California Employment Law Update

Tag Archives: injury

PAGA Wage Statement Claim Does Not Require Proof of Injury

Raines v. Coastal Pac. Food Distrib., Inc., 23 Cal. App. 5th 667 (2018) Terri Raines sued Coastal Pacific individually and under the Private Attorneys General Act (“PAGA”) for failure to furnish her and other employees accurate itemized wage statements showing the applicable hourly rates in effect during the pay period and the corresponding number of … Continue Reading

Employee of Independent Contractor Cannot Sue Company That Hired Contractor for Negligence

SeaBright Ins. Co. v. US Airways, Inc., 52 Cal. 4th 590 (2011) US Airways uses a conveyor to move luggage at San Francisco International Airport. US Airways hired independent contractor Lloyd W. Aubry Co. to maintain and repair the conveyor and did not direct Aubry’s employees in their work. The conveyor lacked certain safety guards … Continue Reading

Injuries Sustained By Professional Stuntman Were Covered By Workers’ Compensation

Caso v. Nimrod Productions, Inc., 163 Cal App. 4th 881 (2008) Christopher Caso, a professional stuntman, suffered severe head injuries while performing a stunt during the production of a television show. Caso and his wife (who sought damages for loss of consortium) sued defendants (the director and the stunt coordinators and their respective loan-out corporations) … Continue Reading

Winery Was Not Responsible For Injuries Caused By Employee Who Borrowed One Of Its Storage Bins

Baptist v. Robinson, 2006 WL 2699181 (Cal. Ct. App. 2006) While riding his motorcycle, Ronald Baptist struck a large plastic agricultural bin that had fallen onto the highway from the back of a pickup truck that was owned and driven by Thomas Robinson. Robinson was employed by Thomas Fogarty Winery and had, without the winery’s … Continue Reading

Primary Employer Was Liable For OSHA Violation For Failure To Have Injury Prevention Program

Sully-Miller Contracting Co. v. California OSHA Bd., 138 Cal. App. 4th 684 (2006) Sully-Miller, an asphalt-paving company, leased one of its employees, Jeff Moreno, to Manhole Adjusting, Inc., as a roller operator. While working at Manhole’s worksite, Moreno was fatally injured when he was thrown from the roller because it lacked an operable seatbelt. OSHA … Continue Reading

Off-Duty Employee Injured On Employer’s Water Slide Was Entitled To $4.4 Million Judgment

Mason v. Lake Dolores Group, LLC, 117 Cal. App. 4th 822 (2004) James Mason was rendered a paraplegic after he rode down the “Doo Wop Super Drop” water slide and crashed into a dam at the end of the slide that was owned and operated by his employer, Lake Dolores Group (LDG). Shortly before the … Continue Reading

Employee Who Had Worked Fewer Than Six Months Was Not Entitled To Benefits For Injury To Psyche

Wal-Mart Stores, Inc. v. WCAB, 112 Cal. App. 4th 1435 (2003) Velta Elaine Garcia suffered an orthopedic injury to her back while employed by Wal-Mart. At the time of the injury, Garcia had worked at Wal-Mart for fewer than six months. Four years after the incident, Garcia amended her workers’ compensation claim to assert that … Continue Reading

Employee Who Would Be Deprived Of His Day In Court Not Required To File Suit In Wisconsin

Murphy v. Schneider Nat’l, Inc., 349 F.3d 1224 (9th Cir. 2003) Charles E. Murphy was injured on premises owned by Trane Company while he was working as a long-haul trucker for Schneider National, Inc. Murphy filed a personal injury action against Schneider (which had failed to maintain a workers’ compensation policy) and Trane in the … Continue Reading

Employee Who Sued Uninsured Employer Failed To Prove That Injury Occurred In The Course Of Employment

Huang v. L.A. Haute, 106 Cal. App. 4th 284 (2003) Ai Zhen Huang was employed as a housekeeper at the home of Brad Hunter, but was on the payroll of L.A. Haute, a furniture manufacturing business in which Hunter was a partner. Huang was employed for approximately two years before her employment was terminated on … Continue Reading

Employee Who Was Exposed To Toxic Mold Limited To Workers’ Compensation Benefits

Jensen v. Amgen, Inc., 105 Cal. App. 4th 1322 (2003) Darcy Jensen, who was employed at Amgen as a module team coordinator, alleged that she sustained injuries after she was exposed to mold on Amgen’s premises. Jensen filed a lawsuit asserting causes of action for fraudulent concealment of injuries under Labor Code § 3602(b)(2), battery … Continue Reading

Property Owner Not Liable For Injuries To Employee Of Subcontractor

Lopez v. C.G.M. Dev., Inc., 101 Cal. App. 4th 430 (2002) C.G.M. Development, Inc., a property owner, entered into a contract with Dekkon Development, Inc., a general contractor, to develop commercial property located in the City of Industry. Dekkon in turn entered into a subcontract with L&E Builders to frame the roof of the building. … Continue Reading
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