Wright was standing approximately two to four feet from the shelf, with her back to it. Injuries sustained while an employee is performing tasks within his or her employment contract but outside normal work hours are within the course of employment. Wright argues she was on the premises to engage in a voluntary social activity that exempts her from workers' compensation benefits under section 3600, subdivision a 9. Wright was assisting fellow employees in holding up a collapsing shelf. Wright contends, in such a case, it is not appropriate to examine the activity being performed at the time of the injury, but to instead look to the reason the employee was on the premises. Hudson's butt, and many other instances of inappropriate conduct.
At trial, we proved that the harassment did, in fact, occur as described by Mr. We also proved that, in every other instance involving male-female or female-male sexual harassment, the company investigated and acted pursuant to its policies, but in this case of male-male sexual harassment, it did not. Here, Wright was not engaged in a recreational or social activity at the time of her injury, and her injury did not arise out of participation in any such activity. Simply put, Wright's actions in assisting her coworkers in holding up the shelf were taken in furtherance of her employer's business and were reasonably expected by her employer. Hudson was also told that because of Mr. However, employees were not paid for working on these days.
Superior Court of Stanislaus County, No. She did not work Tuesdays, Wednesdays or Saturdays. Baxter and Maiya Yang for Defendant and Appellant. At trial, we proved that the harassment did, in fact, occur as described by Mr. Hudson to suck it up and deal with it. Melinda McRee, the store's manager, also grabbed the shelf and told everyone if they could not hold it, to let go. However, where the facts are undisputed, resolution of the question becomes a matter of law.
Upper management then made a business decision to lay off Dan Rangle, thereby avoiding the need to conduct a full, fair and thorough investigation into the incident. Wright argues she was on the premises to engage in a voluntary social activity that exempts her from workers' compensation benefits under section 3600, subdivision a 9. Rangle's layoff, somebody from upper management came to Mr. On July 10, 2013, Mr. Go to for further information.
Rangle's former truck, which had a sleeper cab with a mattress that still smelled of Mr. We find no such exception to well settled workers' compensation law for split second or instinctive decisions. Plaintiff's general work in attending the gasoline station clearly encompassed so simple a task as holding upright a pump handle while another worker tightened its bolts. For reviews of Beverly Fabrics Inc see below. She received corresponding pay increases. Hudson was an exemplary employee by all accounts. Thus, the court erred in finding Wright's damages were not barred by the workers' compensation exclusive remedy rule.
Bell was standing about one foot from a shelving unit when she noticed the shelf move. As explained in Scott v. In light of our conclusion, it is not necessary to take judicial notice of Beverly Fabrics' legislative intent materials underlying section 3600, subdivisions a 2 and a 9. Go to for further information. A four-day jury trial began on December 13, 1999.
Although plaintiff's regular working hours had ended about two and a half hours earlier, plaintiff consented to lend the required assistance, held the handle straight until the bolts were tightened, and then stepped back from the pump. Hudson was gay and that he frequented male prostitutes at truck stops, pinching Mr. On Wednesday, June 3, 1998, Wright went to work, despite the fact it was her day off, to sign a condolence card and contribute money for two employees who had lost family members. On February 26, 1999, Wright filed suit against Beverly Fabrics for negligence, based on injuries she received as a result of the incident on June 3, 1998. A week later, the company laid off Dan Rangle.
She was hurt holding up a shelf in an effort to protect the property of her employer, an activity reasonably contemplated by her employment. Rangle's former truck, which had a sleeper cab with a mattress that still smelled of Mr. On appeal, Wright argues the workers' compensation exclusive remedy rule does not apply, as she was on the premises to engage in a voluntary social activity that exempts her from workers' compensation benefits under Labor Code section 3600, subdivision a 9. Hudson decided to report this incident to upper management. He had consistently good evaluations and received regular pay raises. The court denied Beverly Fabrics' motion for summary judgment.