Are Pools and Gardeners Medical Treatment?
- December 7th, 2011
- Tom Richard
- No comments
In the kind of case that boggles the mind and fires-up some state legislatures to reform their Workers’ Compensation laws, a Van Nuys judge awarded an applicant the services of a housekeeper, gardener, pool serviceman and penalized the employer under Labor Code…
“Reverse” Almaraz/Guzman applied
- November 11th, 2011
- Tom Richard
- No comments
In a decision after reconsideration a WCAB panel has rejected a 15% PD award to the right knee based on the AME’s standard rating under the AME Guides as outlined in his report. Instead, the WCAB focused on the AME’s…
Employer Wins Post-termination Defense, Despite Exceptions
- September 26th, 2011
- Tom Richard
- No comments
A WCAB panel rescinded a trial judge’s award to an automobile salesman who after he was terminated claimed he had previously injured his back when a chair rolled out from under him while he was sitting down. The employer raised the “post-termination…
Did a Comp Award Lead to a Fraud Conviction?
- March 29th, 2011
- Tom Richard
- No comments
Daly City Councilwoman and former mayor Maggie Gomez pleaded no contest to charges of workers’ compensation fraud, as reported by the Associated Press and several California news outlets. She is scheduled to be sentenced in San Mateo Superior Court on…
“Pot Luck” at Workplace Causes Injury
- November 9th, 2010
- Tom Richard
- No comments
A recent case dealing with injuries that occur during compensated breaks, especially when they occur on company property, found injury to have occurred in the course of employment or “COE.” In the case of Bank of America v. WCAB (Christine…
The Scope of Discovery in Psyche Claims is Broad
- July 2nd, 2010
- Tom Richard
- No comments
When an applicant raises psyche as an issue the defendant is entitled to ask all reasonable questions regarding the applicant’s history that might lead to the discovery of relevant evidence. Eutsey v. City and County of San Francisco. A WCAB panel noted…
Workers’ Compensation Fraud Elements Outlined
- June 2nd, 2010
- Tom Richard
- No comments
The Court of Appeal has outlined the five elements needed to prove a workers’ compensation fraud case: (1) making a written or oral statement; (2) knowing that the statement is false; (3) the statement is material in that it deals…
Independent Contractor Rule Expanded
- May 2nd, 2010
- Tom Richard
- No comments
The Court of Appeal upheld a WCAB decision expanding the definition of “independent contractor.” The Court found a gardener, who was injured in a fall, was not an employee and therefore his injury was not covered by workers’ compensation. Lara v….