California Employment Law Update

Tag Archives: workers compensation

Employee’s Qui Tam Action Is Not Barred By The Litigation Privilege

People ex rel. Alzayat v. Hebb, 18 Cal. App. 5th 801 (2017) Mahmoud Alzayat filed this qui tam action against his employer (Sunline Transit Agency) and his supervisor (Gerald Hebb), alleging a violation of the Insurance Frauds Prevention Act (“IFPA”) based upon allegedly false statements that Hebb made in an incident report submitted in response … Continue Reading

California Chamber of Commerce Releases Its 2013 List of “Job Killer” Bills

The California Chamber of Commerce has just released its annual list of “job killer” bills that have been proposed in the California Legislature. This year’s list identifies 32 proposed laws, including six new “Costly Workplace Mandates.” Chamber President and CEO Allan Zaremberg cautioned against “increase[d] uncertainty for employers and investors and . . . higher … Continue Reading

Wrongful Termination Claim Based Upon Workers’ Compensation Filing Was Properly Dismissed

Dutra v. Mercy Med. Ctr. Mt. Shasta, 209 Cal. App. 4th 750 (2012) Michelle Dutra sued Mercy Medical Center for wrongful termination in violation of public policy based upon Cal. Labor Code § 132a (prohibiting discrimination against an employee who has filed a workers’ compensation claim). After a jury was selected, the trial court granted … Continue Reading

Loss Of Consortium Claim Of Injured Employee’s Spouse Should Have Been Dismissed

LeFiell Mfg. Co. v. Superior Court, 2012 WL 3570743 (Cal. S. Ct. 2012) O’Neil Watrous and his wife Nidia filed a civil action against LeFiell Manufacturing for injuries O’Neil suffered while he was operating a swaging machine at work. The swaging machine is a “power press machine” within the meaning of Cal. Labor Code § … Continue Reading

California Law Should Have Been Applied To Determine If Drivers Were Employees Or Independent Contractors

Ruiz v. Affinity Logistics Corp., 667 F.3d 1318 (9th Cir. 2012) Fernando Ruiz and similarly situated drivers filed a class action against Affinity alleging violations of the Fair Labor Standards Act and California law for failure to pay overtime, failure to pay wages, improper charges for workers’ compensation insurance and unfair business practices. To work … Continue Reading

Claims Adjusters Were Properly Classified As Exempt Administrative Employees

Hodge v. Aon Ins. Servs., 192 Cal. App. 4th 1361 (2011) Plaintiffs in this case are claims adjusters employed by a third party administrator (Cambridge Integrated Services Group, Inc.). Depending on the entity with which it contracts and the terms of the contract, Cambridge adjusts general liability, vehicle-related and workers’ compensation claims. In their claim … Continue Reading

Injuries Sustained By Professional Stuntman Were Covered By Workers’ Compensation

Caso v. Nimrod Productions, Inc., 163 Cal App. 4th 881 (2008) Christopher Caso, a professional stuntman, suffered severe head injuries while performing a stunt during the production of a television show. Caso and his wife (who sought damages for loss of consortium) sued defendants (the director and the stunt coordinators and their respective loan-out corporations) … Continue Reading

Ranger Who Was Injured In Residence Provided By State Was Limited To Workers’ Compensation Remedies

Vaught v. State, 157 Cal. App. 4th 1538 (2007) Marck Vaught was employed as a resource ranger for the State. His position required him to be on call “all the time.” As an inducement to accept the position, the State offered Vaught and his wife the use of a residence located in the district in … Continue Reading
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