California Workers Comp Blog

California Workers Comp Blog

Independent Contractor

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Whether a person is an independent contractor will be based on various facts surrounding the relationship with the “employer.” (1) The ability to control an individual’s work; (2) the worker’s opportunity for profit or loss; (3) Whether the service rendered required a special skill; (4) The degree of permanence of the working relationship; (5) Whether the service rendered was an integral part of the alleged employer’s business; (6) Which party provides the tools and materials used at the job; (7) How the worker is paid for his services.

Medically Required Equipment

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Medically Required Equipment.

In Green v. WCAB, 74 CCC 998, the Court held that an applicant was not required to relocate to another home at defendant’s request to avoid cost of installing medically required elevator and defendant was required to construct and install elevator in applicant’s home.

Total Permanent Disability

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In Regards To Total Permanent Disability

Regents of the University of California V WCAB (2011) 76 CCC 1237. Applicant found to be Permanently Totally Disabled(PTD) based on her inability to engage in gainful employment in the open labor market. Of significance was the judge’s determination that no apportionment to prior injuries was warranted because apportionment is not appropriate when PTD is based on the inability to compete in the open labor market

Multiple Injuries To The Same Body Part

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Multiple Injuries To The Same Body Part.

Pursuant to SB 899, and the decisions in Brodie and Benson, successive injuries to the same body part that become permanent and stationary at the same time can no longer be rated as a single injury. Rather, successive injuries must be rated separately, except when physicians cannot parcel out the causation of disability. See Benson v. WCAB (2009) 74 CCC 113.