Joint and Several Award Against Multiple Defendants in Cumulative Trauma Case: Cal. Comp. Cases July Advanced Postings (7/11/2013)

Joint and Several Award Against Multiple Defendants in Cumulative Trauma Case: Cal. Comp. Cases July Advanced Postings (7/11/2013)

Here’s the third batch of advanced postings for the July 2013 issue of Cal. Comp. Cases.

Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

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Select Personnel Services, American Casualty Insurance Company (administered by Intercare Insurance Services, Petitioners v. Workers' Compensation Appeals Board, Boone International, insured by AIG, et al., (Lorena Ibarra), Respondents, 2013 Cal. Wrk. Comp. LEXIS 106 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 106 (Lexis Advance)

Joint and Several Awards—Election and Right of Contribution—Due Process—WCAB issued joint and several award against multiple defendants, including Select Personnel Services and its insurance carrier, in favor of applicant/forklift operator claiming cumulative trauma to her upper extremities, when WCAB found that …

Magic Warehouse and Delivery (Magic Messenger, Inc.), Gallagher Bassett Services, Inc., Petitioners v. Workers' Compensation Appeals Board, Timothy Sabedra, Respondents, 2013 Cal. Wrk. Comp. LEXIS 104 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 104 (Lexis Advance)

Employment Relationships—Employees—WCAB, reversing WCJ in majority panel opinion, held that applicant/truck driver was employee of defendant rather than independent contractor on date of alleged injuries, based on analysis of factors in S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal. 3d 341, 769 P.2d 399, 256 Cal. Rptr. 543, 54 Cal. Comp. Cases 80, demonstrating that defendant was exercising right of control over applicant’s work sufficient to establish employee/employer relationship, in that …

Lawrence Reichelt, Petitioner v. Workers' Compensation Appeals Board, City of Los Angeles (Los Angeles Police Department), PSI, Respondents, 2013 Cal. Wrk. Comp. LEXIS 105 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 105 (Lexis Advance)

Petitions for Writ of Review—Final Orders—Court of Appeal dismissed petition for writ of review because it was not taken from final order or decision of WCAB as required under Labor Code §§ 5900 and 5901, when applicant…

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