CA - Court Upholds Summary Dismissal of Worker's Claims for Retaliation, Emotional Distress
04/17/2024 | 0
A California appellate court upheld the dismissal of a worker’s civil case against his former employer, finding his claims for retaliation and the negligent and intentional infliction of emotional distress all failed as a matter of law.
Tom Faley worked as a district manager for Ferrellgas Inc. He was supervised by Denise Whisman. Jesse Lamkin was one of two Ferrellgas employees whom Faley supervised.
In August 2018, Faley underwent his first performance review in his position as a manager, and he was informed that he needed to improve. In the months that followed, Whisman communi...
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A Louisiana appellate court overturned an award of permanent total disability benefits for a worker claiming post-traumatic stress disorder from a fight with a combative hospital patient.
Case: Tombrello v. Louisiana, No. 55,490-WCA, 04/10/2024, published.
Facts: John Tombrello worked for the Louisiana State University Health Science Center. He allegedly suffered psychological injuries because of a physical altercation with a patient in June 2011. The patient urinated, defecated and repeatedly spat on him. The patient then told Tombrello that he had “AIDS and syphilis and everythi...
An Ohio appellate court upheld a jury’s determination that a worker was entitled to expand the scope of his workers’ compensation claim, finding no error in the trial judge’s decision not to issue the interrogatories proposed by the employer.
Case: Smith v. Honda of America Mfg. Inc., No. 8-23-17, 04/15/2024, published.
Facts and procedural history: Brian Smith worked for Honda of America Mfg. Inc. He filed a workers’ compensation claim in 2017 and received an award of benefits for synovitis/tenosynovitis in his left hand and index finger in both hands.
In ...
A New York appellate court ruled that a worker should not have been granted permission to belatedly file civil claims against municipal entities for his alleged injuries from a construction site accident.
Case: Matter of Philbin v. City of New York, No. 151922/22, 04/11/2024, published.
Facts and procedural history: Stephen Philbin allegedly suffered injuries to his shoulder in a scaffold accident while working on property owned by the New York City Housing Authority.
Philbin filed a workers’ compensation claim a few weeks later, but he waited months before attempting to file suit aga...
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One of the goals of the 2013 Reform Act was an efficient and timely system for resolution of claims. Settlement by agreement furthers that goal by getting employees their benefits more quickly and by allowing employers to avoid undue litigation expenses.
And the number of settled claims is impressive. In the Bureau of Workers' Compensation's current fiscal year, beginning last July, the Court of Workers’ Compensation Claims has already reviewed almost 6,000 proposed settlement approvals. In the calendar year 2023, we approved 8,533 settlements.
Perhaps that number...
The Texas Division of Workers’ Compensation on Tuesday announced the adoption of rules governing the processes insurance companies use to submit information on their accident-prevention services.
The division said the rules that take effect July 1 eliminate overly burdensome reporting requirements that companies must follow to demonstrate the sufficiency of their accident-prevention services.
The rules eliminate a requirement that carriers maintain written procedures governing the evaluation of policyholders’ needs for accident-prevention services. They also remove the requi...
The U.S. Department of Labor on Tuesday announced that its Mine Safety and Health Administration issued a final rule that lowers the permissible exposure limit for silica dust.
The rule lowers the PEL from 100 to 50 micrograms per cubic meter of air for a full-shift exposure. Mine operators are required to take immediate corrective actions when exposure exceeds the limit.
In addition to reducing exposure limits, the final rule also requires mine operators to use engineering controls to prevent overexposure to respirable crystalline silica and use dust samplings and environmental evaluations ...
A Southern California chiropractor accused of illegally running a law firm to funnel injured workers into his network of medical clinics to churn bills was ordered to serve more than 54 years in state prison and fined $23 million, the Riverside County District Attorney’s Office announced.
Peyman Heidary, 53, was ordered to serve 54 years and eight months in a state prison at a sentencing hearing Friday. He was also ordered to pay more than $23 million in fines for his role in orchestrating what prosecutors said was a $150 million work comp fraud scheme.
A jury in January convicted Peym...
