The Supreme Court of Virginia affirmed the dismissal of a widow’s wrongful death action filed against the chief of police of the City of Norfolk and other police officials following the death of her husband, who died after receiving several blows to the head during...
A temporary worker employed by an agency, who was assigned as a coat checker at the Faculty House of Columbia University, could not maintain a tort action against the university for injuries she sustained when she tripped over a threshold near the Faculty House...
Citing earlier precedent from the state’s Supreme Court, the Court of Appeals of Indiana held that for purposes of the Workers’ Compensation Act a “leased” or temporary employee is generally considered the joint employee of both the “lessor” and “lessee,” [see...
BRIEF AND COMMENTS ON ORDER FROM 11th CIRCUIT RE: FLORIDA WORKERS’ ADVOCATES (FWA) WORKERS’ INJURY LAW & ADVOCACY GROUP (WILG) ELSA PADGETT As Intervenor/Petitioner vs STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL August 13, 2014 Judge Jorge E. Cueto Circuit...
Where an employee sustained injuries in a motor vehicle accident while in the course of her employment, but could not proceed in tort against the responsible driver, a co-employee, because of the exclusive remedy provisions of the New York Workers’ Compensation...
The Circuit Court of the 11th Judicial Circuit (in and for Miami-Dade County) has entered an Order finding that the exclusive remedy provision of the Florida Workers’ Compensation Act (see § 440.11, Fla. Stat.) is unconstitutional because, in relevant part, injured...
Generally, a federal district court must follow any precedent set by its Circuit Court of Appeal, rather than that of an intermediate appellate court in the state whose law is being construed. To illustrate that point, at least under some fact patterns, there is...
CALIFORNIA COMPENSATION CASES Vol. 79 No. 6 June 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 © Copyright...
CALIFORNIA COMPENSATION CASES Vol. 79 No. 4 April 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 Washington state appellate court held that the state’s exclusive remedy rule did not bar a trooper’s tort action alleging deliberate intentional infliction of “certain injury” sustained when he was “shot” with a Taser during police training. Denial of the state...
That an employer referred in its Policies and Procedures Handbook to its commitment to provide a safe and health work place for its employees, that the Handbook also stated that safety rules and safe work practices were “not optional,” and that the employer had...
The estate of a residential treatment counselor at a mental health clinic may not maintain a wrongful death action against two directors of the mental health association that employed the decedent, held the Supreme Judicial Court of Massachusetts. The counselor...
CALIFORNIA COMPENSATION CASES Vol. 79 No. 2 February 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 ©...
CALIFORNIA COMPENSATION CASES Vol. 78 No. 12 December 2013 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 2014 LexisNexis. All rights reserved. For reprint permission, contact Robin.E.Kobayashi@lexisnexis.com . During the past several Januarys, I’ve shared with readers my annual list of bizarre workers’ compensation cases for the prior...