Workers' Compensation

Recent Posts

Ohio: Intentional Tort Action Against Employer Fails
Posted on 3 Jan 2014 by Larson's Spotlight

An Ohio appellate court has affirmed a trial court’s summary judgment decision in favor of an employer in an injured employee’s intentional tort claim, agreeing with the trial court that the employee failed to show the employer intended to... Read More

Florida: Construction Worker’s Intentional Tort Action Fails Under “Virtually Certain” Standard
Posted on 2 Aug 2013 by Larson's Spotlight

Construing the state’s intentional tort exception to workers' compensation immunity (§ 440.11(1)(b), Fla. Stat.), a Florida appellate court recently affirmed a trial court’s entry of final summary judgment in favor of plaintiff’s... 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

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

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