Labor Code

Labor Code

Cost Of Living Adjustment

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Cost of Living Adjustment for Life Pension Injuries

Labor Code Section 4659(c) states: For injuries occurring on or after January 1, 2003, an employee who becomes entitled to receive a life pension or total permanent disability indemnity shall have that payment increased annually commencing on January 1, 2004 and each January 1 thereafter, by an amount equal to the percentage increase in the “state average weekly wage” as compared to the prior year.

Willful Misconduct

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The Supreme Court has defined willful misconduct as necessarily involving deliberate, intentional, or wanton conduct in doing or omitting to perform acts, with knowledge or appreciation of the fact, on the part of the culpable person, that danger is likely to result therefrom. Willful misconduct means something different from and more than negligence, however gross. The term “serious and willful misconduct” is described as being something much more than mere negligence, or even gross or culpable negligence and as involving conduct of a quasi criminal nature, the intentional doing of something either with the knowledge that it is likely to result in serious injury or with a wanton and reckless disregard of its possible consequences. Mercer v. Fraser 18 CCC 3.

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.

New And Further Disability

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New and further disability is not defined in the statutes and judicial interpretation has not flushed out all its potential permutations. Thus, its meaning is not entirely clear. However, it has been judicially defined “to mean disability . . . resulting from some demonstrable change in an employee’ condition, including a gradual increase in disability. .” Nicky Blair’s Restaurant v. WCAB (1980) 45 CCC 876. See CHP v WCAB (2010) 75 CCC 1241.

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.