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Focus (Forum & Focus)

Dec. 13, 2008

Adding Uncertainty to Injury

Because of conflicting appellate decisions, it will likely fall to the state Supreme Court to decide whether an injured independent contractor who lacks access to workers’ compensation is owed a duty of care, writes Michele M. Goldsmith. - Focus Column

FOCUS COLUMN

By Michele M. Goldsmith

It is not uncommon for Courts of Appeal to disagree. By virtue of the recent decision in Tverberg v. Fillner Construction, Inc., 2008 DJDAR 17828, it appears that it will soon fall to the California Supreme Court to rule on whether an injured independent contractor who lacks access to workers' compensation is owed a duty of care. Previously, there had been much discussion about whether a truly non-"indep...

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