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Five Recent Cases You Should Know About (6/20/2010)

Larson’s Spotlight on Asbestos, Intentional Tort, Challenging Compensability, Interpreter Services, and Job Firing. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s Workers’ Compensation Law , has compiled...

Five Recent Cases You Should Know About (7/30/2010)

Larson's Spotlight on Mental Injury, Attorney's Fees, Death Benefits, Intentional Tort, and Statute of Limitations. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

Five Recent Cases You Should Know About (10/15/2010)

Larson's Spotlight on Nocturnal Seizure, Intentional Tort, Heart Disease, Credit Against Disability Retirement Benefits, and Post Traumatic Stress Disorder. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'...

Five Recent Workers’ Comp Cases You Should Know About (6/24/2011) – Truck Driver's Intentional Tort Against Employer For Injuries From Faulty Brakes Fails

Larson's Spotlight on Intentional Tort, CMS Delay in Payment, Jurisdiction for Out of State Injury, Scheduled Injury, and Hydrotherapy Tub. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...

Five Recent Workers’ Comp Cases You Should Know About (10/29/2011) – No Benefits for Worker When Her Foot Slipped Off Sandal

Larson's Spotlight on Intentional Tort, Out-of-State Worker, Slip and Fall, Court-Appointed Counsel, and Workers’ Comp Fraud . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law,...

Five Recent Workers’ Comp Cases You Should Know About (10/29/2011) – No Benefits for Worker When Her Foot Slipped Off Sandal

Larson's Spotlight on Intentional Tort, Out-of-State Worker, Slip and Fall, Court-Appointed Counsel, and Workers’ Comp Fraud . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law,...

Larson’s Spotlight on Recent Cases: After 2010 Oklahoma Statutory Amendment, “Substantially Certain” Doctrine No Longer May Be Utilized to Establish Intentional Tort Claim Against Employer

Larson's Spotlight on Intentional Tort, Increased Risk Doctrine, Job Termination, and Independent Contractor. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list...

Larson’s Spotlight on Recent Cases: Restaurant Waiter’s Choking on Quesadilla Was Not Actual Risk of Employment

Larson's Spotlight on Risk of Employment, PTSD claim, Intoxication Presumption and Marijuana, and Tort Action Against Employer. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has...

Larson’s Spotlight on Recent Cases: Claimant’s Right to Record Independent Medical Examination

Larson's Spotlight on Independent Medical Examination, Intoxication, Intentional Tort, and Defense Base Act. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

Larson’s Spotlight on Recent Cases: Injury From Riding Escalator Rail

Larson's Spotlight on Traveling Employee, Special Employer, Intentional Tort, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

Larson’s Spotlight on Recent Cases: Attorney Fees and the Common Fund Doctrine

Larson's Spotlight on Attorney Fees, Venue, Intentional Tort, and Refusal of Light Duty. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. NE: Worker's...

Larson’s Spotlight on Recent Cases: Attorney Fees and the Common Fund Doctrine

Larson's Spotlight on Attorney Fees, Venue, Intentional Tort, and Refusal of Light Duty. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. NE...

Larson’s Spotlight on Recent Cases: Larson’s May Interpret Law, But Can’t Supplant Text of Statute

Larson's Spotlight on Statutory Interpretation, Credit for Pension Benefits, Intentional Tort, and Substantially Certain Rule. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

Larson’s Spotlight on Recent Cases: Extended Premises Doctrine Applied to Slip and Fall Case

Larson's Spotlight on Premises Doctrine, Intentional Tort, Occupational Disease, and Covered Situs. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. ...

Larson’s Spotlight on Recent Cases: Claimant Cannot “Swap Horses Between Courts”

Larson's Spotlight on AOE/COE, Idiopathic Fall, Unwitnessed Death, and Intentional Tort. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. LexisNexis...

Connecticut: Supervisor’s Actions Did Not Support Intentional Tort Action; Supervisor Not Alter Ego of Employer

The Supreme Court of Connecticut recently affirmed a trial court’s Order granting summary judgment in favor of an employer in a civil action alleging intentional tort filed against it by an injured employee in spite of the employee’s contentions that he had been told by his supervisor that...

Florida: Construction Worker’s Intentional Tort Action Fails Under “Virtually Certain” Standard

Construing the state’s intentional tort exception to workers' compensation immunity (§ 440.11(1)(b), Fla. Stat.), a Florida appellate court recently affirmed a trial court’s entry of final summary judgment in favor of plaintiff’s statutory employer. The court indicated the...

New York: Removal of Safety Screen Was Insufficient to Support Intentional Tort

A divided New York appellate court, applying the exclusive remedy provisions of the New Jersey Workers’ Compensation Act—the employee’s injury occurred there—recently held that a trial court properly granted summary judgment to an employer in an employee's action under intentional...

WY: Employee’s Intentional Tort Action Against Co-Employees Fails

As noted in Larson’s Workers’ Compensation Law , §§103.03, 103.04, when construing the intentional tort exception to a state’s Workers’ Compensation Act, most jurisdictions say “intent means intent,” that nothing short of a conscious and deliberate intent...

WV: Intentional Tort Exception to Exclusivity Applies to Employers Only, Not Co-Employee Supervisors

Answering a certified question presented by a U.S. District Court (S. D. W. Va.) regarding whether a “deliberate intent” cause of action pursuant to W. Va. Code § 23–4–2(d)(2)(ii) may be brought against a non-employer “person,” such as a supervisor or co-employee...

The Top 10 Bizarre Workers' Comp Cases for 2013

© Copyright 2014 LexisNexis. All rights reserved. For reprint permission, contact Robin.E.Kobayashi@lexisnexis.com . During the past several Januarys, I’ve shared with readers my annual list of bizarre workers’ compensation cases for the prior year. In doing so, I reenact, in part...

Ohio: Intentional Tort Action Against Employer Fails

An Ohio appellate court has affirmed a trial court’s summary judgment decision in favor of an employer in an injured employee’s intentional tort claim, agreeing with the trial court that the employee failed to show the employer intended to cause the employee injury. The employee lost his...

Louisiana: $13 Million Intentional Tort Verdict and Judgment Overturned as to Statutory Employer

Reversing a judgment rendered in favor of plaintiffs after an eight-day trial in which the jury in relevant part found a general contractor liable to its statutory employee for an “intentional act,” a Louisiana appellate court ruled that the contractor’s actions in connection with the...