The Colorado Court of Appeals upheld an award of benefits to a municipal employee for a head injury that necessitated two brain surgeries and left him with cognitive difficulties.
Case: Town of Kiowa v. Industrial Claim Appeals Office, No. 23CA1605, 04/11/2024, published.
Facts: Kent Berends worked for the Town of Kiowa as a public works manager. He struck his head on a metal car lift while at work on April 30, 2020.
Berends did not immediately report the incident to anyone at work, but in the following days, both he and his wife allegedly noticed he had difficulty remembering things, was s...
A Louisiana appellate court upheld the dismissal of a worker’s claim for a COVID-19 infection, finding it was time-barred.
Case: Linn v. Ouachita Parish Police Jury, No. 55,480-WCA, 04/10/2024, published.
Facts: Montreal Linn worked for the Ouachita Parish Police Jury through a government grant program. He was employed as a sanitation worker at two recreation centers in Monroe.
Linn allegedly contracted COVID-19 in October 2021. He missed 12 days of work and then spent a week on modified duty before returning to full duty.
Linn was terminated in December 2021.
He contacted mult...
An Ohio appellate court upheld an award of permanent total disability benefits to a worker who suffered multiple injuries in a series of incidents while working for three employers.
Case: State ex rel. Freedom Center v. Industrial Commission, No. 22AP-87, 04/11/2024, published.
Facts: Debra J. Singletary suffered injuries in a work-related fall in 1994. Singletary fell at work again in 1996 while working for a different employer.
Singletary filed workers’ compensation claims for both accidents and received benefits.
In September 2005, Singletary was working for the Freedom Cente...
A New York appellate court upheld the dismissal of a worker’s Labor Law claim for his injuries received during a bridge construction project.
Case: Valenti v. Metropolitan Transportation Authority, No. 300333/10, 04/11/2024, published.
Facts: Roberto Valenti allegedly suffered injuries while working on a construction project for the Metropolitan Transportation Authority, the Triborough Bridge and Tunnel Authority and the American Bridge Co.
Procedural history: Lawrence filed suit against the MTA, TBTA and ABC, asserting claims for violation of Labor Law Sections 200 and 241(6).
Secti...
Florida Gov. Ron DeSantis recently signed a bill that prevents cities and counties from forcing private employers to do anything beyond what the federal government requires to protect their workers from heat injuries.
The governor on Thursday signed House Bill 433, by the House Commerce Committee, which generally prohibits local governments from enforcing certain employment rules or practices that are different than those enforced by the state or federal government.
For example, the bill prohibits political subdivisions from trying to influence wages or employment benefits provided by v...
The federal Occupational Safety and Health Administration is holding a free three-day training event in Illinois to educate federal agency safety and health personnel on how to provide safe and healthful workplaces for federal workers.
A series of in-person and online half-day seminars will cover topics including verbal de-escalation techniques, control of hazardous energy, forklift operation and material handling, electrical safety and fire protection.
Other seminars will cover emergency preparedness, bloodborne pathogens, effective respiratory protection programs and limiting exposure to s...
The Illinois Appellate Court upheld the denial of a worker’s third motion to reinstate her claim after it was dismissed following her failure to appear or have her attorney appear before an arbitrator.
Eugenia Bala worked for Covenant Care at Home. She filed a workers’ compensation claim for alleged injuries she sustained on June 25, 2015.
Covenant filed a motion to dismiss the case for want of prosecution in August 2017. An arbitrator granted the motion after Bala failed to appear at two hearings.
Bala filed a motion to reinstate her case in September 2017, and the arbitra...
The Oregon Court of Appeals upheld the dismissal of a civil suit against a fatally injured worker’s employer, ruling that the state Constitution does not guarantee a remedy for the worker’s adult children for the loss of their mother’s companionship.
Case: Pierce v. Best Western International Inc., No. 215, 04/10/2024, published.
Facts and procedural history: Patricia Ann Stout worked for Connor Enterprises Inc. She died in 2019 as a result of an on-the-job accident. The representative of her estate filed suit against Connor, asserting claims for negligence, violations of t...
