CALIFORNIA COMPENSATION CASES
Vol. 88, No. 5 May 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...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board
In 2022 there were 7,490 wildfires in California. They burned 362,455 acres...
By Christopher Mahon
Should temporary workers be treated separately under workers’ compensation law due to additional employment and income risks they may incur after workplace injuries? A new study...
Here's a noteworthy panel decision where a family member conveyed essential information to the AME on behalf of the injured employee. The Lexis headnote is below.
CA - NOTEWORTHY PANEL DECISIONS...
Oakland, CA – Part II of a California Workers’ Compensation Institute (CWCI) research series on low- volume/high-cost drugs used to treat California injured workers identifies three Dermatological drugs...
A federal court sitting in Nevada dismissed a sales executive’s cause of action against his former employer for negligent hiring, training, supervision, and retention of another employee and dismissed as well a claim that the former employer was liable for intentional infliction of emotional distress (IIED), finding that all the claims are precluded by Nevada’s workers’ compensation statute (the “Nevada Act”). Taking as true the executive’s allegations that his supervisor repeatedly used sexual innuendo, referring to her subordinates as “her boys,” that she inappropriately touched, hugged and kissed him and that she suggested the executive’s future with the company would suffer if he continued to refuse to have sex with her, the district court said the allegations amounted only to negligent retention and negligent infliction of emotional distress. The exclusive remedy provisions of the Nevada Act preempted those claims.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Recalde v. Marriott Ownership Resorts, Inc., 2016 U.S. Dist. LEXIS 48983 (April 11, 2016)
See generally Larson’s Workers’ Compensation Law, § 104.05.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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