I Walked Out Into West, Texas

By Stephen C. Embry, Esq. On April 17, 2013 an explosion at the West Chemical and Fertilizer Co., registering 2.1 on the Richter scale, leveled the plant and much of the surrounding town of West, Texas. The explosion was so powerful and destructive that it created a cloud of confusion as well as a...

Larson’s Spotlight on Recent Cases: Intentional Tort for Grain Bin Death Barred by Exclusive Remedy

Larson's Spotlight on Exclusive Remedy, Mental Injury, Traveling Employee, and Undocumented Worker. 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. ...

California Workers’ Compensation Case Roundup (July 8, 2013)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 6 June 2013 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2013 LexisNexis. All rights...

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...

Larson’s on the Farm Labor Exemption in Workers’ Compensation

Sixteen states generally exclude farm or agricultural labor.[fn1] The particular conditions limiting agricultural coverage vary widely, sometimes excluding employees with less than a certain amount of earnings, sometimes exempting casual or seasonal labor, sometimes excluding family members, and so on...

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...

Missouri: Exclusive Remedy Does Not Apply to Occupational Disease Claims

Agreeing with the appellate court for the state’s Western Division which, in a split decision, had held that the exclusivity provisions of § 287.120 RSMo do not apply to occupational disease claims [ State ex rel. KCP & L Greater Mo. Operations Co. v. Cook , 353 S.W.3d 14 (Mo. App. W.D...

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...

intentional accidental road sign

exclusive remedy rule

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...

PA: Where Occupational Disease Is Manifested Outside 300-Week Prescription Period, Civil Action Against Employer Is Not Barred by Exclusivity

In a split decision, the Supreme Court of Pennsylvania recently held that claims for an occupational disease, in this case mesothelioma resulting from asbestos exposure, which manifested outside the 300-week period prescribed by the Workers' Compensation Act (WCA), 77 Pa. Stat. Ann. § 411(2...

Federal: Employer Might Be Estopped From Arguing Exclusivity

Construing Florida law, the 11th Circuit Court of Appeals recently held that a federal district court improperly granted a former employer summary judgment in a civil action filed against the former employer by a former employee who contended her shoulder condition, which developed over the 21 years...

North Carolina: Inmate-Barber’s Tort Claim Related to Assault by Fellow Prisoner Is Barred by Exclusivity

The Court of Appeals of North Carolina recently held that a state prisoner, who worked in the prison barber shop, may not maintain an action under the state’s Tort Claim Act against the Department of Public Safety for negligently failing to restrain a high-security inmate who punched the plaintiff...

Federal: Tennessee Employee May Not Sue Statutory Employer for Work-Related Injury

Noting that Tennessee courts have held that the exclusive remedy rule protects statutory employers from tort claims by employees of their subcontractors for injuries covered by the Tennessee workers' compensation act, even if the immediate employer pays the entire workers' compensation claim...

California Workers’ Comp Case Roundup (9/11/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 8 August 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

New Jersey: Golf Course Superintendent’s Tort Action for Bunkhouse Injury Barred by Exclusivity

Applying Professor Larson’s three-part test for assessing whether a special employee relationship has formed, a New Jersey appellate court found that a golf course superintendent was the employee of both a management company that operated a golf club and the golf club itself. Accordingly, the exclusive...

Arkansas: Special Employer Enjoys Exclusive Remedy Defense in Wrongful Death Action Filed Against It

An Arkansas appellate court held that the state’s Workers’ Compensation Commission did not err when it determined that a deceased worker was the defendant-company’s “special” employee since, at the time of the worker’s fatal injury, the defendant-company had the right...

Florida: Injured Worker May Not Rely on Affidavit to Contradict Her Own Prior Testimony to Defeat Summary Judgment Motion

A Florida appellate court affirmed a trial court’s decision granting summary judgment in favor of a defendant that claimed it was immune from suit under the exclusive remedy provisions of the Florida Workers’ Compensation Act because the plaintiff was its borrowed employee. The plaintiff...

Federal: California Plaintiff’s IIED Claim Barred by Exclusive Remedy Provisions of State Law

A Federal district court in California granted an employer’s motion for summary judgment on exclusive remedy grounds as to one count of plaintiff’s complaint that alleged an intentional infliction of emotional distress (“IIED”) claim following plaintiff’s termination of...