Position paper presented at CSIMS 2024 by Hon. Robert G. Rassp, Chairman of the Board of Directors, Friends Research Institute (friendsresearch.org) Disclaimers: The opinions expressed in this article...
CALIFORNIA COMPENSATION CASES Vol. 89, No. 8 August 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 Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board The June 13, 2024 edition of the LexisNexis Workers’ Compensation...
LexisNexis has selected some of the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2024. The first...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board It is well understood that the California Insurance Guarantee Association...
The estate of a residential treatment counselor at a mental health clinic may not maintain a wrongful death action against two directors of the mental health association that employed the decedent, held the Supreme Judicial Court of Massachusetts. The counselor was fatally attacked by one of the facility’s residents. The estate filed suit against the directors and others contending the defendants were liable under common law since the directors voted to adopt and enforce certain workplace policies and client admissions polices, and failed or declined to adopt and enforce safety policies and staffing and training requirements that reasonably would have prevented the attack. The high court held the action was barred by the exclusive remedy provisions of the state workers’ compensation act, that although the directors technically were not the decedent’s employer, they were immune since they could not act individually, and only as part of the board of directors, which governed the employer. The court acknowledged that the term "employer" did not include nonprofit entities, as defined by the Internal Revenue Code, that were exclusively staffed by volunteers. The employer, while a nonprofit entity, was not so exclusively staff.
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 Estate of Moulton v. Puopolo, 2014 Mass. LEXIS 129 (Mar. 14, 2014) [2014 Mass. LEXIS 129 (Mar. 14, 2014)]
See generally Larson’s Workers’ Compensation Law, § 111.02 [111.02]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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