2802. Fraudulent Concealment of Injury Essential Factual Elements

2802. Fraudulent Concealment of Injury--Essential Factual Elements (Lab. Code, § 3602(b)(2)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she/[name of decedent]] was harmed because [name of defendant] fraudulently concealed the fact that [name of plaintiff/decedent] had been injured on the job. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. That [name of plaintiff/decedent] was injured on the job; That [name of defendant] knew that [name of plaintiff/decedent] had suffered a job-related injury; That [name of defendant] concealed this knowledge from [name of plaintiff/decedent]; and That [name of plaintiff/decedent]'s injury was made worse as a result of this concealment. If [name of plaintiff] establishes this claim, [he/she] must prove the total damages caused by the injury. [Name of defendant] must prove the damages that [name of plaintiff/decedent] would have sustained even if [name of defendant] had not concealed the injury. [Name of plaintiff] is entitled to recover the difference between the two amounts. ________________________________________________________________________________ New September 2003