This office represents Kern Ridge Growers, permissibly self-insured, adjusted by Acclamation Insurance Management Services, for the above-referenced case. The underlying industrial injury case closed pursuant to a Findings and Award issued on March 7, 2011. At the present time, I do not have any information regarding your lien. If your facility fails to submit any additional documentation, I will only be able to recommend my client authorize a nuisance value settlement offer, if any offer is made at all. My client may decide they want me to take your lien to Trial since you are not able to present your burden of proof. Pursuant to Torres vs. AJC Sandblasting, all lien claimants proceeding to Lien Trial must be prepared to present evidence to meet their burden of proof beyond offering up a lien statement. Failure to do so can be met with sanctions and attorney’s fees, pursuant to Labor Code section §5813. Additionally, if you are not a healthcare provider, you must consider Labor Code section §4903.6(d). This statute was added by SB 863 to restrict …show more content…
In Barrientos vs. Alamo Motor Lodge (2013 Cal. Wrk. Comp. P.D. 245), the Workers’ Compensation Appeals Board affirmed an Order finding a lien was barred pursuant to Labor Code section §4903.8, which requires any Order or Award for payment of a lien for medical treatment be made only to the person who was entitled for the expenses at the time they were incurred and not an assignee. An assignment is only valid if the person originally entitled to receive payment has ceased doing business in the capacity held at the time the expenses were incurred, and has assigned all rights, title, and interest in the remaining accounts receivable to the assignee. The Workers’ Compensation Appeals Board also held that Labor Code section §4903.8 applies retroactively to liens filed before its
Belanger v. Swift Transportation, Inc. is a case concerned with the qualified privilege of employers. In this case Belanger, a former employee of Swift Transportation, sued the company for libel in regard to posting the reason for his termination on a government data website accessible to other potential employers. Swift has a policy of automatic termination if a driver is in an accident, unless it can be proved that it was unpreventable. When Belanger rear ended another vehicle while driving for Swift the company determined the accident was preventable, while Belanger maintained it was not. Upon his termination Swift posted on a database website for promoting highway safety that he was fired because he “did not meet the company’s safety standards,”
In Reyes v. Missouri Pac. R. CO., the appellant, Joel Reyes, sought rehabilitation from the defendant, Missouri Pacific Railroad Company, after being run over by one of the defendants trains while lying on the tracks. The appellant claims the defendant was negligent due to its inability to see the plaintiff in time to stop the train. The defendant refutes the plaintiffs claim by blaming the plaintiff for contributory negligence because the plaintiff was believed to be drunk on the night in question based off of pass arrest records . In a motion in limine Reyes ask for the exclusion of the evidence presented by the defense. The trial court, however denied the plaintiff’s request and ruled in favor of the defendant. The plaintiff, Reyes,
Non-compete agreements are usually found in employments contracts in where a company wants to prevent their employees from working for a competing company. The focus of the non-compete agreement is to protect a company’s business interest and trade secrets but, a non-compete covenant must be laboriously drafted to follow the state’s regulation in order to be enforced in court. There is an enormous discrepancy when it comes to cases that deal with non-compete agreements since it deals with revising if the non-compete agreement was lawful to begin with; courts do not have a consistent approach to this. A lot of companies request the courts to enforce the covenant but, in most cases, the agreement is unenforceable due to the unethical and unlawful
Jones was party to the contract and mortgage together with Mrs Jones as surety for her husband, even though Mrs Jones was the actual owner of the property. This produced a legal consequence as it affected the appellants with a conduct on the part of the husband in relation to his wife which raised equities in her favour against the indication of a mortgage. The husband exercised undue influence on Mrs Jones to procure her signature to the mortgage which consisted of no consideration. The plaintiff brought proceedings against the defendant upon a contract to pay interest and principal contained in the mortgage over the property at Walkerville owned by Mrs Jones. It was understood that Mrs Jones executed the mortgage without understanding the effect of the contract and presumed various false misrepresentations. She argued that the mortgage which she s...
