By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board Just when you thought the right of “due process” was on the brink of destruction, the legislature...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Over the past several decades California has implemented broad legislative...
CALIFORNIA COMPENSATION CASES Vol. 89, No. 9 September 2024 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...
By Thomas A. Robinson, co-author, Larson’s Workers’ Compensation Law Editorial Note: All section references below are to Larson’s Workers’ Compensation Law, unless otherwise indicated...
By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board One of the most common reasons evaluating physicians flunk the apportionment validity test is due to their...
A Federal district court in California granted an employer’s motion for summary judgment on exclusive remedy grounds as to one count of plaintiff’s complaint that alleged an intentional infliction of emotional distress (“IIED”) claim following plaintiff’s termination of employment. Observing that a termination was “a normal and inherent part of employment,” the court held plaintiff had failed to show that his termination exceeded the risks inherent in the employment relationship. The court said plaintiff simply had asserted that his claim was not barred because it arose from the defendant’s “discriminatory practices.” Citing Cole v. Fair Oaks Fire Protection Dist., 43 Cal. 3d 148, 151, 233 Cal. Rptr. 308, 729 P.2d 743 (1987), the district court said the plaintiff could not remove his claim from the exclusive remedy of workers’ compensation merely by alleging that the conduct was “manifestly unfair, outrageous, harassment, or intended to cause emotional disturbance.”
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Thibeaux v. The Geo Group, Inc., 2014 U.S. Dist. LEXIS 165480 (S.D. Cal., Nov. 25, 2014) [2014 U.S. Dist. LEXIS 165480 (S.D. Cal., Nov. 25, 2014)]
See generally Larson’s Workers’ Compensation Law, § 104.05 [104.05]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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