CA - Comp Is Exclusive Remedy for Worker Killed During Unpaid Meal Break
06/05/2026 | 0
Workers' compensation is the exclusive remedy for the family and estate of a worker who was murdered during an unpaid lunch break in his employer's parking lot, a California appeals court ruled.
Kevin Wrenne, 29, worked at a Taco Bell in downtown Redding. He was stabbed five times in the neck and chest in an unprovoked attack while taking his lunch break on March 28, 2022.
"The exclusive remedy provisions of the WCA apply here because Wrenne's injuries arose out of and occurred in the course of his employment with Taco Bell," the 3rd District Court of Appeal said in an
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The Nevada Supreme Court ruled that an employer was entitled to a writ compelling summary judgment dismissing a third-party claim for indemnification or contribution.
Case: Burke Construction Group Inc. v. District Court (Shi), No. 90665, 06/01/2026, published.
Facts: Shauneene St. Amand worked for Burke Construction Group Inc. She suffered injuries in a motor vehicle accident with Zheng Shi.
St. Amand was acting in the course and scope of her employment with Burke at the time of the accident, and Burke maintained workers' compensation insurance covering her injuries.
Procedural h
A divided North Carolina Court of Appeals ruled that the Industrial Commission had exclusive jurisdiction over a worker’s claims against his employer for negligence in responding to a medical emergency he experienced at work.
Case: Smith v. The BDK Group Shallotte LLC, No. COA25-738, 05/06/2026, published.
Facts: The BDK Group Shallotte LLC and affiliated entities jointly own, operate, manage and control a Tropical Smoothie Cafe in Shallotte. Jeffrey Smith worked for BDK as a district manager, and he went to the Shallotte location in April 2023 to prepare for a future store openin
A New York appellate court ruled that a worker who fell from a ladder was entitled to summary judgment on his Labor Law claim.
Case: De Souza v. El Sol Contracting and Construction Corp., No. 151863/21, 05/14/2026, published.
Facts: Ronald G. De Souza was injured when the upper half of a dismantled extension ladder, which lacked stabilizing feet, slid out from under him and collapsed while he was engaged in painting work from an elevated platform made of flexible corrugated metal.
Procedural history: De Souza filed suit against El Sol Contracting and Construction Corp., asserting a cla
A recent unpublished decision addressed the limitations of the Workers' Compensation Appeals Board to substitute findings of fact in the appellate process.
In Los Angeles Department of Water and Power vs. WCAB (Jeanette France), the Court of Appeal reversed a WCAB appellate decision that substituted new findings of fact in a Labor Code 132(a) case.
The applicant was employed by the Department of Water and Power when she sustained an accepted injury on Jan. 9, 2017, to her lower back and shoulder. She was terminated on Feb. 1, 2017. The applicant was not a traditional employ
A New York appellate court ruled that a worker should have been granted summary judgment on his Labor Law claim for his injuries from using an unguarded angle grinder.
Case: Terron-Alcantara v. Charlie's Real Estate LLC, No. 813407/22, 05/14/2026, published.
Facts: Edilberto Terron-Alcantara suffered injuries while working on a construction project when the angle grinder he was using kicked back and cut his arm.
Procedural history: Terron-Alcantara filed suit against Charlie's Real Estate LLC, asserting a claim for a violation of Labor Law Section 241(6).
Section 241(6) imposes non
The committee that advises the California Division of Workers' Compensation on evidence-based changes to the prescription drug formulary is meeting on July 15.
Members of the Pharmacy and Therapeutics Committee are scheduled to discuss unique identifiers used for medications that are included on the Medical Treatment Utilization Schedule drug list.
The committee will also discuss GLP-1 medications, proton pump inhibitors, and anticonvulsant and migraine drugs.
The committee is meeting virtually from 12:30-2:30 p.m.
More information, including for accessing the virtual meeti
The Workers’ Compensation Insurance Rating Bureau of California posted a full agenda for its 2026 Annual Conference, which will be held virtually on July 16.
WCIRB President and CEO Andrea Coleman will deliver opening remarks, followed by Executive Vice President and Chief Actuary Tony Milano and other members of the WCIRB's actuarial team, who will discuss key cost drivers in the state and insights from the annual State of the System report.
