Workers' Compensation

Recent Posts

Federal: Hospital Employee, Injured in Slip & Fall While Visiting Newborn Daughter, May Sue Employer in Tort
Posted on 21 Feb 2014 by Larson's Spotlight

Construing Massachusetts law, a federal district court recently denied an employer’s motion for summary judgment in a negligence action filed against the employer—a medical center—by an employee who slipped and fell on a wet floor in... Read More

Divided Sixth Circuit Court Delivers Body Blow to Michigan’s Continuing Battle Regarding RICO Claims and Comp Exclusivity
Posted on 12 Apr 2012 by Thomas A. Robinson

By Thomas A. Robinson A divided Sixth Circuit Court of Appeals, in Brown v. Cassens Transp. Co. , 2012 U.S. App. LEXIS 6929 (6th Cir. Apr. 6, 2012), has again reversed the dismissal of plaintiff employees’ RICO action and remanded it to the United... Read More

California Workers’ Comp Case Roundup (9/8/2012): Loss of Consortium Claim Barred Under Exclusive Remedy Rule
Posted on 8 Sep 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 8 August 2012 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... Read More

Federal: Since Contractor Was Required to Insure, Federal Government Was Immune From Tort Action
Posted on 20 Sep 2013 by Larson's Spotlight

Affirming a decision of a federal district court, the Fifth Circuit Court of Appeals recently held that the United States could assert the exclusive-remedy provision of the Texas Workers’ Compensation Act [Tex. Lab. Code § 408.001(a)] against... Read More

Missouri: Court Rejects Co-employee Liability in Wrongful Death Claim
Posted on 3 Jul 2012 by Martin Klug

Many Missouri employees have been dragged in court recently regarding workplace injuries following a landmark 2010 case Robinson v Hooker , 323 S.W.3d 418 (Mo. App. W.D. 2010), which concluded the exclusive remedy of the Missouri workers’ compensation... Read More

The Future of Exclusive Remedy: Does the Doctrine Still Protect Employers?
Posted on 31 Aug 2012 by Thomas A. Robinson

At the 21st Annual National Workers’ Compensation and Disability Conference ®, Nov. 7-9, 2012, Thomas A. Robinson, author and primary upkeep writer for Larson’s Workers’ Compensation Law , will speak and moderate on The Future of... Read More

Missouri: Court Keeps Civil Case Alive for Work-place Injury
Posted on 14 Dec 2011 by Martin Klug

The employer lost its summary judgment in a suit by an employee involving an injury at work based on a plain error review by the court of appeals. The claimant had a pending worker's compensation case which had not resolved whether claimant had an... Read More

Exclusivity and Intentional Torts Under the Longshore and Harbor Workers’ Compensation Act and the Extension Acts
Posted on 6 Feb 2012 by Monica F. Markovich

By Monica F. Markovich and Jonathan A. Tweedy, Brown Sims, P.C., Houston, Texas[fn1] Section 905(a) limits the liability of an employer and its insurance carrier for benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA... Read More

New York: Employer of Undocumented Alien Still Enjoys Exclusivity in Third-Party Action Claiming Indemnification or Contribution
Posted on 21 Feb 2014 by Larson's Spotlight

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... 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

California: Worker’s Tort Action Utilizing California’s “Power Press” Exception to Exclusivity Fails
Posted on 31 Jan 2014 by Larson's Spotlight

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... Read More

GA: Kidnapped and Sexually Assaulted Employee’s Negligence Action Against Employer Barred by Exclusivity
Posted on 15 Nov 2013 by Larson's Spotlight

A Georgia appellate court recently affirmed a trial court’s decision granting summary judgment in favor of an employer in a negligence action filed against it by an employee who was attacked and kidnapped from the parking lot of the store at which... Read More

Connecticut: Supervisor’s Actions Did Not Support Intentional Tort Action; Supervisor Not Alter Ego of Employer
Posted on 4 Jul 2013 by Larson's Spotlight

The Supreme Court of Connecticut recently affirmed a trial court’s Order granting summary judgment in favor of an employer in a civil action alleging intentional tort filed against it by an injured employee in spite of the employee’s contentions... Read More