Perspective
Dec. 1, 2009
The Flip-side to Workplace Incident Lawsuits
Frederic Grannis and Jeffrey Ikejiri of Sedgwick Detert present a counter argument under Elsner v. Uveges for workplace incident cases.
By Frederic Grannis and Jeffrey Ikejiri
The California Supreme Court's decision in Elsner v. Uveges (2004) 34 Cal. 4th 915 was considered by many observers to be bad news for defendants in personal injury and wrongful death lawsuits. Elsner construed a 1999 amendment to Labor Code Section 6304.5 as a repeal of a 30-year-old rule, which precluded any use or consideration of California Occupational Safety and Health Act (OSHA) provisions and regulations in suc...For only $95 a month (the price of 2 article purchases)
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