Vol. 6, Issue 15

Find Solutions & Strategies                 April 13, 2015

The "Uberization" of Jobs: Employee or Independent Contractor?
In This Issue
A Note From the Editor
CCWC's Premier Annual Event
the "uberization" of jobs: employee or independent contractor?

To not apply the possibly antiquated rules set forth in Borello to the new "share" economy could mean that thousands of new workers go without necessary protections

 

The Uber business model could be a sea change in how many of us work and how we think about our jobs--think piecemeal work, supply and demand, real-time tracking of work performance and customer satisfaction...Drivers for ride sharing companies, such as Uber and Lyft, use their own personal cars or black sedans or other limousine-like vehicles. The company's transportation system, via smartphone app, connects these drivers with persons seeking transportation. A key legal question is whether Uber and Lyft drivers are employees or independent contractors. Two recent rulings could have wide implications for...read more.

medical records for independent medical review

Defendant, not applicant, has mandatory obligation to forward all relevant medical records to IMR

 

In Garibay-Jimenez v. Santa Barbara Medical Foundation Clinic, 2015 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel rescinded the WCJ's order denying the applicant's appeal from an independent medical review determination that upheld the utilization review denial of recommended surgical treatment in the form of left ulnar nerve decompression. The applicant challenged the IMR determination based on the failure of both the UR and IMR physicians to review the reports of the agreed medical examiners who recommended...read more.

workers' comp, return to work & the ada

Best practices for complying with the spirt and law of the Americans with Disabilities Act as amended in 2009

 

Roger Rabb, J.D, Special Correspondent for the LexisNexis Workers' Compensation eNewsletter

 

Employers dealing with injured workers are often preoccupied in the early stages of the injury period with workers' compensation issues, sometimes to the exclusion of other overlapping legal issues. One such issue, compliance with the Americans with Disabilities Act, is often overlooked until the employee's injury stabilizes, which is often the first point at which the issue of whether the employee has a "disability" under the ADA is considered...read more.

california compensation cases

Cal Comp Cases

Opinion of Treating Physician Found More Persuasive Than QME's: Cal. Comp. Cases April Advanced Postings (4/8/2015). Lexis.com and Lexis Advance subscribers can access the complete headnotes and summaries. Read it.
  
  
  
  
Cal Comp CasesCal. Comp. Cases March 2015 Cites Now Available. Lexis.com and Lexis Advance subscribers can access the complete headnotes and summaries. Read it.
california news headlines

CA: WCIRB Submits July 1, 2015 Filing.

CA: WCIRB Sets Hearing Date for July 1, 2015 Pure Premium Rate Filing.

CA: DIR to Begin Accepting Applications April 13 for Checks From Return to Work Fund.

CA: 2nd DCA Schedules Oral Argument in Batten v. WCAB (SB 863 Challenge).

CA: DIR Submits Report on Process Safety Management Oversight of Petroleum Refineries.

CA: DIR, Cal/OSHA Announce Amendments to Heat Safety Regulations Eff. May 1.

CA: 10 Legislative Staff Members Subpoenaed in Calderon Corruption Trial.

CA: Senator DeLeon Subpoenaed as Witness in Calderon Corruption Trial.

CA: Conservative Newspaper Decries "Big Labor" Control of Calif. Legislature.

NIOSH Recommends All Workplaces Be Tobacco Free, eCigarette Free.

NIOSH Examines High Rate of Carpal Tunnel Syndrome Among Poultry Workers.

OSHA Updates Workplace Violence Protections for Healthcare, Social Service Workers.

CMS Releases Version 4.6 of MMSEA Section 111 NGHP User Guide.

Safety National, Sedgwick Offer Free Webinar on Workers Comp and Social Media.

eNewsletter archives

Take a deep dive into our past eNewsletters for 2015 and prior...warning - some links to articles may not work...report any linking problems to [email protected].
 
Mar. 2, 2015: A is for Apportionment.