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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...

Review of 2011 Texas Legislature 82R House Bills and Senate Bills

By Stuart D. Colburn, Shareholder, Downs Stanford The 2011 Legislature considered 46 bills directly affecting and 12 (depending on how you count) bills indirectly affecting workers’ compensation. The following is a review of the 12 bills sent to the Governor for his consideration. [An Update...

New York: Employer of Undocumented Alien Still Enjoys Exclusivity in Third-Party Action Claiming Indemnification or Contribution

A New York appellate court recently held that an employer does not forfeit the exclusivity defense in third-party actions for indemnification or contribution filed against it on the basis that the employer hired an undocumented alien. The third-party plaintiff contended that the employer should not be...

New York: Significant Injury to Hand Does Not Constitute, However, “Grave Injury” Under § 11

In New York, a defendant sued in tort by an injured worker may seek contribution and/or indemnification from the employer if, among other things, the worker sustained a “grave injury” as defined by N.Y. Work. Comp. Law § 11. A state appellate court held that a third-party complaint should...