LexisNexis® Legal Newsroom
Finally – California Appellate Court Addresses Miceli Issue

In March of 2003, the W.C.A.B. issued its first en banc decision in the Miceli v Jacuzzi case holding the policy of a special employer was “other insurance” for purposes of Insurance Code 1063.1 thereby subjecting the special employer’s carrier to liability for workers’ compensation...

Cal. Comp. Cases October Advanced Postings (10/20/2010)

Here is the fourth batch of advanced postings for the October 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the full headnotes and summaries. Ruzan Charkchyan, Petitioner v. Workers' Compensation Appeals Board, Glendale Unified School District, PSI...

California: The Truth About Temporaries

Cases involving temporary workers who have been placed by a temporary employment agency at a third party location may bring some special issues and challenges for claims personnel. There are also some special legal considerations when examining the employment relationship between the parties and determining...

California Workers' Compensation Cases Roundup 1/12/2011

CALIFORNIA COMPENSATION CASES Vol. 75, No. 12 December 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 CONTENTS OF THIS ISSUE Appellate Court Compensation...

Five Recent Cases You Should Know About (3/11/2011)

Larson's Spotlight on MRSA Infection, Exposure to Chemical Cloud, Psychological Injury, Tort Action, and Employment Contract. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

California Workers' Compensation Cases Roundup (3/8/2012)

CALIFORNIA COMPENSATION CASES Vol. 77 No. 1 January 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...

West Virginia Supreme Court Applies Special Employer Rule to Find Temporary Employer Immune From Common Law Suits

By H. Dill Battle, III The Supreme Court of Appeals of West Virginia recently decided that a second employer can be considered a “special employer” giving rise to special employment status for workers’ compensation immunity purposes. The specific issue of whether a temporary employer...

Larson’s Spotlight on Recent Cases: Injury From Riding Escalator Rail

Larson's Spotlight on Traveling Employee, Special Employer, Intentional Tort, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

Federal: Breach of Contract Claim Against Special Employer for Failure to Provide Safe Work Environment Is Barred By Exclusiveness

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 gone to great lengths to provide...

Payroll Company Liable for Temp Worker’s Injuries: Cal. Comp. Cases July Advanced Postings (7/10/2014)

Here’s the third batch of advanced postings for July 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. Monarch Consulting, Inc., dba PES Payroll...

New Jersey: Golf Course Superintendent’s Tort Action for Bunkhouse Injury Barred by Exclusivity

Applying Professor Larson’s three-part test for assessing whether a special employee relationship has formed, a New Jersey appellate court found that a golf course superintendent was the employee of both a management company that operated a golf club and the golf club itself. Accordingly, the exclusive...

New York: Temporary “Leased” Employee Barred From Suing Borrowing Employer

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 reception area since she was already receiving...

Arkansas: Special Employer Enjoys Exclusive Remedy Defense in Wrongful Death Action Filed Against It

An Arkansas appellate court held that the state’s Workers’ Compensation Commission did not err when it determined that a deceased worker was the defendant-company’s “special” employee since, at the time of the worker’s fatal injury, the defendant-company had the right...

California: Dual Employment and the Six-Month Employment Requirement

WCAB protects temporary and leased employees from shifting general and special employers who could game the system to avoid potential liability In Martinez v. Mass Precision , 2014 Cal. Wrk. Comp. P.D. LEXIS –, a split panel WCAB affirmed the WCJ’s determination and held that the applicant’s...

Employer’s Medical Report Obtained At Own Expense Deemed Wholly Deficient: Cal. Comp. Cases January Advanced Postings (1/16/2015)

Here’s the third 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. United States Fire Insurance Company...

California Workers’ Comp Case Roundup (9/2/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 8 August 2015 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 2015 LexisNexis. All rights...

Massachusetts: “Alternative Employer Endorsement” in Staffing Company’s Policy Provides Immunity Protection for Special Employer Sued by Injured Worker

An “alternate employer endorsement” written into the workers’ compensation insurance policy maintained by an employment staffing company that named the defendant special employer as an additional insured satisfied the requirements of Mass. Gen. Laws c. 152, §§ 15 and 18, such...

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...

Georgia: Parent’s Wrongful Death Action for Negligent Hiring of Convicted Felon May Proceed

Where an employee was shot and killed by a co-employee on the special employer’s premises for no apparent reason—the two hardly knew each other and had no difficulties with each at work—the death did not arise out of and in the course of the employment. Accordingly, the exclusive remedy...