The Second District Court of Appeal ordered a new trial in Terrence Richard’s negligence lawsuit against Union Pacific Railroad company after being injured in a fall from the train where he was working as a brakeman. The second time around Richards will also be able to call his expert witness who was originally blocked from …
California’s public and private sector employers reported a sharp uptick in workplace injuries and illnesses last year, with respiratory illnesses driving much of the increase. Overall, there were 565,900 recordable injuries and illnesses in the state last year compared to 450,500 in 2021 – a 25.6% increase. For perspective, non-farm employment grew by only 3.6% …
A volunteer judge at an elementary school’s annual spelling bee is limited to workers’ compensation benefits for injuries she sustained in a fall. The Third District Court of Appeal found that she was an employee for workers’ comp purposes at the time of her injury and affirmed the dismissal of her personal injury lawsuit against …
A yacht club employee injured in a fall while stepping from a dock onto a boat can only seek recompense through California’s workers’ comp system. First, a trial court and now a court of appeal rejected his lawsuit against his employer, that alleged federal claims of negligence and unseaworthiness. The courts found no admiralty jurisdiction. …
In an interesting case that brokers should be aware of, the Fifth District Court of Appeal upheld the dismissal of a negligence lawsuit a temp worker filed against his “special employer” for the workplace injuries he sustained. The court says the employee’s exclusive remedy is the workers’ comp coverage provided by his direct employer – …
According to the latest government data, California has – by far – the most injuries and illnesses of any state in the country. But does this also mean California employers have the worst safety outcomes in the nation? No, not by a long shot. Averaging California’s injury totals against its outsized employment base put the …
Study: Kansans Benefits Lag Behind Cost of Living Workers’ compensation payments to injured Kansans lag far behind the increasing cost of living, according to a new study. By Scott Rothschild, …
Oregon: Emergency Rule ‘Shrouded in Secrecy’ In Oregon, to engineer a major change in how doctors are paid to treat injured workers, state officials acted under pressure from a private …