Workers' Compensation

Recent Posts

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