The California Court of Appeal recently addressed the issue of whether an employer can be held liable for injuries caused by an employee under the doctrine of respondeat superior. In this unpublished opinion, the court assessed whether the going and coming rule applied to an employee who provided two other…
Recently, a California Court of Appeal addressed the issue of whether the California Workers’ Compensation Act barred a negligence claim brought by an injured employee against his employer for negligence. In this opinion, the appellate court looked at whether the claim arose out of and in the course of employment, and…
In a recent case, the California Court of Appeal addressed whether an injury that led to an employee’s death occurred in the course and scope of his employment. The court here examined the weight of circumstantial evidence, particularly in light of the fact that proving industrial causation is difficult in…
Recently, the California Court of Appeals addressed a claim for workers’ compensation by an employee who had worked for his employer for 74 days before slipping and falling, resulting in numerous injuries. In this case, the court asked whether the accident responsible for the employee’s psychiatric injuries was in fact…
A case before the California Court of Appeal addressed the circumstances in which a stipulated award could be rescinded or revised. In this workers’ compensation lawsuit, the parties had entered a stipulation based on the evidence demonstrating the injured plaintiff’s temporary disability. At the time, a test had been completed showing…
In a recent case before the California Court of Appeal, the court addressed whether personal injury claims against an employer were preempted by the Workers’ Compensation Act. The injured employee in this case alleged professional negligence, emotional distress, and other causes of action stemming from injuries he suffered after his employer’s physicians both…
In a recent case before the California Supreme Court, the court reviewed the legislative history of workers’ compensation provided to police officers. Labor Code section 4458.2 sets forth workers’ compensation benefits for certain peace (police) officers injured in the course and scope of their employment. The issue before the court…
In a recent case before the California Court of Appeal, the court addressed an injured employee’s claim that the workers’ compensation process of independent medical review (IMR) was unconstitutional. The court reviewed the legislative reforms to the workers’ compensation system and analyzed the history of an injured employee’s challenge to a…
In a recent California Court of Appeal case, an injured worker requested that the court address what she perceived as an inconsistency in the workers’ compensation laws regarding admissible evidence. The Legislature has declared that the opinion of a privately retained expert who has evaluated an injured worker may not be…
In a recent opinion, the California Court of Appeals determined the state had a legitimate interest in a work-related injury suffered by an employee of a California corporation. A former basketball player suffered injuries while playing for a California team and then intermittently playing in the state while employed by other…