Workers' Compensation

Recent Posts

New York: Grave Digger’s IIED Claim Barred by Exclusive Remedy Rule
Posted on 3 Aug 2021 by Thomas A. Robinson

A grave digger’s allegations that he had sustained emotional distress injuries resulting from the fact that, as part of his employment duties, he was sometimes required to step onto the top of caskets during the burial process was insufficient to... Read More

United States: Detention Officer's Tort Claim Alleging Unsafe Work Conditions Due to COVID-19 Held Barred
Posted on 19 Jan 2021 by Thomas A. Robinson

Allegations by a former prison detention officer that his former employer was liable in tort for negligent supervision and intentional infliction of emotional distress (IIED) were dismissed by a federal district court sitting in California. The plaintiff... Read More

United States: Exclusive Remedy Rule Bars IIED Claim For Failure to Provide Adequate COVID-19 Protections
Posted on 18 Oct 2020 by Thomas A. Robinson

Construing California law, a federal district court held a plaintiff's IIED tort action filed against her former employer for failure to provide adequate COVID-19 protocols is barred by the exclusive remedy of California's workers' compensation... Read More

Delaware: Tort Suit Against Third-Party Administrator May Move Forward
Posted on 18 Sep 2020 by Thomas A. Robinson

A plaintiff's civil action against a third-party administrator (TPA) for bad faith delay and denial of workers' compensation benefits and intentional infliction of emotional distress may move forward, held a Delaware court as it considered the... Read More

Federal: California Plaintiff’s IIED Claim Barred by Exclusive Remedy Provisions of State Law
Posted on 5 Dec 2014 by Larson's Spotlight

A Federal district court in California granted an employer’s motion for summary judgment on exclusive remedy grounds as to one count of plaintiff’s complaint that alleged an intentional infliction of emotional distress (“IIED”... Read More