LexisNexis® Legal Newsroom
Five Recent Cases You Should Know About (3/4/2011)

Larson's Spotlight on Employee Status, Street Risk Doctrine, Course and Scope of Employment, Recklessness by Employee, and Tort Action. 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 Cases You Should Know About (3/11/2011)

Larson's Spotlight on MRSA Infection, Exposure to Chemical Cloud, Psychological Injury, Tort Action, and Employment Contract. 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 (5/6/2011)

Larson's Spotlight on Tort Action, Traveling Employee, Third Party Complaint Against Co-Worker, Causal Connection, 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...

Five Recent Workers’ Comp Cases You Should Know About (7/15/2011) – Truck Driver’s Tort Action For Fall From Employer’s Helicopter While Deer Netting In Mexico Survives Summary Judgment

Larson's Spotlight on Tort Action, Lost Wages, Rehire, Employment Status, and Rehabilitation Benefits. 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....

Five Recent Workers’ Comp Cases You Should Know About (11/4/2011) – Injured Worker's Tort Action Against Landlord Corporation Closely Related to Her Tenant Employer May Move Forward

Larson's Spotlight on Tort Action, Retaliatory Discharge, Black Lung, Disqualification From Benefits, and Loss of Wage Earning Capacity. 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: Non-Dependent Spouse Precluded From Death Benefits and Barred From Bringing Death Claim

Larson's Spotlight on Non-Dependent Spouse and Death Benefits, Fraud and Surveillance Video, Tort Action Against Sole Proprietor, and Statute of Limitations for PTSD Claim. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's...

Larson’s Spotlight on Recent Cases: Non-Dependent Spouse Precluded From Death Benefits and Barred From Bringing Death Claim

Larson's Spotlight on Non-Dependent Spouse and Death Benefits, Fraud and Surveillance Video, Tort Action Against Sole Proprietor, and Statute of Limitations for PTSD Claim. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's...

Larson’s Spotlight on Recent Cases: Survivors of Deceased Employee Allowed to Bring Tort Action Against Uninsured Employer

Larson's Spotlight on Tort Action Against Uninsured Employer, Illegal Aliens, Benefits for Old Workers, and Non-Dependent Spouse. 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: Worker Awarded Additional Benefits When Retirement Not Voluntary

Larson's Spotlight on Retirement, Tort Action Against Carrier, Toxic Tort and Exclusive Remedy, and Snake Bite. 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...

The Resiliency of the Exclusive Remedy Rule

Thomas A. Robinson on the Resiliency of the Exclusive Remedy Rule for Workers' Compensation, 2012 Emerging Issues 6792 . This commentary highlights the important components of the workers' compensation exclusive remedy defense and its principle exceptions, and provides a framework within which...

Larson’s Spotlight on Recent Cases: Psychic Injury Need Not Be Immediately Apparent

Larson's Spotlight on Psychic Injury, Diversity Jurisdiction, Permanent Impairment, and Tort Action. 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. ...

Mississippi: Employee’s Tort Action Against Law Firm for Exposure to Toxic Mold Fails

The Supreme Court of Mississippi recently reversed a trial court’s denial of a law firm’s motion to dismiss a civil action filed against it and the firm’s individual partners (and others) by two former employees where the plaintiffs alleged, inter alia, battery and intentional infliction...

Illinois: “Dual Capacity/Persona” Tort Action Against Morgan Stanley Fails

Applying the state’s two-prong test to determine if the “dual capacity doctrine” could be utilized as an exception to the exclusive remedy provisions of the Illinois Workers’ Compensation Act, a state appellate court recently held that the surviving spouse of a deceased Morgan...

NJ: Informal Arrangement Between Father-Son Physicians Means Joint Employment for Purposes of Plaintiff’s Tort Action Against Son

In an unpublished opinion, a New Jersey appellate court recently affirmed in pertinent part a trial court’s grant of summary judgment in favor of a physician-defendant in a civil action for personal injuries filed against the physician by a woman who cleaned the building that the defendant owned...

Washington: Tasered Trooper’s Tort Action Against State Patrol Not Barred By Exclusive Remedy Rule

A Washington state appellate court held that the state’s exclusive remedy rule did not bar a trooper’s tort action alleging deliberate intentional infliction of “certain injury” sustained when he was “shot” with a Taser during police training. Denial of the state patrol’s...

Massachusetts: Insurer’s Lien Does Not Reach Injured Worker’s Damages for Pain and Suffering in Third-Party Action

Relying upon an earlier decision [(Curry v. Great Am. Ins. Co., 80 Mass. App. Ct. 592 (2011)], a Massachusetts appellate court held that the workers’ compensation insurer’s lien under G. L. c. 152, § 15, does not reach the damages for pain and suffering recovered by the injured worker...

Connecticut: “Payloader” Is Not Motor Vehicle for Purposes of Special Rule Allowing Tort Action Against Fellow Employee

Conn. Gen. Stat. § 31–293a creates several exceptions to the otherwise applicable rule that a workers’ compensation claim for benefits is the exclusive remedy that an employee may pursue against a fellow employee. One such exception allows the injured employee to proceed in tort against...

Ohio: Worker’s Intentional Tort Action Against Employer Fails

An Ohio appellate court agreed with a trial court that an employer could not be held liable, under an intentional tort theory, for serious injuries sustained by an employee who suffered amputation of both legs when two bundles of steel, each weighing over 5,000 pounds, fell on his legs and trapped him...

Pennsylvania: Claimant’s Contention That Third-Party Tort Action Settled for $1 Found Less Than Credible

A Pennsylvania appellate court agreed that a Workers’ Compensation Judge appropriately dismissed a claimant’s Review, Modification and Reinstatement Petitions and agreed that claimant could not recover workers’ compensation benefits because he failed to disclose to the employer or its...

Arizona: Injured Employee Must Exhaust Administrative Remedies Before Bad Faith Action Against Insurer

An injured worker who was receiving medical treatment expenses and TTD workers’ compensation benefits may not sue her employer’s insurance company for bad faith and to recover unpaid benefits and related damages without first challenging the carrier’s decision to terminate those benefits...

Federal: Plaintiffs’ Tort Action Against Employer Fails Where Injury Was Shown to Be “Substantially Certain,” But Washington State Law Required a Showing of Actual Certainty

Construing Washington state law, a federal district court has dismissed a civil action filed by an employee and his spouse against an employer that alleged the employer had actual knowledge that prolonged exposure to alumina caused illness to the lungs and heart based on the employer’s international...

New Jersey: Court Crafts Instructions to Allow Employer’s Participation in Tort Action Where Contractual Indemnification Is an Issue

Where the general contractor on a construction project had been sued in tort by the estate of a subcontractor’s employee and, in turn, the general contractor claimed it was entitled to contractual indemnification from the deceased employee’s employer, it was not error for the trial court...