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Employment Law: Cases & Materials, Fifth Edition (2012) |  |
Prof. Steven L. Willborn
Prof. Stewart J. Schwab
Prof. Emeritus John F. Burton, Jr.
Prof. Gillian L. L. Lester
Law School Educators:
Order Today.
* New coverage of Calif. apportionment of wc benefits
* Expanded review of OSHA penalties for job hazards
* Coverage of dismissal standards
* Integration of new Restatement of Employment Law |
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intentional self injury | |
The Defense of Intentional Self-Injury: Russian Roulette, Workplace Frustration, Accidental Drug Overdose, and More. In a few cases, attempts have been made to invoke the intentional self-injury defense when, although the workers obviously did not really intend to harm themselves, their conduct was so rash that the defendants attempted to argue that it was the equivalent of intentional self-injury. Thus, where a grocery store cake decorator developed carpal tunnel syndrome and, following surgery, was told by her doctor not to decorate cakes. but did so at the request of her employer because it was understaffed, the employer could not then say the worsening of her condition was self-inflicted. Probably most people would agree that this decision was correct in rejecting such a fictitious extension of the plain meaning of "intentional." But what if a worker dies playing Russian Roulette? > Read the complete excerpt from Larson's Workers' Compensation Law. |
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the responsible employer | |
 Responsible Employer Determination in Cases Involving Multiple Traumatic Injuries: Seeking Analytical Clarity (in Longshore Act Cases), by Yelena Zaslavskaya, Senior Attorney for Longshore, Office of Administrative Law Judges, U.S. Department of Labor. Case precedent prescribes the rules for identifying the responsible employer/carrier in cases potentially involving multiple traumatic injuries or occupational exposures with sequential employers/carriers. It is well-settled that, in cases involving traumatic injuries, the determination of the responsible employer turns on whether the claimant's disabling condition is the result of the natural progression of an initial injury or an aggravation due to a subsequent injury. > Read more
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| Larson's spotlight: firefighter rule | |
Firefighter's Rule Did Not Bar Tort Action Against Homeowner, by Thomas A. Robinson.The "firefighter's rule," an important exception to the usual third-party liability rules has arisen over time in a minority of jurisdictions. In those jurisdictions, a firefighter (or other first responder) may not recover in tort from a landowner or occupier who has been negligent in starting or failing to curtail a fire. Absent such a limiting doctrine, the firefighter would ordinarily be able to recover under the "rescue doctrine," initially formulated by Judge Benjamin Cardozo. While acknowledging that the State of New Hampshire followed the minority, fighter's rule, the state high court recently refused to extend the principle to bar a common law negligence action filed by a voluntary firefighter against homeowners for injuries sustained when the firefighter slipped and fell on an icy driveway as he attempted to retrieve a fire extinguisher at the direction of the lieutenant in charge.... > Read more about this case and other noteworthy cases. |
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| blogs at the lexisnexis workers' comp law community |
 Workers' Comp Fraud Blotter: Injured Chef Keeps Cooking Corn For Two More Employers While Disabled, by LexisNexis Workers' Compensation Law Community Staff. Read it.
 California: Labor Code Section 3208.3(h) Applied to Migraine Headaches, by Richard M. Jacobsmeyer, Esq. Read it.
 California WCMSA Case: Did Clinical Need for Medical Treatment Occur Faster Than CMS Process for Approving Medicare Set-Aside? by Jennifer C. Jordan, Esq. Read it.
 Body of Evidence: Delaware IAB Rules on Motion to Exclude Findings Gleaned From Covert Autopsy, by Cassandra Roberts, Esq. Read it.
Chicken Impossible: Second Time's a Charm for Avian Flu Case in Delaware, by Cassandra Roberts, Esq. Read it.
 Missouri: Working Doesn't Stop PTD Benefits for Claimant, by Martin Klug, Esq. Read it.
Missouri: Chasing Bad Guy Arises Out of Employment, by Martin Klug, Esq. Read it.
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The Defense of Intentional Self-Injury
