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California Workers’ Compensation Case Roundup 4/12/2011

Vol. 76 No. 3 March 2010 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 IMPORTANT NOTE: Lexis.com subscribers can link to the cases to read the complete headnotes and summaries...

California Workers' Compensation Cases Roundup (3/23/2012)

CALIFORNIA COMPENSATION CASES Vol. 77 No. 2 February 2012 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 2012 LexisNexis. All rights...

Comfort & Joy, Part II: DE Supreme Court Delivers Gift in Section 2311 Contractor Case

I heard from Bob Richter, as well as John Ellis, on Thanksgiving Eve, and you have them to thank for today's post. As Bob succinctly offers: Cassandra, The Supreme Court affirmed. I am delighted. Happy Thanksgiving. The issue: For this to make sense, you might want to revisit my posts...

Comfort & Joy, Part II: DE Supreme Court Delivers Gift in Section 2311 Contractor Case

I heard from Bob Richter, as well as John Ellis, on Thanksgiving Eve, and you have them to thank for today's post. As Bob succinctly offers: Cassandra, The Supreme Court affirmed. I am delighted. Happy Thanksgiving. The issue: For this to make sense, you might want to revisit my posts of 2...

Sweet Caroline’s Excellent Adventure…..and a Lack of Due Diligence in Delaware as It Relates to Section 2311 Liability

I heard from Fred Freibott last evening with a recent case involving Section 2311 contractor liability. Since friends don't let friends remain ignorant of the law as to Section 2311, I thought I owed y'all a post. The case is Gregory Otter v. Green-Light Solutions, LLC, East Wind Enterprises...

Virginia: Real Estate Developer Is Subject to Wrongful Death Action for Contractor’s Employee

In a split decision, the Supreme Court of Virginia held that the trial court erred when it sustained a plea in bar and dismissed a wrongful death action filed against a property owner by the estate of a general contractor’s employee who was killed in a construction accident. The majority held that...

Louisiana: $13 Million Intentional Tort Verdict and Judgment Overturned as to Statutory Employer

Reversing a judgment rendered in favor of plaintiffs after an eight-day trial in which the jury in relevant part found a general contractor liable to its statutory employee for an “intentional act,” a Louisiana appellate court ruled that the contractor’s actions in connection with the...

Federal: Court Forced to Choose Between Conflicting State Versions of Exclusive Remedy Rule

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 project for alleged negligence...

New Jersey: Court Crafts Instructions to Allow Employer’s Participation in Tort Action Where Contractual Indemnification Is an Issue

Where the general contractor on a construction project had been sued in tort by the estate of a subcontractor’s employee and, in turn, the general contractor claimed it was entitled to contractual indemnification from the deceased employee’s employer, it was not error for the trial court...

Mississippi: General Contractor Waives Exclusive Remedy Defense by Waiting 26 Months Before Filing Summary Judgment Motion

The Supreme Court of Mississippi held that a general contractor waived its right to utilize the exclusive remedy defense where it was sued by the survivors of a worker employed by a subcontractor and for 26 months, it actively participated in litigating the merits of the case by joining various motions...

Federal: Issue of Fact Regarding Control Means Tort Action May Proceed Against General Contractor

Where a subcontractor’s worker sustained serious injuries when he attempted to use a grinder—owned by the project’s contactor and which did not have a required safety guard—and where there was a conflict in the evidence as to whether the injured worker was subject to the direct...

Illinois: General Contractor May Not Take Advantage of Settlement Agreement It Did Not Sign

Where a worker settled his workers’ compensation claim and signed a settlement agreement that released his direct employer and a purported general contractor from liability for any claims arising out of the worker’s work-related accident, the worker could nevertheless pursue a civil action...

Connecticut: Contractor With Contractor Controlled Insurance Program Enjoyed Immunity

A general contractor that implemented a contractor controlled insurance program (CCIP) to centralize the purchasing of workers’ compensation insurance for a major project has “paid compensation benefits” to the employees of its subcontractors, entitling it to “principal employer”...