WORK COMP LEGAL UPDATE

PRESUMED COMPENSABILITY AND GOOD FAITH PERSONNEL ACTION DEFENSE EVIDENCE

In Zelnick v. WCAB (2023) 2023 Cal.Wrk.Comp.LEXIS 72, Applicant sustained an industrial psych injury, with the claim untimely denied. At trial, the judge detemined because the injury was presumed compensable, the defense was precluded from providing evidence of a good faith personnel defense under Labor Code section 3208.3(h) since those facts could have been ascertained in the first 90 days of the claim.

The WCAB overturned the trial judge whose opinion contradicted existing case law which provides the defense is not precluded from asserting and presenting evidence regarding good faith personnel action defense, regardless of when the evidence was obtainable.

[COMMENT: Directly on point was the WCAB noteworthy panel decision in Khachatrian (2019) which found GFPA evidence is always admissable.]

DUAL EMPLOYMENT CASE

In Nova Casualty v. WCAB (2023)(89 CCC 83) applicant worked at a doctors' practice as an assistant and at his home as a nanny, and was paid by the doctor's company as well as by personal check. She filed a continuous trauma claim when she was laid-off from both jobs.

The WCAB held she was jointly employed by both the medical practice and the homeowners, with each carrier having liability.

[COMMENT: Not an unusual situation for a residential employee to work for the family and the family's business, in which case there is joint and several liability.]

31st DWC ANNUAL CONFERENCE

The DWC's 31st Annual Educational Conference is less than one month away in Oakland (March 7-8, 2024) and thereafter Los Angeles (March 21-22-2024).

The DWC Conference is one of the largest work comp training events in the state, with the HEWS Firm again serving as one of the primary sponsors.

HEWS NEWS:

February HEWS Work Anniversaries:

Billing department staff member Bonnie Liszka (17 years).

Main Contributor: H. Neal Wells IV

Editorial Staff: Lynn P. Peterson

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)

www.hmplc.com

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