Workers Compensation Law

Recent Posts

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

United States: Michigan Federal Court Reiterates that RICO May Not Be Used for Bad Faith Claims
Posted on 27 Jan 2017 by Thomas A. Robinson

Citing two earlier precedents, a federal district court sitting in Michigan has once again ruled, in pertinent part, that racketeering activity leading to a loss or diminution of benefits that a plaintiff expects to receive under a state workers compensation... Read More

Indiana: Injured Employee May Not Sue Employer’s Corporate Parent
Posted on 12 Feb 2016 by Larson's Spotlight

Where an employee working for a subsidiary of AT&T, Inc. tripped and fell over the snow-covered legs of a construction sign placed in a walkway adjacent to an ongoing construction project at the AT&T building in downtown Indianapolis, she could... Read More

Tackling the Elephant in the Room: Exclusive Remedy
Posted on 12 Mar 2015 by LexisNexis Workers' Comp Law Newsroom Staff

How I spent my time at the National Workers’ Compensation & Disability Conference discussing the exclusive remedy doctrine By Deborah G. Kohl, Esq. As all workers’ compensation practitioners know exclusive remedy is the linchpin... Read More

California Workers' Comp Case Roundup (5-4-2012)
Posted on 4 May 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 4 April 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

North Carolina: Workers’ Involved in “Ultra-hazardous” Activity May Not Sue Employers in Tort
Posted on 10 Feb 2017 by Thomas A. Robinson

A North Carolina appellate court held that the exclusive remedy provisions of the state’s Workers’ Compensation Act apply to bar civil actions against the employer for all employees—even those that are engaged in “ultra-hazardous”... Read More