Workers' Compensation

Courier Was Employee, Not Independent Contractor: Cal. Comp. Cases March Advanced Postings (3/14/2013)

Here’s the third batch of advanced postings for the March 2013 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries.

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SCI/Ontrac, Dallas National Insurance, administered by Aspen Administrators, Petitioners v. Workers' Compensation Appeals Board, Jennifer Alcedo, Respondents, 2013 Cal. Wrk. Comp. LEXIS 33 (, (Lexis Advance) 2013 Cal. Wrk. Comp. LEXIS 33

Employment Relationships—Employee Status—WCAB held that applicant was employee of defendant on date of injury (3/22/2011), not independent contractor, when WCAB found that (1) applicant was driver who delivered packages for employer’s courier service beginning in 10/2009, (2) applicant gave unrebutted testimony that…

One Beacon Insurance Company, insurer for Guidant Corporation, Petitioner v. Workers' Compensation Appeals Board, California Insurance Guarantee Association, on behalf of Reliance Insurance Company, in liquidation, Debra Crawford, Respondents, 2013 Cal. Wrk. Comp. LEXIS 32 (, 2013 Cal. Wrk. Comp. LEXIS 32 (Lexis Advance)

Cumulative Trauma Injury—Date of Injury—WCAB, rescinding WCJ’s finding, held that applicant/balloon technician/assembler’s date of cumulative injury to her bilateral upper extremities and neck was 8/22/96 pursuant to Labor Code § 5412, based on…


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