Monthly Archives: May 2015

California Court: Leasing Employers and Temporary Service Employers May Not Self-Insure

Earlier this month, a California appellate court struck down a challenge by two staffing companies that had sued the state, alleging that Cal. Lab. Code § 3701.9, added in 2012 as part of Senate Bill No. 863, and which prohibits … Continue reading

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Kansas Court Extends Firefighter’s Rule to Bar Tort Recovery by Law Enforcement Officer

Ordinarily, workers are free to pursue civil actions against third parties whose negligence causes work-related injuries. One exception, however, is the so-called “firefighter’s rule,” adopted in a number of states, that holds that a firefighter should be precluded from recovery … Continue reading

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Nevada Work Release Inmate’s Injuries Are Responsibility of Employer, Not State

Nevada, like a number of other states, provides workers’ compensation benefits for inmates who sustain injuries “while engaged in work in a prison industry or work program,” whether the program is operated by the Department of Corrections or a private … Continue reading

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Kentucky Truck Driver’s Tort Action Against Wal-Mart Barred by Statutory Employer Rules

A truck driver, who alleged that he sustained injuries while delivering merchandise to a Wal-Mart store in Kentucky cannot proceed in his civil action against the large retailer since, under the facts of the case, Wal-Mart was the driver’s statutory … Continue reading

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South Carolina Bill Would Make Workers’ Comp Coverage Optional for Most Employers

A bill introduced in the South Carolina Senate on April 16th (2015 Bill Text SC S.B. 674) would make workers’ compensation coverage optional for the vast majority of the state’s employers—not just those who choose to set up written alternative … Continue reading

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NY Claimant Fails to Show That Claim Filing Was Delayed by Hurricane Sandy

An employee’s inability to file a timely notice of claim based on his alleged inability to meet with counsel because of the onslaught and aftermath of Hurricane Sandy was an inadequate excuse where time sheets revealed that he had regularly … Continue reading

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