Defendant Altfillisch Contractors, Inc. demurs to the First and Second Causes of Action in the Complaint filed by Plaintiff Adam Corcoran based on the “workers compensation exclusivity rule” codified in Labor Code §§3600, 3602 and related case law.
The Complaint alleges causes of action for general negligence and premises liability based on the death of Plaintiff’s decedent, Jerry Corcoran, on 07/14/16 from a bee sting. Defendant argues that decedent was its employee, and was on Defendant’s construction site, acting in the course and scope of his employment on the date that he was attacked by the bees. Defendant asks that the Court take judicial notice of records from the Workers’ Compensation Appeals Board (“WCAB”), including an Order Approving Compromise and Release, signed by Workers’ Compensation Administration Law Judge Robert Mays on 08/17/17. (RJN, Ex. 1.) This order indicates that decedent’s claim against Defendant was the subject of a settlement in the workers’ compensation fo
Hearing Date
March 14, 2019
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Defendant Altfillisch Contractors, Inc. demurs to the First and Second Causes of Action in the Complaint filed by Plaintiff Adam Corcoran based on the “workers compensation exclusivity rule” codified in Labor Code §§3600, 3602 and related case law.
The Complaint alleges causes of action for general negligence and premises liability based on the death of Plaintiff’s decedent, Jerry Corcoran, on 07/14/16 from a bee sting. Defendant argues that decedent was its employee, and was on Defendant’s construction site, acting in the course and scope of his employment on the date that he was attacked by the bees. Defendant asks that the Court take judicial notice of records from the Workers’ Compensation Appeals Board (“WCAB”), including an Order Approving Compromise and Release, signed by Workers’ Compensation Administration Law Judge Robert Mays on 08/17/17. (RJN, Ex. 1.) This order indicates that decedent’s claim against Defendant was the subject of a settlement in the workers’ compensation fo