Cal. Comp. Cases September Advanced Postings (9/20/2010)

Here's the third batch of advanced postings for the September 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the full headnotes and summaries. Maria Bustamante, Petitioner v. Workers' Compensation Appeals Board, Kramvel Display, Redlands Insurance...

California Workers Comp Liens: The Trouble With Tribbles

"The Trouble With Tribbles" is a second-season episode of Star Trek: The Original Series, first broadcast on December 29, 1967 and repeated June 21, 1968. The "trouble" with the Tribbles is that they reproduce far too quickly and are capable of eating a planet barren if their breeding...

The Thin Line Between Horseplay and the Initial Physical Aggressor Defense

A recent California case with a wild factual scenario provides guidance on the important factual distinctions between horseplay and the initial physical aggressor defense California Labor Code Section 3600 sets forth a number of conditions that must be met before an employer has liability for an injury...

The Thin Line Between Horseplay and the Initial Physical Aggressor Defense

A recent California case with a wild factual scenario provides guidance on the important factual distinctions between horseplay and the initial physical aggressor defense California Labor Code Section 3600 sets forth a number of conditions that must be met before an employer has liability for an injury...

California: So You Think You Know Who Has the Burden of Proof on Apportionment?

Prior to Senate Bill 899, the law was clear as to which party had the burden of proof on the apportionment issue. If defendant could not provide substantial evidence that there was either pre-existing PD or a progressive disease process, apportionment could not be found. In other words, it was unequivocally...

California: Court Rules Labor Code Section 3208.3 Burden of Proof Falls on Applicant

The Second District Court of Appeals has reversed a W.C.A.B. award of psychiatric injury for an employee with less than 6 months employment and in doing so has provided valuable additional guidance on the criterion for meeting the statutory exception to the 6 month limitation on such injuries and the...

California: Court Rules Labor Code Section 3208.3 Burden of Proof Falls on Applicant

The Second District Court of Appeals has reversed a W.C.A.B. award of psychiatric injury for an employee with less than 6 months employment and in doing so has provided valuable additional guidance on the criterion for meeting the statutory exception to the 6 month limitation on such injuries and the...