The Arizona Department of Corrections was the statutory employer of a clinical social worker supplied to the department by means of a staffing agreement between the department and an employment services agency. Because the department retained the right to control...
Where an employee of a staffing agency signed an agreement that provided, in relevant part, that he would be considered an employee of the agency’s client “for Workers’ Compensation purposes only,” the employee could not maintain a tort action against the client;...
A New York employer, who, in her individual capacity, also owned the building where the employer and other tenants leased space, was not entitled to summary judgment on the employee’s negligence claim since questions of fact existed concerning whether the parking...
An employee may have more than one employer, held a Pennsylvania appellate court. Accordingly, where a worker was hired by a firm that supplied temporary workers to other businesses and governmental entities and, after being assigned to a township, the worker sustained...
The widow and the estate of a construction worker may not pursue a wrongful death action against a construction staffing company regarding the worker’s death in a work-related accident where the worker interviewed directly with one of the staffing company’s...
The Sixth Circuit Court of Appeals affirmed summary judgment in favor of an employer that had been sued by a deceased employee’s estate, finding that the estate could not prevail under the intentional-tort exception to Michigan’s workers’ compensation...
A widow, who discovered her husband’s lifeless body crushed beneath an all-terrain vehicle that he had been repairing at his employer’s facility—she had intended to bring him his lunch—may not recover in her bystander emotional distress action filed against her...
The Supreme Judicial Court of Maine held that an estate’s wrongful death action against the deceased employee’s employer was barred by the exclusive remedy provisions of the Maine Workers’ Compensation Act where the undisputed evidence indicated the deceased employee...
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...
All eyes are on Florida and the key challenges to its workers’ comp laws, including whether the “Grand Bargain” exists One year ago when the Foreword to the 2014 Edition of Dubreuil’s Florida Workers’ Compensation Handbook (LexisNexis...
Citing Garcia v. Pittsylvania County Service Authority , 845 F.2d 465 (4th Cir. 1988), the Fourth Circuit Court of Appeals affirmed a federal district court’s dismissal, on exclusive remedy grounds, of a negligence action filed by a North Carolina construction...
Noting that a federal court sitting in diversity must apply the choice-of-law rules of the state in which it sits—here that of Mississippi—a federal district court held that an injured employee of a subcontractor could not sue the general contractor on a construction...
CALIFORNIA COMPENSATION CASES Vol. 79 No. 9 September 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 ©...
Wyoming’s definition of “employee,” which includes illegal aliens only if the employer reasonably believes both at the date of hire and the date of injury, based upon documentation in the employer’s possession, that the worker was authorized to work by the federal...
Washington state courts may not use the “substantially certain” test to determine whether an employer’s actions against an injured worker were intentional, again held the Supreme Court of Washington in a split decision. Accordingly, a widow’s...