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Find Solutions & Strategies June 9, 2014 |
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 The Salas Dilemna
Full frontal assault on workers' rights vs. equitable defenses to illegal conduct
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A Note From the Editor |
Me and Bixby McGee. La la la la.
Hey, your UR just got Dubon'd. What happens next, and which party has the burden of proof on the medical treatment dispute? Judges and attorneys weigh in at the "Dealing with Dubon" seminar on July 26. See box below.
Join our community today. Sign up here for our free eNewsletter.
Sincerely,
LexisNexis Legal & Professional Operations
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Registration is Open!
Dealing With Dubon:
The En Bancs, Facts and
Friction of IMR. Plus,
Midyear Case Law Update.
Presiding Judge Paige Levy,
Marina del Rey
Judge Craig Glass,
Oxnard-Marina del Rey
Maurice Abarr, Esq.,
attorney for Jose Dubon
Corey Ingber, Esq.
Dennis Thomas, Esq.
Saturday, July 26
Long Beach Grand Event Center
4 MCLEs. Whatever Happens
to Dubon, We'll Talk About It.
or call (310) 822-1955.
Presented by LawWorm.com, an
MCLE provider with the CA Bar. |
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the salas dilemna |
Full frontal assault on workers' rights vs. equitable defenses to illegal conduct
Karen C. Yotis, Esq., our Feature Resident Columnist, provides insights into workplace issues and the nuts and bolts of the workers' comp world.
While elite hotshot crews were fighting California wildfires, battle lines were being drawn over molten issues between workers and employers as they wait for the California Supreme Court to determine whether the state's long-standing policy against discrimination in all its invidious forms will cause the equally important public interest in not rewarding illegal conduct to go up in smoke. The force driving this do-or-die confrontation is Salas vs. Sierra Chemical Co., 76 Cal. Comp. Cases 768, 129 Cal.Rptr.3d 263, a case that has for the moment left Senate Bill No. 1818, the Fair Employment Housing Act, (Gov. Code, § 12900 et seq) and even the foundational precepts underlying the summary judgment standard burning like scorched earth in a summertime drought...read more.
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rescission of compromise & release |
Noteworthy panel decision illustrates the Board's powers to set aside a settlement both before and after the settlement becomes final
An Appeals Board panel has rescinded a WCJ's 8/8/2013 Order Approving Compromise and Release purporting to settle an applicant's claim for cumulative industrial psychiatric injury, when the applicant, proceeding in pro per, wrote a letter dated 8/23/2013 to a different WCJ seeking rescission of the Order Approving Compromise and Release, which was treated by the Appeals Board as a timely filed petition for reconsideration. The Appeals Board found that its power to set aside a compromise and release agreement before an agreement becomes final...read more. |
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the premises line & going and coming |
Noteworthy panel decision finds going and coming rule didn't bar shopping mall worker's claim for injuries
An Appeals Board panel, affirming the WCJ, held that an applicant's claim for injuries incurred on 2/18/2012 when she slipped after leaving the premises of her employment at Bath and Body Works but while still within the confines of Northridge Mall where the Bath and Body Works was located, was not barred by the "going and coming" rule. The Appeals Board panel held that... read more. |
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post-hire fitness evaluation |
Reducing the financial pain of lower back pain
By Teresa McLoughlin Rice, Esq.
With workers' compensation costs on a relentless march upwards, studies suggesting that growth in some areas could possibly be tempered are sure to spark some interest and help validate what we intuitively deduce as cost savings. A recent example is Outcomes of the Introduction of a Standardized Fitness-for-Duty Evaluation of Commercial Truck Drivers on the Incidence of Low Back Injuries and Workers' Compensation Costs, published in the April 2014 edition of the Journal of Occupational and Environmental Medicine. The study, which concludes that costs associated with lower back injuries in commercial truck drivers could be reduced if...read more.
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enewsletter archives |
Take a deep dive into our past eNewsletters for 2014 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.
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