Workers’ Compensation
Ca. Workers' Comp. Quarterly 2019, Vol. 32, No. 3
Content
- Blood Is Thicker Than Water
- Does Hikida Create a Change in the Law of Apportionment?
- Handling Public Safety Cases in California
- The Interplay Between Medicare and Medicaid for Injured Workers
- The Special Adjudication Unit: a New Forum Within the Wcab for the Administration of Justice
- View from the Incoming Chair
- View from the Outgoing Chair
- Workers' Compensation Section 2018-2019 Executive Committee Roster
- Dynamex Codified: What It Means for the Future of Workers' Compensation
Dynamex Codified: What It Means for the Future of Workers’ Compensation
Jason Marcus, Esq. Sacramento, California
On September 18, 2019, Governor Gavin Newsom signed Assembly Bill 5 (Gonzalez), codifying the California Supreme Court’s 2018 decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903 and the "ABC" test the Court used to determine whether the workers in Dynamex were properly classified as employees or independent contractors. AB 5 makes the ABC test part of the Labor Code (along with other areas of the law), which raises the question of how this new test will impact California’s workers’ compensation system.
This article addresses that question and other potential ramifications of AB 5. First, however, a bit of history is needed.