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California Workers' Comp Case Roundup (5/3/2013)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 4 April 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 2013 LexisNexis. All rights...

California Workers' Comp Case Roundup (9/6/2013)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 8 August 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 2013 LexisNexis. All rights...

Illinois: “Traveling Employee” Rule Relates to Comp Cases Only; May Not Be Extended to Tort Law

An Illinois appellate court recently held that workers’ compensation law’s “traveling employee” doctrine may not be extended into the tort law arena so as to support a claim that an employer was liable, upon respondeat superior grounds, for the alleged negligence of a “traveling...

California: “Required Vehicle” Exception to Going and Coming Rule May Be Utilized in 3rd Party’s Negligence Action Against Employer

Under California’s “required vehicle” exception to the going and coming rule, injuries sustained during the commute are said to arise out of and in the course of the employment if the employer required the employee to utilize her personal vehicle to get to work and back home in order...

New Jersey: Caterer Not Liable in Tort for Employee’s Injuries Caused by “Flaming Pig”

In an unpublished decision, a New Jersey appellate court recently affirmed summary judgment in favor of a catering employer that had been sued by a waitress who sustained severe burns when an inexperienced co-employee doused a flaming pig with grain alcohol, causing it to “erupt” in flames...

GA: Kidnapped and Sexually Assaulted Employee’s Negligence Action Against Employer Barred by Exclusivity

A Georgia appellate court recently affirmed a trial court’s decision granting summary judgment in favor of an employer in a negligence action filed against it by an employee who was attacked and kidnapped from the parking lot of the store at which she worked and was thereafter physically and sexually...

New York: Exclusive Remedy Defense Is Not Available to Village Accused of Videotaping Lifeguards Changing Into Bathing Suits

A New York court has found, in relevant part, that the exclusive remedy defense may not be maintained by a former employer in a civil action filed against it by plaintiffs, all former lifeguards at the defendant's parks, alleging that defendant surreptitiously installed a video recording device in...

Employer 90 Percent at Fault for Applicant’s Burn Injuries: Cal. Comp. Cases April Advanced Postings (4/16/2014)

Here’s the fourth batch of advanced postings for the April 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights reserved. Illinois Midwest Insurance Agency...

California Workers' Comp Case Roundup (5/4/2014)

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 © Copyright 2014 LexisNexis. All rights...

Flu Shots for Employees: Don’t Hurry Through the Screening Process During Employer-Provided Inoculations

California employer found not negligent in connection with employee’s negative reaction to flu vaccination. Workers’ compensation insurer was entitled to $414,000 credit from third-party recovery by injured employee again flu vaccination manufacturer. Reversing a decision by a California...

Missouri: Negligence Lawsuit Allowed Against Co-Worker On ‘Something Less’

Changes to section 287.120.1 lowered the burden of proof to sue a co-worker based on common law, according to the court of appeals, when it reversed a dismissal for failure to state a claim. Leeper v Asmus WD 76772 (May 27, 2014), 2014 MO App Lexis 605 (lexis.com), 2014 MO App Lexis 605 (Lexis Advance...

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...

Defendant Entitled to Credit for Applicant’s $5M Third-Party Settlement in Plumbing Explosion: Cal. Comp. Cases January Advanced Postings (1/21/2015)

Here’s the fourth batch of advanced postings for the January 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Jeffrey White , Petitioner v....

Federal: 4th Circuit Applies Virginia Law to Bar Construction Worker’s Action Against Subcontractor

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 superintendent against one of his...

Connecticut: “Payloader” Is Not Motor Vehicle for Purposes of Special Rule Allowing Tort Action Against Fellow Employee

Conn. Gen. Stat. § 31–293a creates several exceptions to the otherwise applicable rule that a workers’ compensation claim for benefits is the exclusive remedy that an employee may pursue against a fellow employee. One such exception allows the injured employee to proceed in tort against...

Delaware: Election of Remedies Issue Depends Upon Resolution to Final Judgment, Not Successful Resolution Question

As is the case in a number of states, Delaware allows an injured employee of an uninsured employer two avenues of relief: (a) to pursue workers’ compensation benefits against the employer with the Industrial Accident Board, and (b) to sue the employer in tort. Where an employee initially sought...

Illinois: Parent Corporation Paying Comp Benefits to Subsidiary’s Employee is Immune Only If Obligated to Provide Such Benefits

Where a parent corporation paid workers’ compensation benefits for employees of a subsidiary, it enjoyed immunity from negligence claims under 820 ILCS 305/5(a) (2012) only if it was under a legal obligation to pay the benefits, held an Illinois appellate court. The court indicated an entity could...

New York: Injured Employee’s Negligence Action Against Co-Employee and Co-Employee’s Father (as Owner of Vehicle) Are Barred by Exclusiveness

A civil action was filed by plaintiff and his spouse against plaintiff’s co-employee and the co-employee’s father for injuries the plaintiff sustained when he was struck by a car driven by the co-employee as plaintiff walked across their employer’s parking lot after checking out for...

Federal: 5th Circuit Finds Offshore Platform Welder Was Not “Seaman” for Jones Act Purposes

The Fifth Circuit Court of Appeals affirmed a federal district court’s grant of summary judgment in favor of a borrowing employer who had been sued by its borrowed employee, a welder, after the welder sustained injuries when gasses exploded while he was performing welding work on an offshore oil...

Texas: Court Affirms Judgment on $680,000 Verdict Against Non-Subscribing Employer

In a personal injury case involving a workers’ compensation nonsubscriber, a Texas appellate court affirmed, for the most part, a judgment favoring an employee who sustained injuries when he was struck by a bundle of large-gauge wire used to make springs at the employer’s facility. The jury...

New York: Special Employer Is Immune From Tort Liability Related to Temporary Employee’s Injuries

Stating the general rule, that for purposes of the N.Y. Workers’ Compensation Law, the receipt of workers’ compensation benefits from a general employer precludes an employee from commencing a negligence action against the special employer, a New York appellate court affirmed a trial court’s...

Federal: Negligence Action Filed by Teacher’s Aide Against School Following Assault by Student Is Barred by Exclusive Remedy Defense

A negligence action filed by a teacher’s aide against her employer and an assistant principal following an incident in which the aide was assaulted and beaten by a student was barred by the exclusive remedy provisions of New York’s Workers’ Compensation Law, held a federal district...

New Mexico: Employer May Not Sue Third Party for Increased Comp Premiums and Other Collateral Damages

While a business entity’s injured employees might state a claim against third parties for their physical injuries allegedly caused by those third parties’ negligence, the business entity itself, which has suffered neither a physical injury nor property damage, may not maintain a civil action...

California: UPS Driver May Not Sue Shipper for Injuries Related to Mislabeled Box

A UPS driver, who injured his back when he picked up a box whose weight had been mislabeled by a university employee may not maintain a lawsuit against the university for negligence; the risk of injury from lifting heavy boxes that might be labeled with inaccurate weight information was inherent in the...

Federal: Leased Employee May Not Sue Leasing “Employer”

Where corporation A supplied licensed truck drivers to corporation B—an affiliated entity—under a three-year agreement under which the drivers worked at B’s facilities, but remained employees of A, who paid the drivers their wages and taxes, and retained total control over labor negotiations...