Under what circumstances may an injured professional athlete employed by team in different state receive California workers’ compensation benefits?

Posted by Steven Vartabedian on

Recently, public attention has been drawn to out-of-state professional athletes, who have performed at times in California, seeking the benefits of workers’ compensation under California law. Several of these cases have now emerged from the appellate courts. One such case is that of Federal Insurance Company v. WCAB and Johnson (filed 12/3/13) B249201. There, the […]

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Discharge of employee in violation of statutory prohibition of firing for filing work-comp claim cannot form basis for common law civil action based on public policy.

Posted by Steven Vartabedian on

Dutra v. Mercy Medical Center Mt. Shasta (filed September 26, 2012) 2012 DJDAR 13447, plaintiff Dutra claimed defendant wrongfully terminated her employment in violation of public policy codified in California Labor Code section 132a, which generally prohibits discharge of an employee for filing a workers’compensation claim. After jury selection, the trial court granted defendant’s motion […]

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Bar of Workers’ Compensation claim based on personnel action includes migraines as manifestation of claimed psychiatric injury

Posted by Steven Vartabedian on

Labor Code section 3208.3, subdivision (h), states that an employer is not required to compensate an employee for a psychiatric injury substantially caused by a lawful, nondiscriminatory, good faith personnel action. What about such a claim of injury in the form of migraine headaches? In County of San Bernardino v. Workers’ Comp. Appeals Bd. (filed […]

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