LexisNexis® Legal Newsroom
Larson’s Spotlight on Recent Cases: Gratuitous Furnishing of Company Truck

Larson's Spotlight on Company Truck and Employee Travel, Wrongful Death, Minimal Income, 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...

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: High Threshold Exists to Stay Payment of Future Medical Benefits

Larson's Spotlight on Future Medical Benefits, Employee Status, Retaliatory Discharge, and Disfigurement. 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: Disabled Officer Failed to Disclose Status as Horse Trainer

Larson's Spotlight on Fraud, Attorney's Fees, Retaliatory Discharge, and Going and Coming. 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: Surveillance Video Rejected When Not Disclosed to Claimant Prior to Testimony

Larson's Spotlight on Surveillance, Workers' Comp Insurance, Retaliatory Discharge, and Reduction of 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...

Alabama: Former Employer’s Contention That It Fired Employee for Wielding a Gun Rather Than for Filing Comp Claim Found Lacking

The Supreme Court of Alabama recently reversed a decision by the state’s Court of Civil Appeals that had, in turn, reversed a judgment entered on a jury verdict in favor of a former employee who filed a retaliatory discharge action against his former employer. The Court of Civil Appeals determined...

Federal: Retaliatory Discharge Action Not Dependent Upon CBA

The 7th Circuit Court of Appeals recently held that a former employee's state court, state-law, retaliatory discharge claim under the Illinois Workers' Compensation Act (IWCA), was not a “disguised action under the Labor Management Relations Act, 29 U.S.C.S. § 185, so as to allow removal...

UT: Comp Claim Need Not Be Filed Before Termination to Support Retaliatory Discharge Action

An appellate court in Utah recently reversed a trial court’s decision that had granted summary judgment to an employer in a retaliatory discharge action, holding that an employee had stated a cause of action in spite of the fact that his termination was eight months prior to the filing of his workers’...

TX: Court Affirms Retaliatory Discharge Judgment

A Texas appellate court recently affirmed a judgment on a jury verdict of more than $100,000 in favor of a former employee who filed a retaliatory discharge action against the former employer. The employer contended the employee was terminated pursuant to a “uniformly enforced, cause-neutral absence...

Federal: Former Employee’s Retaliatory Discharge Action for Refusing Drug Test Associated with Comp Claim Fails

The Seventh Circuit Court of Appeals recently held that a federal district court’s summary judgment in favor of a former employer was appropriate in a discharged employee’s retaliatory discharge action, arising from the latter’s refusal to take a drug test upon his initiation of a workers’...

Missouri Supreme Court Eases Burden Of Proof For Retaliatory Discharge Claims

The Supreme Court reversed 16 years of precedent on a worker’s burden of proof to establish retaliatory discrimination after exercising his rights under the Missouri Worker’s Compensation Act. A worker no longer has to show that discrimination was an exclusive factor in a termination but...

Federal: Work Comp Insurance Adjuster’s Retaliatory Discharge Action Fails When Investigation Shows She Padded Resume and Exaggerated Employment Experience

The Sixth Circuit Court of Appeals has affirmed a decision by a federal district court granting summary judgment in favor of an insurance company/employer sued for retaliatory discharge by a disgruntled claims adjuster, who contended she was improperly fired after she filed a workers’ compensation...

WCRI Identifies Trust in the Workplace as a Key "Predictor" of Outcomes Important to Injured Workers

Thomas A. Robinson, J.D., the Feature National Columnist of the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers' compensation State Workers’ Comp Acts: Are They Effective? How does a state legislature determine if its workers’...

Tennessee: Undocumented Worker May Pursue Retaliatory Discharge Action

A Tennessee appellate court has held that an undocumented worker has standing to pursue a retaliatory discharge claim against an employer in spite of the fact that he or she may not be able to return to any job at all. Quoting Larson’s Workers’ Compensation Law , § 66.03 to the effect...

Texas: Court Agrees That Worker Was Fired For Refusing Drug Test, Not Contemplating Workers’ Comp Claim

A Texas appellate court affirmed summary judgment in favor of a former employer in a retaliatory discharge case filed against it by a worker who was terminated when he refused to take a drug test following a collision between the worker’s truck and another driven by a co-worker. The worker contended...

Nebraska: Surveillance Video Dooms Deputy Sheriff’s Retaliatory Discharge Case

Surveillance video that showed a deputy sheriff—while he was being paid workers’ compensation disability benefits—operating a pickup truck with a snowplow attached for some five hours and that also showed the deputy twisting his head and neck to check for oncoming traffic during that...

Ohio: Court Eases Proof Requirements Related to Retaliatory Discharge Actions

An Ohio appellate court has indicated that former court decisions, including at least one by the state’s Supreme Court, should not be read as requiring a former employee to prove, as the first of three required elements of a retaliatory discharge claim, that he or she had suffered a workplace injury...

Federal: Illinois Employer May Not Require Notice Prior to Medical Treatment

The Illinois Workers’ Compensation Act grants an injured worker the right to seek medical care prior to notifying the employer of the workplace injury or condition, even where the employer has a known employment policy regarding such notification, held an Illinois court. Accordingly, an employer’s...

Pennsylvania: Retaliatory Discharge Rules Apply Where No Claim Was Filed, But Where Employer Provided Payment in Lieu of Compensation

A former employee alleging a claim for wrongful discharge in violation of the public policy embodied in Pennsylvania’s Workers’ Compensation Act ("the Act) need not show that a claim petition was actually filed with the Workers’ Compensation Bureau; it is sufficient for the former...

2014 Workers’ Compensation Emerging Issues

The new edition of Workers’ Compensation Emerging Issues Analysis (LexisNexis) is a veritable cornucopia of expert analysis, provocative commentary, and a 50 state survey of workers’ compensation legislation in 2014 As with last year’s inaugural edition, the 2014 Larson Series Workers’...

Illinois: Where Trier of Fact Believes Employer’s Non-Pretextual Reason for Discharge, Employee Fails to Carry His or Her Burden of Proof

The Supreme Court of Illinois held that in a retaliatory discharge action, the burden of proof is on the discharged employee to show that the employment was terminated and that the termination was in retaliation for the employee’s actions, that if an employer provides a reason for the employee’s...

Florida: Arbitration Clause in Employment Contract Binding in Former Employee’s Retaliatory Discharge Claim

An employment agreement that required arbitration of all employment disputes between a staffing company and a truck driver did not violate public policy by requiring that the driver’s claim of retaliatory discharge be submitted to arbitration, rather than be determined by a court, held a Florida...

Michigan: No Retaliatory Discharge Where Injured Employee Left Work Without Appropriate Excuse

In an unpublished decision, a Michigan appellate court affirmed a trial court’s grant of summary judgment favoring an employer in an injured worker’s retaliatory discharge action, finding that plaintiff could not make the requisite showing of a causal connection between the protected activity—seeking...

Federal: Kentucky Retaliatory Discharge Claim Not Removable to Federal Court

A Kentucky plaintiff’s claim for retaliatory discharge arises under Kentucky’s workers’ compensation statutes, specifically Ky. Rev. Stat. § 342.197 and is nonremovable pursuant to 28 U.S.C. § 1445(c), held a federal district court. Citing earlier decisions, the court said...

Ohio: Fired Employee Establishes Factual Issue as to Whether Employer’s Reasons Were Pretextual

An Ohio appellate court has reversed, in part, a trial court’s decision granting summary judgment to a defendant-employer in a retaliatory discharge action filed against it by a former employee, finding that there was an issue of fact as to whether the proferred reason for terminating the plaintiff...