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“And she’ll have fun, fun, fun till her daddy takes the T-bird away”

Perhaps all of us can take a step back from the crazy volume of paper, phone calls and email that we
receive each day and appreciate that we truly are part of a larger picture and that performing our roles
competently and accountably can positively touch individual lives as well as our shared society as a

“When the walls come tumblin’ down” – The Case of Applied Materials and the Effect of Treater Misconduct.

The Applied Materials case is a history of worker’s compensation theory and application since 1983 starting with Le Beof, then Western Growers and going through Hikida and resting with Fitzpatrick. The bottom line is that the system failed this injured worker by having an unprofessional physician handle the treatment for this applicant; the rest is left for history.

Applicant’s Claim for Heart Injury Not Barred by Good Faith Personnel Action Defense

The applicant was evaluated by a cardiology QME who concluded that the applicant suffers from high blood pressure, narrowing of the arteries and “acute coronary syndromes”. He offered the opinion that these injuries occurred during the course of employment (COE). However, whether they arose out of employment (AOE) would depend on the validity of the applicant’s allegations of retaliation, harassment, abusive treatment and stress at work.

Finding of Injury AOE/COE Must be Supported by Substantial Medical Evidence

Decedent was a dishwasher at defendant’s restaurant. In addition to his dishwasher duties, his job included cleaning the floors, bathrooms and taking out the trash. On March 8, 2012, decedent was found dead in the parking lot where he had gone to take a trashcan to the dumpster. According to the autopsy, the cause of death was hemorrhaging of the lungs due to tuberculosis and fungal infection. His parents filed a workers’ compensation claim for death benefits.

How will COVID-19 Infect Worker’s Compensation?

Employers and worker’s compensation carriers may not be unaffected by the COVID-19. Only time will tell. How great of an impact this virus will have in the worker’s compensation system is still unfolding.

Injury Occurring While at Public Transit Terminal Not Compensable

Applicant claimed injuries as a result of slipping and falling in Union Station as he was on his way home on the evening of September 25, 2014. Applicant was employed as a systems analyst for the Los Angeles County Metropolitan Transportation Authority (MTA). Union Station is owned by the MTA. Defendant denied the claim based on the “going and coming rule”.

It’s “Probably No Big Deal” – How to Enter into Law Enforcement Service

When a member of the public is injured while engaged in “active law enforcement service,” either on command by the county, (typically a county sheriff) or at the request of a peace officer, California law treats the member of the public as a public employee entitled to workers’ compensation benefits. (Labor Code § 3366, sub. (a).)


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