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Case Name Koscki v. Herbert
Date 05/26/2010
Note [Unpublished] Claim barred by the exclusivity provision of the Workers' Compensation Act, because injury occurred within course and scope of employment while employer was actively insured.
Citation F057422
WCC Citation WCC 36312010 CA
Plaintiff Laura Koscki appeals from the judgment entered after the trial court granted the summary judgment motion of defendants Gerald Henry Herbert (Herbert) and Consolidated Freightways Corporation (Consolidated). From our nonpublished opinion (Koscki v. Herbert et al. (Oct. 12, 2007, F051098), to be discussed below, it appears that Koscki filed a form complaint alleging that Herbert's negligent operation of the tractor caused her injuries. It also objected to various exhibits submitted by Koscki as lacking in relevance, as inadmissible hearsay, and on the ground that Koscki failed to provide a foundation to establish the documents were as claimed by Koscki. And, as Koscki admitted, attempts were made to reimburse Koscki for these payments, although Koscki found the attempts unsatisfactory. Koscki did not allege her action against Herbert was not precluded by Labor Code section 3601, subdivision (a).

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