Civil Procedure, Labor & Employment Law, Worker’s Compensation

California Employment Law Notes - May 2013

by Anthony Oncidi | Proskauer Rose LLP on 5/10/2013

Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry and the fact that he was not of Arab ancestry like Haddadeen. The case was tried to a...more

Employment Law Newsletter: April 2013

by Mandy Arjmand, Laura Flynn, J. Stephanie Krmpotic, Christine Balbo Reed, Steve Werth | Low, Ball & Lynch on 4/17/2013

Post-Brinker Meal Break Decisions on Class Certification De-Published by California Supreme Court - We have previously reported on the California Supreme Court’s decision in Brinker Restaurant Corp. v....more

West Virginia Supreme Court Approves Impairment Tables

by Karin Weingart | Spilman Thomas & Battle, PLLC on 4/1/2013

Case Report - Gore v. WVOIC and Boone County Parks & Recreation Comm’n, (W.Va. 3/28/2013) - On March 28, 2013, the West Virginia Supreme Court of Appeals issued a decision supporting the ranges of permanent...more

Weekly Law Resume - March 28, 2013: Civil Procedure – Summary Judgment – Judicial Estoppel

by Aaron P. Shapiro | Low, Ball & Lynch on 4/1/2013

Diane Marie Minish v. Hanuman Fellowship et al. - Court of Appeal, Sixth District (February 25, 2013) - The doctrine of judicial estoppel precludes a party from obtaining an advantage by asserting one position, and...more

I’ll Take “Not A Vessel” for $600, Alex: What Is A Tension Leg Platform?

by James D. Bercaw | King, Krebs & Jurgens, PLLC on 3/12/2013

In the wake of the revisited tests of vessel status by the Supreme Court in Stewart vs. Dutra Construction Company, 543 U.S. 481 (2005) and Lozman v. City of Riviera Beach, Fla., 133 S.Ct. 735 (2013), it remains to be seen...more

Are Hernias Ratable?

by Virginia L. Hunt on 1/25/2013

Inguinal hernias are common work-related injuries for men, often caused by increased abdominal pressure during heavy lifting. According to the November/December 2012 AMA Guides Newsletter, men have a 27% lifetime risk of an...more

Court Rules That Ohio Bureau Of Workers' Compensation Overcharged Non-Group Rated Employers

by Fisher & Phillips LLP on 1/10/2013

After a long bench trial which began on August 20, 2012, Judge Richard McMonagle recently issued his decision in an important class-action lawsuit. The suit was brought on behalf of certain employers doing business in Ohio,...more

Workplace Injuries: Intentional Tort Claims in Ohio Are (Nearly) Dead in the Water

by Bonnie L. Kristan, Amy Ryder Wentz | Littler on 12/19/2012

The Ohio Supreme Court delivered another blow to injured workers who attempt to skirt Ohio's workers' compensation system by pursuing a remedy for their injuries in court. On the heels of another opinion1 narrowly...more

The Fifth Circuit Restates Three Duties Vessel Owners Owe Longshore Employees

by James D. Bercaw | King, Krebs & Jurgens, PLLC on 11/29/2012

Under Section 905(b) of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), a vessel owner owes three duties to longshore employees. In October 2012, the Fifth Circuit granted a summary judgment dismissing serious...more

Supreme Court Approves Vacating Prior PTD Award

by H. Dill Battle III, Lindsay Griffin Smith | Spilman Thomas & Battle, PLLC on 11/28/2012

Summary - In Roy Justice v. West Virginia Office Insurance Commission and Lowe’s Home Centers, Inc., No. 11-0113 (W.Va. Nov. 14, 2012), the West Virginia Supreme Court of Appeals issued a significant decision impacting...more

A TERCEIRA ONDA DO DIREITO DO TRABALHO NO BRASIL

by Marcelo Bucciarelli on 11/21/2012

Trata-se de um estudo sobre a atual situação do direito do trabalho no Brasil e suas implicações sobre os resultados financeiros das empresas....more

California Workers' Compensation Statute Held Not to Support a Common Law Tort Claim

by Littler on 10/30/2012

California Labor Code section 132a, the anti-retaliation provision of the state workers' compensation statute, has commonly been used to support a tort claim for wrongful termination in violation of public policy. Plaintiffs...more

Workers' Compensation Appeals Board Has Exclusive Jurisdiction To Adjudicate Claims For Discrimination Based On Filing A Workers'...

by Kronick, Moskovitz, Tiedemann & Girard on 10/17/2012

In Dutra v. Mercy Medical Center Mt. Shasta (--- Cal.Rptr.3d ----, Cal.App. 3 Dist., September 26, 2012), a California Court of Appeal considered whether a lawsuit alleging that an employee had been wrongfully terminated due...more

Supreme Court Defines Scope of "Power Press" Exception to Work Comp Exclusive Remedy Rule

by Barger & Wolen on 8/21/2012

In its August 20, 2012 decision in LeFiell Manufacturing Company v. Superior Court, the California Supreme Court held that an injured employee’s spouse is not allowed to pursue a claim for loss of consortium in the employee’s...more

A Willful OSHA Violation Insufficient to Circumvent The Workers' Compensation Act's Bar on Lawsuit Against Employer

by Cole Schotz on 7/19/2012

The New Jersey Supreme Court recently held that a willful violation of the Occupational Safety and Health Administration (“OSHA”) standards, without other evidence of an employer’s intentional conduct, is insufficient to...more

W.Va. Supreme Court Applies Special Employer Rule to Find Temporary Employer Immune from Common Lawsuits

by Spilman Thomas & Battle, PLLC on 7/3/2012

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...more

The Perils of Self-Insurance

by Sedgwick LLP on 6/21/2012

Today we continue our previews of the new civil review grants from the May term of the Illinois Supreme Court. In Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund, [pdf] the Court will face questions about the...more

Recorded Statements in Workers’ Compensation Claims in Illinois

by Katz, Friedman, Eagle, Eisenstein, Johnson &... on 6/4/2012

We are frequently asked the question: “Can the insurance company take a recorded statement from me before benefits are paid in my work injury claim?” The answer is very simple, of course the insurance company representative...more

Action Against Workers' Comp Claims Administrator Not Covered by Insurer's Arbitration Provision, Court of Appeal Rules

by Barger & Wolen on 5/21/2012

In DMS Services, Inc. v. Superior Court, the Plaintiff brought suit in California state court for breach of contract, bad faith and related claims against the third-party administrator, or TPA, responsible for managing its...more

Legal Alert: Denial of Workers' Comp Claim May Form the Basis of RICO Claim

by FordHarrison on 4/20/2012

The Sixth Circuit has held that a group of transportation workers have a property right in their entitlement to workers' compensation benefits under Michigan law, and that the denial of their workers' compensation claims may...more

Collateral Source Rule Does Not Preclude Introducing "Negotiated Rates" of Past Medical Costs in Workers' Compensation Benefits...

by Sedgwick LLP on 4/10/2012

In Lydia Sanchez v. Darrell G. Brooke, et. al., (March 8, 2012, B224835), California's Court of Appeal, Second District, acknowledged and extended the recent California Supreme Court decision in Howell v. Hamilton Meats &...more

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Civil Procedure › Labor & Employment Law › Worker’s Compensation