LexisNexis® Legal Newsroom
Five Recent Cases You Should Know About (5/23/2010)

Larson’s Spotlight on Exclusivity/Slip & Fall Injury, Ex Parte Communication, Cancellation Notice, Hostages in Prison Break, and Fraud. 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 Cases You Should Know About (7/4/2010)

Larson’s Spotlight on Preferred Provider Organizations, Recreational Event, Mental-Mental Injuries, and Tactical Delays. 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...

NV: Court Dismisses Stone River (formerly WorkingRx) 3rd Party Collections Claims

LAS VEGAS, NV – In tort actions dating back to October 12, 2005, fought by ScripNet in Nevada Federal Court, Texas Federal Court, Texas State District Court, and the Texas State Court of Appeals, and following victories by ScripNet in each of the four jurisdictions, all claims against ScripNet...

Illinois: “Traveling Employee” Rule Relates to Comp Cases Only; May Not Be Extended to Tort Law

An Illinois appellate court recently held that workers’ compensation law’s “traveling employee” doctrine may not be extended into the tort law arena so as to support a claim that an employer was liable, upon respondeat superior grounds, for the alleged negligence of a “traveling...

Use of Workers’ Comp Doctrines Within Tort Arena: Borrowed Legal Doctrines Don’t Really Fit

Attention Lexis Online Subscribers: Citations below link to lexis.com. Bracketed citations link to Lexis Advance . During a conversation years ago with my mentor and friend, Arthur Larson, I asked him if there were special challenges in teaching workers’ compensation law. Arthur allowed that...

California: Worker’s Tort Action Utilizing California’s “Power Press” Exception to Exclusivity Fails

A California appellate court recently affirmed a trial court’s summary judgment favoring an employer in an intentional tort action filed by an employee who sustained severe injuries while loading material onto a die in a power press. The employee contended that she could recover under Cal. Labor...

Missouri: Court Rejects Independent Tort Claim For Not Paying Comp Awards

A worker who has a dispute about collecting a worker's compensation award must rely upon civil remedies and does not have an independent tort claim to recover punitive damages and pain and suffering, according to a new decision from the court of appeals. Deane v Missouri Employers Mutual Ins. Co...

Utah: Widow’s Tort Case Against Co-Worker Barred under Special Errand Rule

The Supreme Court of Utah affirmed a trial court’s determination that fatal injuries sustained in a vehicular accident involving an automobile being driven by the decedent’s co-worker, Giguere, and in which the decedent was a passenger were sustained in the course and scope of the employment...

California: In-Home Caregivers May Not Sue Unruly Alzheimer’s Patients in Tort; Sole Remedy is Workers’ Compensation

The Supreme Court of California, in a split decision, held that in-home caregivers may not maintain civil actions against their Alzheimer’s patients if, because of the sometimes unruly nature of the patients, the caregiver is assaulted and injured in the course of the employment. Acknowledging...

Indiana: Temporary Worker’s Tort Suit Against Employer To Whom He or She is Assigned Held Barred

Citing earlier precedent from the state’s Supreme Court, the Court of Appeals of Indiana held that for purposes of the Workers’ Compensation Act a “leased” or temporary employee is generally considered the joint employee of both the “lessor” and “lessee,”...