Workers' Compensation

Recent Posts

PA: Where Occupational Disease Is Manifested Outside 300-Week Prescription Period, Civil Action Against Employer Is Not Barred by Exclusivity
Posted on 27 Nov 2013 by Larson's Spotlight

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... Read More

North Carolina: Inmate-Barber’s Tort Claim Related to Assault by Fellow Prisoner Is Barred by Exclusivity
Posted on 10 Jan 2014 by Larson's Spotlight

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... Read More

Larson’s Spotlight on Recent Cases: Exclusive Remedy Defense Stands In Spite of Less than “Adequate” Recovery
Posted on 11 Oct 2012 by Larson's Spotlight

Larson's Spotlight on Exclusive Remedy, Co-Employee Exclusivity, Psychiatric Condition, and Violation of Safety Rule. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Mississippi: Employee’s Tort Action Against Law Firm for Exposure to Toxic Mold Fails
Posted on 13 Sep 2013 by Larson's Spotlight

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... Read More

MO: Western District Announces 'Open Season' On Employers
Posted on 15 Sep 2011 by Martin Klug

Just when Missouri business was feeling good about things after comp reform, the court of appeals has now announced open season and allows claimants with occupational disease cases to go after their employers in circuit court instead of comp. State ex... Read More

Federal: Tennessee Employee May Not Sue Statutory Employer for Work-Related Injury
Posted on 24 Jan 2014 by Larson's Spotlight

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... Read More

Larson’s Spotlight on Recent Cases: Civil Action Against Supervisor Moves Forward
Posted on 8 Jun 2012 by Larson's Spotlight

Larson's Spotlight on Civil Action Against Co-Employee, Exclusive Remedy, Volunteer Status, and Causation Involving Fatal Overdose. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer... Read More

WV: Intentional Tort Exception to Exclusivity Applies to Employers Only, Not Co-Employee Supervisors
Posted on 8 Nov 2013 by Larson's Spotlight

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... Read More

New York: Removal of Safety Screen Was Insufficient to Support Intentional Tort
Posted on 23 Aug 2013 by Larson's Spotlight

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... Read More

Larson’s Spotlight on Recent Cases: Injured Worker May Not Pursue Double Recovery Against Uninsured Employer
Posted on 19 Jan 2012 by Larson's Spotlight

Larson's Spotlight on Election of Remedy, Exclusive Remedy, Withdrawal From Workforce, and Deviation From Employment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

The Resiliency of the Exclusive Remedy Rule
Posted on 10 Dec 2012 by Thomas A. Robinson

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... Read More

WY: Employee’s Intentional Tort Action Against Co-Employees Fails
Posted on 18 Oct 2013 by Larson's Spotlight

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... Read More

Larson’s Spotlight on Recent Cases: Estate Administrator May Not Sue Employer Over Employment-Related Fatal Shooting
Posted on 17 Aug 2012 by Larson's Spotlight

Larson's Spotlight on Exclusive Remedy, Notice of Injury, Claimant's Testimony, and Death Benefits. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More

Larson’s Spotlight on Recent Cases: Non-Dependent Spouse Precluded From Death Benefits and Barred From Bringing Death Claim
Posted on 15 Jun 2012 by Larson's Spotlight

Larson's Spotlight on Non-Dependent Spouse and Death Benefits, Fraud and Surveillance Video, Tort Action Against Sole Proprietor, and Statute of Limitations for PTSD Claim. Larson's surveys the latest case developments that you need to know about... Read More

Larson’s Spotlight on Recent Workers’ Comp Cases: Self-Insured Gets Hit in Blind Spot With Liability for Uninsured Motorist Benefits
Posted on 15 Dec 2011 by Larson's Spotlight

Larson's Spotlight on Uninsured Motorist, Dual Persona, Compulsory Coverage, and Misrepresentation Defense. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More