Intentional Tort v Negligence

A New Jersey appellate court found that an employee could not proceed with an intentional tort claim against an employer because the evidence needed to meet the two-prong standard was lacking.

Not A Violation of Public Policy

In rejecting an employee’s attempt to go forward with a lawsuit directly against an employer, the NJ Appellate Division ruled, in an unreported case*, that an employee, in a novel argument,  may assert the “violation of public policy” as an allegation.

California Supreme Court to File its Decision in a Derivative Immunity Claim Tomorrow

The California Supreme Court will file its much-anticipated decision regarding KUCIEMBA v. VICTORY WOODWORKS, Case: S274191, on Thursday, July 6, 2023, at 10:00 am (PT). The Court had accepted the request of the US Court of Appeals for the Ninth Circuit to answer a question of state law regarding employers' liability in COVID claims. Briefs are now available online (See below).

US Supreme Court Asked to Review PREP Act Immunity

The US Supreme Court [SCOTUS] has been asked to review whether the PREP Act [The Public Readiness and Emergency Preparedness (PREP) Act of 2005, 42 U.S.C. §§ 247d-6d, 247d-6e] pre-empts a claim for willful misconduct,

Dual Employment Status Bars Double Recovery

An employee may have dual employers but ultimately can only receive a single recovery from only one employer for work-related injuries. The “exclusivity doctrine,” permitting a complete recovery of damages against an employer, limits an injured worker’s benefit recovery to the compensation system, barring an intentional tort.

ACLU Files Lawsuit Against Meatpacking Plant for Treacherous COVID-19 Conditions

While the workers’ compensation system was established to shield employers from civil actions, in certain circumstances employers may still bring a cause of action directly against the employer. Essential workers in Nebraska have sued their employer for operating a meatpacking plant under conditions that were unsafe during the COVID-19 pandemic. This case highlights the need for employers to formulate worker safety protocols during the COVID-19 Pandemic.

CDC Coronavirus Guidance Sets a Standard for Employer Responsibility and Liability

The US Centers for Disease Control and Prevention [CDC] has issued an interim guidance based on what is currently known about the Coronavirus Disease 2019 (COVID-19). The guidance sets out a plan of  containment initially, and if that fails, mitigation of the spread of this very contagious and potentially fatal disease. If employers follow the guidance, in all likelihood workers' compensation issues will arise as to the payment of temporary and medical benefits following from occupational exposure at work to the COVID-19.