may not be sued in tort unless the act falls outside of what is encompassed within the compensation bargain.

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josh heislerCase Law News