Summary Judgment for Worker’s Compensation Insurer Affirmed

In Fu v. Owens, No. 09-2489, an action against a worker’s compensation insurance carrier, claiming that it wrongfully denied plaintiff’s claim for benefits due to a coworker’s attack upon her, the court affirmed summary judgment for defendants where 1) although the record reflects that the coworker may have harbored racial animus toward plaintiff, it also reflects that she disliked plaintiff for specific, work-related reasons such as plaintiff reporting her allegedly inferior job performance to clinic supervisors; and 2) plaintiffs failed to provide substantial justification for failing to timely disclose a witness’s affidavit nor have they demonstrated that such failure is harmless.

Related Resources

  • Full Text of Fu v. Owens, No. 09-2489

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