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Aggressive Surveillance of Injured Worker’s Family: Federal Court Says Spouse’s Tort Action Not Barred by Exclusive Remedy Rule

In a diversity action filed by the spouse of an injured worker against the third-party firm administering her husband's workers' compensation claim, a federal district court recently refused to grant the defendant's summary judgment motion, finding the tort action was not barred by the exclusive...

Federal: Postal Employee’s IIED Action Re: SWAT Team’s Search Warrant “Invasion” of Residence May Proceed

A federal district court, sitting in California, recently refused to grant the federal government’s motion for summary judgment in an intentional infliction of emotional distress action (among other claims) filed against it by a postal service employee who claimed that heavily-armed U.S. Postal...

California Workers' Comp Case Roundup (10/3/2014)

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 © Copyright 2014 LexisNexis. All rights...

Federal: California Plaintiff’s IIED Claim Barred by Exclusive Remedy Provisions of State Law

A Federal district court in California granted an employer’s motion for summary judgment on exclusive remedy grounds as to one count of plaintiff’s complaint that alleged an intentional infliction of emotional distress (“IIED”) claim following plaintiff’s termination of...

United States: Sales Executive’s Claims for Negligent Hiring and Emotional Distress Held Barred

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 infliction of emotional distress...