· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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