Guest Editor: Grace Shuman
June 7, 2022 9:44am
Last year, we reported a California federal district court dismissed a lawsuit filed by the wife of a construction worker who claimed her husband contracted COVID-19 at work and brought the virus home, infecting her as well…
Guest Editor: Kiran Gupta
June 4, 2021 9:00am
In our April Newsletter, Tyson & Mendes reported a California federal court dismissed a lawsuit filed by the wife of a construction worker. Plaintiff claimed her husband contracted COVID-19 at work and brought the virus home infecting her as well. Following the dismissal, the district court judge gave plaintiff an opportunity to amend her complaint. At a hearing on May 7, 2021, the court upheld the dismissal without further leave to amend. As of this date, it is unknown whether plaintiff will appeal.
Guest Editor: Kiran Gupta
June 4, 2021 9:00am
In two recent opinions, the Colorado Supreme Court concluded an injured worker cannot claim medical expenses against a third-party tortfeasor if the expenses were paid by a workers compensation insurer and the tortfeasor has settled the insurer’s subrogated claim for the expenses.
April 27, 2018 3:03pm
Workers’ compensation is a widely utilized form of insurance in the United States for employees injured during the course of their employment. Although most of the public is familiar with the general principles of workers’ compensation, the inner workings of its concepts are complex and require specialized knowledge to fully comprehend.
Nevada was one of the earliest states to adopt a set of industrial insurance laws, which included regulations governing a workers’ compensation program. Since 1913, Nevada has provided its citizens with workers’ compensation benefits. In the last 100 years, the state’s workers’ compensation laws have been in flux and have constantly changed. Because of this, courts are constantly called upon to decide matters regarding benefits for individuals injured on the job.
September 29, 2017 1:24pm
An individual is injured on the job and accepts workers’ compensation benefits. After accepting the benefits, the worker cannot sue the employer, but may sue others responsible for the injuries. In the lawsuit involving the third parties, fault is apportioned to the employer. Since Arizona law grants the employer’s insurance carrier a lien against any recovery by the worker, can the worker obtain a judicial determination of…
September 9, 2017 11:25am
Attention California employers! When an employer’s conduct falls outside the risks inherent in the employment relationship it loses exclusive remedy protection and the employee’s remedy is to sue the employer
November 19, 2015 7:53pm
The Workers’ Compensation Act (the “Act”) subjects employers to strict liability for injuries sustained by employees while in the course and scope of employment. The Act also makes workers’ compensation benefits the employee’s sole and exclusive remedy against the employer.
October 30, 2014 11:13pm
Until now, labor contractors bore the burden of liability for proper payment of wages and securing workers’ compensation for the workers they supply to a business. However, California’s recent passage of Assembly Bill 1897 changes these burdens by the creation of a new law, Labor Code section 2810.3, which becomes effective on January 1, 2015.
August 26, 2014 9:27pm
August 2014 California Case Law Updates