Home/Case Law/Hillary Schwartz vs. Ease Entertainment, Starr Indemnity and Liability Company
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Hillary Schwartz vs. Ease Entertainment, Starr Indemnity and Liability Company

Filed: Mar 10, 2016
Van Nuys
ADJ9392012

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Here's a summary of the case for a lawyer, in four sentences:

The Workers' Compensation Appeals Board denied a petition for reconsideration, affirming that the applicant's psychological injury claim is not barred by Labor Code Section 3600(a)(8). The defense argued the injury stemmed from a felony for which the applicant was convicted, but the Board found Georgia's First Offender Act does not constitute a conviction under the statute. Under the Georgia Act, the applicant's successful probation will lead to no adjudication of guilt, exonerating her and preventing it from being considered a criminal conviction. Therefore, the requirement of a felony "conviction" for the affirmative defense was not met.

Full Decision Text1 Pages

Here's a summary of the case for a lawyer, in four sentences:

The Workers' Compensation Appeals Board denied a petition for reconsideration, affirming that the applicant's psychological injury claim is not barred by Labor Code Section 3600(a)(8). The defense argued the injury stemmed from a felony for which the applicant was convicted, but the Board found Georgia's First Offender Act does not constitute a conviction under the statute. Under the Georgia Act, the applicant's successful probation will lead to no adjudication of guilt, exonerating her and preventing it from being considered a criminal conviction. Therefore, the requirement of a felony "conviction" for the affirmative defense was not met.

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