PRIVETTE DOCTRINE BARRED CLAIM 


The Third California District Court of Appeal has ordered the publication of the decision in McCullar v. SMC Contracting Inc. wherein the Privette doctrine barred an injured worker from suing his employer's client. SMC hired Tyco to install a fire sprinkler system. McCullar was a Tyco employee who was injured when he slipped and fell on ice at SMC's property and sued SMC. The case was tossed under the Privette doctrine in which there is a presumption that a hirer of an independent contractor delegates to the contractor all responsibility for workplace safety, even where the hirer (SMC) created the known workplace hazard.


[COMMENT: Several defense associations pushed for the publication of the McCullar decision which reiterates an important defense for employers who hire outside contractors.]

NEW PEST CONTROL LAW


Gov. Newsom signed SB 1064 into law which requires exterminators to file proof of having workers' compensation insurance with the California Structural Pest Control Board (SPBC), or otherwise certifies the pest control contractor has no employees.


Additionally, insurance carriers will be required to notify the SPBC if a workers' compensation policy has been cancelled following an investigation by the carrier of an exterminator's misrepresentation of having no employees and fails to reimburse the carrier for the underreported wages.



PREPAID DISABILITY PAYMENT CARDS EXTENDED


On July 19, 2022 Gov. Newsom signed into law AB 2148 which extends to 1/1/2024 (from 1/1/2023) the use of prepaid debit cards by injured workers for TD and PD payments, with the permission of both the employer and employee. [Labor Code Section 4651]

AMEX CARD DECLINED


Effective September 2, 2022 the DWC will no longer accept American Express as a form of payment for lien filing fees. Discover, Visa and ACH transfers are still accepted.


CA LEGISLATION SESSION ENDS 


The recent state legislative session has ended with a handful of approved workers' compensation bills making there way to the Governor's desk for consideration which include allowing clinical social workers into the MPN (SB 1002), and reducing time to investigate some compensable presumptions for first responders (SB 1127). Any enacted bills will be discussed in upcoming newsletters.


HEWS NEWS


SEPTEMBER HEWS WORK ANNIVERSARIES: Dena Bello (5 years in San Bernardino) and Xochilt Hernandez (6 years in Santa Ana)



- Editor: H. Neal Wells IV


HEW&S OFFICES: COVERING ALL OF CALIFORNIA
  • San Bernardino (909) 890-0403 (sbr@hmplc.com)
  • Orange County (949) 250-1216 (ana@hmplc.com)
  • Glendale (818) 265-0940 (cxr@hmplc.com)
  • Calabasas (818) 348-8366 (cls@hmplc.com)
  • San Diego (858) 753-1984 (sdo@hmplc.com)

www.hmplc.com
The above is for informational purposes only, and not intended to constitute legal advice.