This is a complex case, involving multiple parties and several variables that need to be examined thoroughly. The parties mentioned include Knarles operator of the facility maintenance company, his son Barkley, their employee, a licensed plumber, and Mr. Chetum. Although in the end Chetum is suing the facilities maintenance firm for a breach of contract, all factors must be examined to determine proper fault.
Faragher v. City of Boca Raton case was taken in by the Supreme Court of the United States on June 26, 1988. The case was brought up by Beth Ann Faragher, whom between 1985 and 1990, worked as a lifeguard for the City of Boca Raton, Florida. During these years, Faragher stated the two male supervisors, Bill Terry and David Silverman, performed several acts of sexual harassment against her, and several other female lifeguards. These acts ranged from sexual comments about these women’s bodies to asking them to engage in sexual intercourse with them. The Supreme Court of the United States ruled in favor of the City of Boca Raton under Title VII of the Civil Rights Act of 1964, that an employer may only be held responsible, if supervisory employees
Under these circumstances, the court agreed that Summit had no reason to know or suspect that Kellar was working before her shift. Kellar’s wage payment claim under Indiana law was derivative of her FLSA claim, it failed for the same reasons. Thus, the Seventh Circuit affirmed summary judgment on both claims in Summit’s favor.
Lahman, Larry D. 2005. Bad mule: A primer on the Federal False Claims Act. The Oklahoma
Senior Management of PepsiCo is evaluating the potential acquisition of two companies – Carts of Colorado and California Pizza Kitchen – in order to expand the company’s restaurant business. If indeed PepsiCo decides to pursue the acquisition of one or both, they must decide how to align each of these business units in its historically decentralized management approach and how to forge relationships between the acquired business units and existing business units. In their evaluation, Senior Management is faced with the question of whether the necessary capital investment in order to purchase one or both of the businesses can be profitable for each of the acquired business units, but must also take into consideration that the additional business units will not hinder the profitability of the existing business units.
Given the situation, as manager of the office, Sara must talk to Nell and tell her that she can not allow her to stay doing her work because she is not fit to comply with them due to her drunken state. However, you must ask her to leave the office and return the next day when she is already sober to talk about the particular situation.
One way of communicating with people and keeping them updated with information is through digital communication. Law firms consider this as a possible way to communicate with clients when handling their cases. However, mistakenly sent information can become an ethical issue. This is called “attorney-client privilege”, meaning the attorney has the duty to keep all confidential information of the client private. Although, attorneys deemed digital communication as a great method this information can be misdirected and shared with the opposing party.
November 1996 we were notified of potentially illegal debt collection practice being used by our credit department with bankruptcy debt reaffirmations. Approved bankruptcy debts removed by the court, were put into collections per the policy in place. This policy directed us to negotiate a repayment plan with customers, with agreement not to reposes, on debts that were cleared by the courts. Reaffirmation documents needed to be filed with the bankruptcy court and obtain approval prior to us proceeding with this practice. Based on our internal investigation, we determined that Sear’s collection practices did not follow the correct filling process and were illegally trying to collect bad debts. Sears is working with the U.S. Department of Justice in all states affected and their Attorney General Offices to investigate this practice. The findings of
supplied on the audit documents. The decision I chose may cost Baker Greenleaf to lose an
OPPORTUNITIES: McDonalds has many opportunities to change its look, menu, and customer service. McDonald’s started building newer building incorporating the arch, along with more modern furnishings. The menu has changed by adding more breakfast items and introducing the McCafe in certain areas.
“Agriculture ranks among the most hazardous industries. Farmers are at very high risk for fatal and nonfatal injuries; and farming is one of the few industries in which family members (who often share the work and live on the premises) are also at risk for fatal and nonfatal injuries.” (AGRICULTURAL SAFETY, 2014)