The conference will also feature a panel discussion examining how cumulative trauma claims develop and evolve, as well as how they're
A New Jersey appeals court held that a judge of compensation did not abuse her discretion in striking an employer's defenses and ordering it to authorize recommended treatment.
Counsel for Lambertville House did not oppose Roger Kneezel's motion to strike its defenses, the New Jersey Superior Court's Appellate Division said in an unpublished decision handed down Monday. The employer also failed to provide discovery relating to surveillance footage for more than four months, and its subsequent appeal to the doctrine of substantial compliance was deemed unpersuasive.
"Here, ov
May 20, 2026
A federal appellate court upheld the summary dismissal of an Illinois worker’s claims for disability discrimination.
Case: Shiba v. Mullin, No. 24-2514, 05/05/2026, published.
Facts and procedural history: Dored Shiba began working for the Social Security Administration in 1998.
In late 2002, he slipped and fell in the bathroom at work, hitting his head on a sink. Shiba resigned and applied for Social Security disability benefits. He also sought and was approved for disability retirement, which entitled him to a separate annuity from the Office of Personnel Management.
In April 2007,
A Louisiana appellate court overturned the dismissal of a self-represented worker’s claim, finding that the Office of Workers’ Compensation judge had failed to follow the proper procedure before dismissing with prejudice.
Case: Casimier v. Audubon Nature Institute Inc., No. 2025-CA-0765, 05/19/2026, published.
Facts: Idell S. Casimier worked for the Audubon Nature Institute. She allegedly collapsed and sustained injuries while at work in November 2018.
Procedural history: Casimier filed a workers’ compensation claim, acting as her own attorney.
During a pretrial conferenc
A New York appellate court ruled that the former owner of a property where a worker allegedly suffered injuries was entitled to partial summary dismissal of his Labor Law claims.
Case: Quintero v. MBH Capital LLC, No. 2024-01815, 05/13/2026, published.
Facts: Fernando Vasquez Quintero allegedly fell and sustained injuries while working/in Brooklyn.
Procedural history: Quintero filed suit against Federal Brick Management Group LLC, asserting that it owned the property at the time of his accident. He advanced claims for negligence and violations of the Labor Law.
Federal Brick asserted a cou
A New York appellate court ruled that an insurance carrier was entitled to a declaratory judgment that it owed no coverage to the defendants in two Labor Law actions.
Case: AIX Specialty Insurance Co. v. Steel Fab NY Inc., No. 2021-09507, 05/13/2026, published.
Facts and procedural history: AIX Specialty Insurance Co. filed a declaratory judgment action, seeking a determination that it was not obligated to defend or indemnify any party in connection with personal injury actions that had been filed against Sullivan Heights LLC and ZNKO Construction Inc.
The personal injury actions arose from
The Workers' Compensation Insurance Rating Bureau of California on Thursday posted updated versions of publications related to regulatory changes taking effect Sept. 1.
In May, Insurance Commissioner Ricardo Lara approved changes that the WCIRB proposed to the California Workers’ Compensation Uniform Statistical Reporting Plan-1995, California Workers’ Compensation Experience Rating Plan-1995 and the Miscellaneous Regulations for the Recording and Reporting of Data-1995.
Approved changes include using three decimal places instead of two to make expected loss rates mo
ANV Group Holdings Ltd. announced the acquisition of Specialty Comp Insurance Solutions from Specialty Program Group, a subsidiary of Hub International.
Specialty Comp Insurance Solutions is a Texas-based managing general agent specializing in hard-to-place monoline workers’ compensation insurance.
ANV said the deal expands its specialty insurance capabilities by "adding a differentiated workers’ compensation MGA focused on middle-market accounts and risks that are typically underserved by the standard market."
Specialty Comp Insurance Solutions had about $250 mi
Connecticut Gov. Ned Lamont has approved the creation of a task force charged with studying how administrative processing, medical provider availability and insurer authorization requirements prolong workers' compensation claims for select first responders.
Lamont on Tuesday signed HB 5385, which creates the eight-member task force to "study undue delay in workers' compensation claims by police officers and firefighters."
The task force will consist of six members appointed by lawmakers, the Labor Commissioner and the chair of the Workers' Compensation Commission. The b
