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Employer Liability Issues › Summary Judgment › Workers' Compensation Claim

Gray Reed

Using Evidence to Fill Gaps in Pleadings Silent on Important Coverage Facts

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A decision out of the United States District Court for the Southern District of Texas showcases the practical challenge in the relationship between workers’ compensation and the pleading standards required to trigger...more

Goldberg Segalla

Appellate Court Affirms Denial of Appellant’s Motion for Summary Judgment

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Jurisdiction: Court of Appeals of Minnesota - Appellant Westrock Minnesota Corporation f/k/a Waldorf Corporation (Waldorf), challenged the district court’s ruling, denying summary judgment on respondent’s asbestos-related...more

Parker Poe Adams & Bernstein LLP

Paying Workers' Compensation Benefits Does Not Absolve Employer of FMLA Obligations

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Many employers that attempt to manage workers’ compensation claims and expenses offer temporary light duty work to employees whose injuries prevent them from performing their regular job functions. The Department of Labor has...more

Proskauer - California Employment Law

Hirer Of Independent Contractor Was Not Liable For Death Of Latter’s Employee

Proskauer - California Employment Law on

Horne v. Ahern Rentals, Inc., 50 Cal. App. 5th 192 (2020) - The surviving heirs of Ruben Dickerson sued Ahern Rentals, a company that leases forklifts and other heavy-duty construction vehicles to its customers....more

Proskauer - California Employment Law

Gay CHP Officer May Have Been Constructively Terminated

Proskauer - California Employment Law on

Brome v. California Highway Patrol, 44 Cal. App. 5th 786 (2020) - Jay Brome sued the California Highway Patrol (“CHP”) after resigning as a law enforcement officer, claiming he had been subjected to harassment and...more

Payne & Fears

Key California Employment Law Cases: January 2020

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Ridgeway v. Wal-Mart, Inc., 946 F.3d 1066 (9th Cir. 2020) - The employer must pay minimum wages to employees for time spent on mandated layovers where the employer’s policy imposes constraints on employees’ movements...more

Seyfarth Shaw LLP

Workers’ Compensation Ruling Given Preclusive Effect In Discrimination Lawsuit

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Seyfarth Synopsis: In Ly v. County of Fresno, the Court of Appeal held that correctional officers’ claims for race, ethnicity, and national origin discrimination were barred because the claims had been previously denied in...more

Proskauer - California Employment Law

California Employment Law Notes - January 2017

Proskauer - California Employment Law on

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

Carlton Fields

Excess Workers’ Compensation And Employers’ Liability Policy Held Not To Be Reinsurance

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The United States District Court for the Middle District of Louisiana recently granted an insurer’s motion for summary judgment, finding that an excess workers’ compensation and employers’ liability policy was not reinsurance...more

BakerHostetler

Has the Fifth Circuit Opened the Door for Potential Liability of Staffing Companies?

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In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944, — F.3d —-, 2015 WL 4742174 (5th Cir. Aug. 10, 2015), the Fifth Circuit reversed the district court’s grant of summary judgment for two...more

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