Here's an interesting Board panel decision about a long-standing guardian ad litem who continued to represent the applicant after that party reached the age of majority. The WCAB said that the guardian...
Oakland – A new California Workers’ Compensation Institute (CWCI) study finds that average paid losses on California workers’ compensation lost-time claims fell immediately after legislative...
By Thomas A. Robinson, Co-Editor-in-Chief, Workers’ Compensation Emerging Issues Analysis (LexisNexis)
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By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board
Industrially injured workers in California are entitled to receive...
CALIFORNIA COMPENSATION CASES
Vol. 88, No. 9 September 2023
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...
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
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