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Despite the apparent harshness of the rule, the Supreme Court of Alaska affirmed a trial court’s decision granting a general contractor and building owner summary judgment in a wrongful death action filed by the estate of an apprentice electrician...

The “going and coming” rule, which generally holds that a worker’s commute to and from home is outside the scope of the employment if he or she has a fixed locus of employment and fixed hours, could also be utilized in a negligence action...

Finding a person's common law rights could be limited, but not eliminated, the Supreme Court of Oklahoma held a provision in the state's Workers' Compensation Act [12 O.S. 2011 §§1053A] that allowed death benefits only to a spouse...

A divided Pennsylvania appellate court held a well owner and a separate firm that provided specialized services at the well were not statutory employers of a truck driver who contended he sustained injuries when a faulty storage tank value caused the...

The Supreme Court of Nevada, reversing a decision of the state’s court of appeals, held that a Las Vegas casino employee could not maintain a civil action against his employer to recover damages for its alleged delay in seeking medical treatment...

The dual persona doctrine, under which an injured employee may sometimes be allowed to sue the employer in tort if the employer possesses a second “persona” sufficiently independent from and unrelated to its status as employer, may not be...

CALIFORNIA COMPENSATION CASES Vol. 80 No. 11 November 2015 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...

Stating the general rule, that for purposes of the N.Y. Workers’ Compensation Law, the receipt of workers’ compensation benefits from a general employer precludes an employee from commencing a negligence action against the special employer...

By William A. Ruskin Well drafted contracts provide an effective means to mitigate tort liability. In particular, contractual risk allocation provisions can assist companies in better controlling their litigation disposing of claims when they arise...