California Workers Compensation System

California Workers Compensation System

Business Necessity Defense To Wrongful Termination

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In Regards To Business Necessity Defense To Wrongful Termination

The California Supreme Court has held that to prove a wrongful termination an employee must demonstrate that the employer’s actions were detrimental and also that the employee was singled out for disadvantageous treatment as a result of his or her injury. If the employer can demonstrate that it’s actions were justified by the realities of doing business then no wrongful termination is proven.

Statute Of Limitations Cumulative Trauma Injury

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In Regards To The Statute Of Limitations Cumulative Trauma Injury

Date of injury in cases of cumulative trauma injuries is date on which employee first suffered disability and knew, or should have known, that such disability was caused by employment. Statute of limitations is one year thereafter.

Required Vehicle Exception Going And Coming Rule

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In Regards To Required Vehicle Exception Going And Coming Rule

If employer requires or reasonably relies on the employee to make his or her personal vehicle available to use for employer’s benefit and employer derives benefit from that availability of vehicle then employee is in the course and scope of employment.

Psychiatric Permanent Disability 6 Month Rule

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Regarding Psychiatric Permanent Disability 6 Month Rule

Labor Code Section 3208 generally bars claims of psychiatric injury if the applicant was employed less than six months. Exception “sudden and extraordinary employment condition.”

Civil Action Against A Co Worker

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In regards to a civil action against a co worker

Labor Code Section 3601(a) provides that worker’s compensation benefits are the sole remedy for a work injury and that a civil claim cannot be pursued against the co-worker. Co-employees acting within the scope of their employment are generally immunized from liability for injuries covered by the workers’ compensation law.