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Workplace Injury Intentional Torts ( March 1996 )
Like mushrooms, intentional tort lawsuits over workplace injuries survive legislation to eradicate them and crop up in unexpected states with historically strong workers compensation employer immunity. Witness the recent case of Theresa Birklid v. The Boeing Company in Washington state. Never in 70 years had that state's Supreme Court allowed a workplace injury to trigger a successful tort case against the employer; only intended physical assaults by co-workers led to civil liability beyond the exclusive remedy of workers' compensation benefits. Employees, even when injured by employers' gross negligence of removing guards (without intending to assault or hurt a specific employee), were shut out from seeking civil injury tort case compensation against their employers. -
Even Birthday Spanking Injuries Can Be Covered by the Minnesota Workers' Compensation Act ( October 2004 )
Many states have developed workers compensation systems entitling employees to receive compensation for workplace injuries, regardless of fault, which also allow employers to know what liability they face for such injuries. In keeping with that purpose, Minnesota has been willing to find most injuries that occur in the workplace to be covered under its Workers Compensation Act ("WCA"). Indeed, based upon these principles, the Minnesota Supreme Court recently barred an employee claim for injuries resulting from a "birthday spanking" against an employer and, in the process, reaffirmed Minnesota's broad definition of injuries covered by the WCA. -
January 2004 Benefits Briefs ( February 2004 )
Contains discussion of market timing in 401(k)s, a ruling that a domestic partner is entitled to benefit coverage not applied for, and benefit coverage of independent contractors, among other subjects. -
Atlanta Employment Law Seminar. Seminar Summaries of Speakers Linda Sherman and Jonathan Rosenfeld of Hale and Dorr LLP. ( January 2004 )
Linda Sherman provided a discussion on executive compensation. Jonathan Rosenfeld was unable to participate in person, but prepared a presentation on hiring and firing measures to avoid liability which is available online. -
Chronic Beryllium Disease Suffers Get Recognition ( February 2001 )
"The Cold War Compensation Act" is the first federal workers' compensation program to be implemente. -
Proving a Compensable Latex Case: The Need for Expert Testimony ( January 2001 )
A Pennsylvania court required that expert testimony be offered in order to establish causal relationshi. -
Jackson Lewis:The Connnecticut Employer ( April 2000 )
This bulletin discusses various labor & employment issues including how the courts have disagreed on the reach of negligent infliction of emotional distress claims; workers' compensation law bars injury claim based on employer's absenteeism policy and how the attorney-client privilege protects former supervisor's communications with former employer's counsel. -
Jackson Lewis:The Benefits Brief ( April 2000 )
In this issue of the Benefits Brief, the pending Patients' Bill of Rights legislation is discussed and how this bill may affect employers.
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