CALIFORNIA COMPENSATION CASES Vol. 89, No. 7 July 2024 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...
Havanis v. Calif. Dept. of Transportation (Board Panel Decision) By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board I. Medical apportionment is not the...
By Robert G. Rassp, author of The Lawyer’s Guide to the AMA Guides and California Workers’ Compensation (LexisNexis) Disclaimer: The material and any opinions contained in this treatise are...
Oakland, CA – Private self-insured claim volume in the California workers' compensation system fell 9.5% in 2023, producing the biggest year-to-year decline in private self-insured claim frequency...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board No matter the source of your media consumption, it seems that the topic...
Construing California law, a federal district court held a plaintiff's IIED tort action filed against her former employer for failure to provide adequate COVID-19 protocols is barred by the exclusive remedy of California's workers' compensation law. The court dismissed the IIED claim and a negligent supervision claim as well. It allowed a constructive discharge claim to move forward, however. As to the employer's exclusivity defense, the court indicated the plaintiff's IIED allegations, as well as the negligent supervision allegations, were nothing more than a claim that the employer had failed to maintain a safe and healthy workplace. Those sorts of claims easily fell within the exclusive remedy rule, said the court.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis
See Brooks v. Corecivic of Tenn. LLC, 2020 U.S. Dist. LEXIS 162429 (S.D. Cal., Sept. 4, 2020)
See generally Larson’s Workers’ Compensation Law, § 104.05.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see
Sign up for the free LexisNexis Workers’ Compensation enewsletter at www.lexisnexis.com/wcnews.