Raymond F. Correio
November, 2020 Read MoreThe Supreme Court’s April 30, 2018 in Dynamex adopting the “ABC” test for independent contractor status for purposes of wage and hour statutes and the May 9, 2019 US 9th Circuit decision in Vazquez applying that holding retroactively may well spill over to workers’ compensation cases based upon the same public policy reasoning.
Workers’ compensation defense lawyers will want to carefully evaluate current cases involving a claimed independent contractor defense to determine the potential outcome were the ABC test to be applied either by a new Supreme Court decision or legislative action such as the attached current version of Assembly Bill 5.
In the case of Allied Signal Aerospace et al v WCAB (WIGGS), defense prevailed on issue of UR and an employer’s decision to deny or modify an RFA. Court of Appeal reversed the WCAB who erroneously found there was WCAB jurisdiction to hear this UR dispute under one of two exceptions. Court of Appeal found no exception applicable and that the WCAB acted in excess of its jurisdiction in attempting to address the merits the issue of home assessment for housekeeping services.
Read MoreIn the May 2, 2019 decision, the 9th Circuit in Vazquez, et al. v Jan-Pro Franchising International, Inc. ruled that the California Supreme Court’s decision in Dynamex adopting the “ABC” test applies retroactively when determining whether someone is an employee or an independent contractor for wage and hour purposes. The potential of the same “ABC” test being applied to workers’ compensation cases either by way of another California Supreme Court decision or legislative action this summer affects every pending independent contractor defense case at the WCAB. Workers’ compensation defense lawyers will want to consider this when evaluating a case for settlement value and for determining what witnesses and document need to be made part of the evidentiary record in the event of a trial.
Read MoreOn Sept 5, 2018, WCJ William Gunn issued an Order in the Lien Consolidation case of Michael R. Drobot; Industrial Pharmacy Management and California Pharmacy Management. The Order states “Lien Claimants hereby dismiss with prejudice “all bills and liens and forever discharges Carriers (insurance carriers, self-insured employers, third party administrators) from any and all liability for any bills and liens which Lien Claimants have had, now have or could have asserted as a bill for services under the Labor Code or filed as a lien with the WCAB, including but not limited to the cases actually filed” in the lien consolidation case.
Read MoreKimia Semnani
9/4/2018853 bills were introduced during the 2017-2018 Legislative Session relating to workers’ compensation. So far this year, only 9 bills were passed by the Legislature and sent to the Governor. The Governor has until September 30 to sign the bill, veto the bill or allow the bill to become law without his signature. Any bill that becomes law will not go into effect until January 1, 2019.
The full text of each bill is attached together with the most recent Legislative analysis report and a redlined version showing how current law would be changed.
Enrolled and Sent to the Governor Awaiting Action
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