Where a plywood manufacturer recruited a worker as a candidate for a mechanic position in its maintenance department, undertook the right to control the worker’s day-to-day work activities, controlled the work the worker performed and paid him an hourly wage, but...
Construing Louisiana law, and applying the ten-factor test established by the Fifth Circuit Court of Appeals in U.S. Fire Ins. Co. v. Miller , 381 F.3d 385, 388 (5th Cir. 2004), a federal district court found that a worker assigned to the defendant’s pipe...
The Supreme Court of Vermont again refused to adopt the “substantial certainty” rule for intentional tort cases filed by an injured employee against an employer. Citing its earlier decision in Kittell v. Vermont Weatherboard, Inc. , 138 Vt. 439, 417 A.2d 926 (1980...
In a case involving an utterly bizarre fact pattern, a California appellate court held that a civil action for negligence and misrepresentation filed by two private citizens against a California county was barred by the exclusive remedy provisions in Cal. Labor...
The Supreme Court of Montana, construing what some saw as an inconsistency between the state’s workers’ compensation law and its Constitution, held that both parties to an employee leasing arrangement — the employee leasing firm and its client...
CALIFORNIA COMPENSATION CASES Vol. 83 No. 4 Apr 2018 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...
Where an employee sustained injuries in an automobile accident that occurred in the employer’s parking lot when the vehicle he was driving was struck by another being driven by a co-employee, the co-employee was immune from tort liability under the fellow servant...
The Supreme Court of Appeals reversed a trial court’s denial of post-trial motions following an adverse jury verdict in a “deliberate intention” action filed pursuant to W. Va. Code § 23-4-2(d)(2)(ii) (2005). The plaintiff, who suffered permanent injuries after...
Plaintiff’s civil action against a workers’ compensation insurance insurer alleging that it failed to timely provide reasonable and necessary medical treatment, as ordered by the Workers’ Compensation Court, was appropriately dismissed by an Oklahoma trial court...
CALIFORNIA COMPENSATION CASES Vol. 83 No. 1 January 2018 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 ©...
Holding that a borrowing employer is not always the “employer” of a worker assigned to it by a temporary help agency, at least for purposes of the exclusive remedy provisions of the state’s Workers’ Compensation Act, a Wisconsin appellate court held the injured...
FEHA Claim Barred by Decision in Workers’ Compensation Case Typically, when an employee suffers an industrial injury, he is precluded from filing a civil cause of action against his employer as the workers’ compensation system is considered his “exclusive remedy...
Answering seven certified questions from a magistrate judge for the U.S. District Court for the District of North Dakota, that state’s Supreme Court concluded that to the extent that a worker could show that her purported employer intentionally and not inadvertently...
CALIFORNIA COMPENSATION CASES Vol. 82 No. 5 May 2017 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...
A Texas trial court did not err when it found that a worker’s negligence and gross negligence claims were barred by the exclusive remedy provision of the Texas Workers’ Compensation Act where the worker was an employee of a temporary staffing agency that provided...