Workers' Compensation

Recent Posts

Virginia: Shipyard Owed Duty of Care Not to Expose Worker’s Family Members to Asbestos Fibers on Worker’s Clothing
Posted on 19 Oct 2018 by Thomas A. Robinson

Answering a restated certified question from the U.S. District Court (Eastern District of Virginia), the Supreme Court of Virginia, in a deeply divided 4-3 decision, held that an employer owed a duty of care to an employee's family member who alleged... Read More

Nevada: Stroke Victim May Not Sue Employer for Delay in Seeking Medical Treatment
Posted on 21 Sep 2018 by Thomas A. Robinson

The Supreme Court of Nevada, reversing a decision of the state’s court of appeals, held that a Las Vegas casino employee could not maintain a civil action against his employer to recover damages for its alleged delay in seeking medical treatment... Read More

North Carolina: Insurer’s Anti-Fraud Actions May Backfire into Punitive Damages
Posted on 7 Sep 2018 by Thomas A. Robinson

An injured worker, who sustained catastrophic injuries that initially rendered him comatose and which ultimately resulted in significant behavioral and memory deficits, including deficits in executive functioning, problem solving, planning, and balance... Read More

United States: Employee Assigned by Personnel Agency May Not Sue “Borrowing” Firm in Negligence
Posted on 24 Aug 2018 by Thomas A. Robinson

Construing California law, a federal district court granted summary judgment to a defendant company that had been sued by a worker who sustained injuries when one of the company’s employees “bumped” his forklift blade into the plaintiff... Read More

California: Reviewers Under State's Utilization Review Procedure are Immune from Tort Liability; Exclusive Remedy is Workers’ Compensation
Posted on 24 Aug 2018 by Thomas A. Robinson

The exclusive remedy provisions contained in Cal. Labor Code § 3602 extend their shield against tort liability to utilization reviewers performing their services under the state’s workers’ compensation utilization review process. Accordingly... Read More

United States: Tort Action Against Comp Insurer is Barred by Exclusive Remedy Defense
Posted on 17 Aug 2018 by Thomas A. Robinson

A federal district court granted a workers’ compensation insurance company’s motion to dismiss claims contained in a complaint filed against it alleging, inter alia , concealment fraud, negligent interference, and bad faith breach of contract... Read More

New York: Special Employer Generally May Not Be Sued in Tort
Posted on 17 Aug 2018 by Thomas A. Robinson

Where a defendant contracted with Manpower Group US (Manpower) regarding the services of a worker and controlled and directed the manner, details, and ultimate result of the worker’s work, it was the worker’s special employer and, therefore... Read More

United States: Teacher May Not Sue School for Injuries Sustained in Breaking Up Student Fight
Posted on 15 Aug 2018 by Thomas A. Robinson

Construing Minnesota law, the Eighth Circuit Court of Appeals affirmed a federal district court’s decision to grant summary judgment in favor of a Minnesota school district that had been sued by a teacher who sustained serious injuries when he attempted... Read More

North Carolina: Bank Employee’s Tort Action for Failure to Provide Stress-Free Work Environment Fails
Posted on 15 Aug 2018 by Thomas A. Robinson

A North Carolina appellate court affirmed the dismissal—on exclusive remedy grounds—of a civil action filed by a former bank employee against her former employer and supervisor alleging that the defendants had failed to exercise reasonable... Read More

Maine: Dual Persona Doctrine Cannot Shield Related Entity from Tort Liability
Posted on 19 Jul 2018 by Thomas A. Robinson

The dual persona doctrine, under which an injured employee may sometimes be allowed to sue the employer in tort if the employer possesses a second “persona” sufficiently independent from and unrelated to its status as employer, may not be... Read More

United States: Shareholder/Owner of Equipment May Be Liable in Tort to Injured Employee
Posted on 21 Jun 2018 by Thomas A. Robinson

Construing Oklahoma law, the Tenth Circuit Court of Appeals reversed a federal district court’s dismissal of a negligence action filed against the sole stockholder of a worker’s employer, finding the district court failed to consider the stockholder's... Read More

United States: Companies Found to be Related, But Not Necessarily Alter Egos
Posted on 6 Jul 2018 by Thomas A. Robinson

Construing New Hampshire law, a federal district court refused to grant summary judgment to a trucking company and one of its drivers in a wrongful death action filed against them by the estate of a logging worker who was killed while helping the driver... Read More

Hawaii: Exclusive Remedy Provision Does Not Bar Civil Actions for Harm to Employee’s Reputation
Posted on 11 May 2018 by Thomas A. Robinson

The Hawaii Workers’ Compensation Act’s bar on claims for injuries incurred in the course of the employment does not extend to injuries to a person’s reputation, held the state’s Supreme Court. Accordingly, where two county employees... Read More

New York: Tort Suit Against Co-Employee Not Barred Where Accident Occurred Near, But Away from Employer's Premises
Posted on 1 Mar 2018 by Thomas A. Robinson

The defendant employee’s employment ended when he entered his car, drove away from an employer-controlled parking lot, and struck a co-employee who had entered a cross-walk on a street that circled the employer’s campus. Accordingly, it was... Read More

North Dakota: Widow’s Tort Action Fails Under State’s “Almost Impossibly Strict Standard” for Intentional Tort Allegations
Posted on 8 Jul 2016 by Larson's Spotlight

The Supreme Court of North Dakota held the trial court properly granted a former employer’s summary judgment dismissing a widow’s wrongful death action against it because the facts alleged did not provide a genuine issue of material fact to... Read More