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· 1/4/2001

CHARLES J. VACANTI v. State Comp. Ins. Fund

Citations

  • 14 P.3d 234
  • 102 Cal. Rptr. 2d 562
  • 24 Cal. 4th 800
  • 65 Cal. Comp. Cases 1402
  • 2001 Daily Journal DAR 191
  • 2001 Cal. Daily Op. Serv. 149
  • 2001 Cal. LEXIS 1

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • applying California’s Workers’ Compensation act and holding that “[i]n determining whether exclusivity bars a cause of action against an employer or insurer, courts initially determine whether the alleged injury falls within the scope of the exclusive remedy provisions”
  • \the unabated flow of published decisions clarifying the scope of workers' compensation exclusivity suggests considerable confusion as well as innovative lawyering\ (emphasis in original)
  • “[Cjlaims seeking compensation for services rendered to an employee in connection with his or her workers’ compensation claim fall under the exclusive jurisdiction of the [Workers’ Compensation Appeals Board].”
  • “This concerted effort by insurers to 19 interject themselves into lien claims they did not insure is not a normal part of the claims 20 process.”
  • an alleged injury “falls within the scope of the exclusive reinedy provisions” of workers’ compensation if it is “collateral to or derivative of’ the course of employment
  • “Together, these 14 provisions establish that the liability of employers and insurers for ‘industrial injury 15 which results in occupational disability or death’ is limited to workers’ compensation 16 remedies.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Brown

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.