South Carolina Worker Recovers for Injuries Under "Bunkhouse" Rule

A migrant worker sustained a right ankle fracture when he fell on a wet sidewalk outside housing provided by his employer at a remote farm on St. Helena Island, South Carolina. The worker hadn't actually started work for the employer, having been hired earlier on the day of his fall. The housing...

Exclusive Remedy Bars Contribution Claim, But Not Indemnification Claim

An employer ("the employer") determined that it should install special safety mats around a shear cutting machine to eliminate hazards presented when a worker stood too close to the machine. The safety mats functioned by shutting the cutting machine down when a certain amount of pressure was...

Municipality Not Entitled to Reimbursement for Workers' Comp Outlay When Firefighter Injured Assisting Another Town's Fire Department

In May 2004, a significant fire broke out within a complex of apartments and condos in West Hartford. The West Hartford fire department responded to the call and soon realized that the size and ferocity of the blaze was beyond its resources. The officer on the scene requested assistance from the City...

Brucellosis Contracted at Slaughter House Was Injury, Not Occupational Disease

Burress worked at IBP's meat-packing plant from 1987 until 1997. His first few years of work involved significant contact with hogs and hog blood and on at least one occasion during that early time frame, he cut a finger while working with the hogs. During his last eight years of work he worked in...

Injured Workers Beware: Hidden Danger in Concurrent Employment in States That Refuse to Combine Concurrent Wages in Computing Average Weekly Wage

A close friend of our youngest child (age-25) recently repeated a quip that I first heard years ago, during the “stagflation” of the late 1970s. Our son’s friend, who holds a degree from a respected North Carolina university, but who has not been able to land a permanent position with...

WCRI Releases Annual Study Highlighting Impact of the 2007 Workers’ Compensation Reforms in New York

Introduction In December 2011, the Workers’ Compensation Research Institute [Cambridge, MA] (“WCRI”) published its fourth annual report evaluating the effects of the so-called workers’ compensation “reforms” passed unanimously by the New York Assembly and Senate...

Statutory Presumptions of Intoxication and Drug Use Don’t Always Ensure an Easy Win for Employers

By Thomas A. Robinson At the heart of the workers’ compensation bargain is the essential doctrine that employee fault should generally not be considered when determining the compensability of the employee’s claim. Indeed, as Dr. Larson has so skillfully written: “Misconduct of the...

Divided Sixth Circuit Court Delivers Body Blow to Michigan’s Continuing Battle Regarding RICO Claims and Comp Exclusivity

By Thomas A. Robinson A divided Sixth Circuit Court of Appeals, in Brown v. Cassens Transp. Co. , 2012 U.S. App. LEXIS 6929 (6th Cir. Apr. 6, 2012), has again reversed the dismissal of plaintiff employees’ RICO action and remanded it to the United States District Court for the Eastern District...

Oklahoma Opt Out Legislation Fails: A Post Mortem

By Thomas A. Robinson Late last Wednesday evening (April 25th), supporters of a controversial bill that would have allowed some Oklahoma employers to “opt out” of the state’s traditional workers’ compensation system [ see Oklahoma House Bill 2155 ] fell short of having sufficient...

Texas Court Ties Injured Worker’s Drug Overdose to Side Effects of Prescription Pain Medication

It is axiomatic in workers’ compensation law that a subsequent injury, whether an aggravation of the original injury or a new and distinct injury, is compensable if it is the direct and natural result of a compensable primary injury [see Larson’s Workers’ Compensation Law , § 10...

National Workers’ Compensation & Disability Conference: A Special Benefit for LexisNexis Workers’ Compensation Law Community Members

LexisNexis has partnered with the National Workers' Compensation & Disability Conference ® ! Join your fellow LexisNexis Workers' Compensation Law Community members at this year’s National Workers' Compensation & Disability Conference ® , November 7 - 9 at the Las...

The Future of Exclusive Remedy: Does the Doctrine Still Protect Employers?

At the 21st Annual National Workers’ Compensation and Disability Conference ®, Nov. 7-9, 2012, Thomas A. Robinson, author and primary upkeep writer for Larson’s Workers’ Compensation Law , will speak and moderate on The Future of Exclusive Remedy . Exclusivity: The Heart of...

National Workers’ Compensation & Disability Conference: A Special Benefit for LexisNexis Workers’ Compensation Law Community Members

LexisNexis has partnered with the National Workers' Compensation & Disability Conference ® ! Join your fellow LexisNexis Workers' Compensation Law Community members at this year’s National Workers' Compensation & Disability Conference ® , November 7 - 9 at the...

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...