Labor & Employment Law

California Workers? Compensation Insurer and School District Immune From Liability For Video Taping Teacher At Her Wedding

By Harvey Randall, Esq.

Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/ Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.

Richardson-Tunnell v. School Insurance Program, ___Cal. App. 4th ___(Cal. App. 2 Dist. Dec. 17, 2007), is an interesting California appellate decision. The court held that a workers compensation insurer and a school district were immune from suit for videotaping a teacher at her wedding and honeymoon. The surveillance was investigatory and within the course of the teachers employment since she filed a Workers? Compensation claim.

The teacher had brought suit under California law for invasion of privacy. However, California law also provided governmental immunity for the institution or prosecution of judicial or administrative proceedings.

This decision is worth a read. Only in California.

Mitchell H. Rubinstein

Full post as published by New York Public Personnel Law on January 22, 2008 (boomark / email).