Exclusive Remedy Bars Contribution Claim, But Not Indemnification Claim

An employer ("the employer") determined that it should install special safety mats around a shear cutting machine to eliminate hazards presented when a worker stood too close to the machine. The safety mats functioned by shutting the cutting machine down when a certain amount of pressure was...

Cal. Comp. Cases May Advanced Postings (5/6/2010)

Here's the second batch of advanced postings for the May 2010 issue of Cal. Comp. Cases. Lexis.com users can link to the case summaries. Wesley Harvick, Petitioner v. Workers' Compensation Appeals Board, State of California, Department of Corrections and Rehabilitation, State Compensation...

CA: Declaration of Readiness to Proceed Sufficient to Initiate Proceedings for Contribution

Nathan Wines v. SDA Security Systems, Inc. Contribution--Statute of Limitations--WCAB held that, pursuant to decision in Old Republic Insurance Company v. W.C.A.B. (Bennett) (2010) 75 Cal. Comp. Cases 168 (writ denied), defendant was not barred by statute of limitations from seeking contribution against...

California Workers' Compensation Case Roundup (7/9/2011)

CALIFORNIA COMPENSATION CASES Vol. 76 No. 6 June 2011 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2011 LexisNexis. All rights...

California: WCAB Panel Allows Report of Non-Examining Panel QME in Contribution Proceeding

In Chirinos v. Heartwood Cabinet , No. ADJ2087163, the WCAB panel found that the applicant’s failure to submit to a physical examination by the panel QME did not render the panel QME’s reports inadmissible for purposes of this contribution proceeding, and that the Arbitrator did not err in...

CIGA Ordered to Administer Medical Care for Both Specific and Cumulative Trauma Injuries: Cal. Comp. Cases December Advanced Postings (12/23/2011)

Featured Case of the Week: CIGA ordered to administer medical care for both specific and cumulative trauma injuries California Insurance Guarantee Association (insurer for MB Painting), administered by Intercare Insurance Services, on behalf of Credit General Insurance Company, in liquidation, and...

Arbitrator of Contribution Proceeding Not Bound by WCJ’s Finding of Injury AOE/COE: Cal. Comp. Cases June Advanced Postings (5/30/12)

Here’s the first batch of advanced postings for the June 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Los Angeles Unified School District, PSI, administered...

The Future of Exclusive Remedy: Does the Doctrine Still Protect Employers?

At the 21st Annual National Workers’ Compensation and Disability Conference ®, Nov. 7-9, 2012, Thomas A. Robinson, author and primary upkeep writer for Larson’s Workers’ Compensation Law , will speak and moderate on The Future of Exclusive Remedy . Exclusivity: The Heart of...

Larson’s Spotlight on Recent Cases: Contribution/Indemnity Defense in Third Party Suit When Employer Hires Illegal Alien

Larson's Spotlight on Contribution, Firefighter's Rule, Safety Device, and Credit. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. NY: Employer...

Injured Worker’s Spouse Entitled to $21,600 for Retroactive Home Health Care Services: Cal. Comp. Cases October Advanced Postings (10/16/2012)

Here’s the fourth batch of advanced postings for the October 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries . © Copyright 2012 LexisNexis. All rights reserved. Insurance Company of the State of Pennsylvania, insurer...

California: Court of Appeal Reverses W.C.A.B. Ruling on Res Judicata

Attention Lexis Online Subscribers: The cites in this article link to lexis.com. The bracketed cites link to Lexis Advance. The 2nd Appellate District has ordered publication of an opinion previously issued as unpublished which provides important clarification of the rights of the California Insurance...

New York: Contractual Indemnity Disallowed When Indemnity Agreement Signed After Worker’s Injury

New York’s workers’ compensation law prohibits a defendant from pursuing an indemnity or contribution action against the employer unless (a) the plaintiff/injured worker sustained a “grave injury” or there is a written indemnity agreement [N.Y. Work. Comp. Law § 11]. Recently...

California Workers' Comp Case Roundup (8/10/2013)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 7 July 2013 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2013 LexisNexis. All rights...

New York: Employer of Undocumented Alien Still Enjoys Exclusivity in Third-Party Action Claiming Indemnification or Contribution

A New York appellate court recently held that an employer does not forfeit the exclusivity defense in third-party actions for indemnification or contribution filed against it on the basis that the employer hired an undocumented alien. The third-party plaintiff contended that the employer should not be...