Through investigation and extensive discovery, it was learned that the plaintiffs initially opened a workers’ compensation claim for the incident but decided not to continue with providing the appropriate information to pursue the claim.
Los Angeles, Calif. (August 25, 2025) - Los Angeles Partner Heather Hamby and Orange County Partner Steven Gatley recently secured summary judgment in favor of an owner, property developer and project holding company, in a wrongful death lawsuit involving a construction project incident. The Los Angeles Superior Court judge found that there were no triable issues of fact concerning whether or not workers’ compensation coverage would cover the incident.
The lawsuit involved the claims of three plaintiffs, the children and dependents of the decedent, who alleged that the defendants were liable for the severe jobsite injuries and eventual death of their father from the injuries when lumbar beams fell on him while he was working at defendants’ jobsite. The plaintiffs argued that the workers’ compensation exclusivity doctrine did not apply to the workplace incident because the decedent was an independent contractor. They argued that the decedent used his own tools at work, was not paid through payroll, and that there was no workers’ compensation coverage available because it was initially denied when the claim was opened.