Where a restaurant worker initially sustained a back injury as he moved a heavy pot of chili and he was subsequently advised in writing not to lift anything without the restaurant owner’s express direction, his repeated unauthorized actions of lifting and stacking...
Where an employee told her supervisor that she was quitting and she fell on her way out of the employer’s store, she was nevertheless entitled to workers’ compensation benefits for her injuries since her employment included incidents that occurred within a reasonable...
In a case of first impression, the Supreme Court of New Jersey, reversing a decision by the Superior Court, Appellate Division, held that a clause in an employer’s job application form that required any claim or lawsuit against the employer to be filed no...
A federal district court in Oregon, construing Or. Rev. Stat. § 659A.040—the state’s retaliatory discharge provision—held that the statute protects only those workers who apply for, invoke, or utilize the procedures of the Oregon workers’...
A former employee’s claim that her former employer improperly discharged her in retaliation for filing a workers’ compensation claim was appropriately disposed of at the summary judgment level where the employee could not show that her employer’s...
Affirming a trial court’s entry of a judgment against a former employer for $412,680 in compensatory and punitive damages in a former employee’s retaliatory discharge action, an Indiana appellate court held that there were issues of fact as to retaliatory...
An employee who sustained an admitted work-related injury, who was placed on “Family Medical Leave” by the employer while the employee was away from work due to his injuries, and who was terminated upon the expiration of the 12-week FMLA leave, could...
An employer’s decision to terminate an employee for excessive non-business Internet use during working hours was not a “mere pretext” where the employer requested a “Websense” report—a technician’s special report showing...
Here are the first and second batches of advanced postings for the August 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights...
The Supreme Court of Illinois held that in a retaliatory discharge action, the burden of proof is on the discharged employee to show that the employment was terminated and that the termination was in retaliation for the employee’s actions, that if an employer...
CALIFORNIA COMPENSATION CASES Vol. 79 No. 10 October 2014 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 ©...
A 48-year old car salesman who fell on the employer's lot after he was fired can collect comp benefits in Missouri because his injury occurred within a reasonable time after his termination. The Commission recently awarded nearly $400,000. Hartman v DJSCMS...
Larson's Spotlight on Workers' Comp Evidence in Social Security Disability Proceeding, Termination for Failure to Provide Notice of Injury, Workers' Comp Exclusion in UIM Policy, Employee Fraud, and Immigration Status and Suspension of Benefits. Larson's...