Olivear V. Oliver Case Brief

Words: 586
Pages: 3

In Oliver v. Brock, what factors did the court consider most significant in determining whether Dr. Brock had a contractual relationship with Miss Oliver? There was no physician-patient relationship between Dr. Brock and Miss Oliver. Dr. Whitfield, who was Oliver’s physician, and treated her for injuries that she received from an accident. Furthermore, Dr. Whitfield telephoned Dr. Brock, for his opinion in another patient’s treatment. During the phone call, Dr. Whitfield, casually asks Dr. Brock, his opinion in the treatment of Oliver. Dr. Brock never saw or even heard of the patient’s name, Anita Oliver.
Why are workers’ compensation benefits the sole remedies for workplace injuries of employees, as evidenced by Guy v. Arthur H. Thomas Co.?
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The employee has 100% of all the medical and rehabilitative expenses paid, without any burden laid on the employee. There are two parts of workers’ compensation coverage. The first part is statutory compensation; the employee wages are covered, and often based on a percentage of the income at the time the claim. The Second part is the employer liability coverage, usually occurs, when there is negligence on the part of the employer. The workers’ compensation laws do not allow any actions to be brought against the co-workers, who caused the injury. The exclusive remedy of the workers’ compensation is only available to the injured employee.
Explain why a case alleging a breach of contract, such as Guilmet v. Campbell, might be easier to prove than a standard case alleging