Workers' Compensation

Recent Posts

United States: Sixth Circuit Chooses to Dodge Federal Immigration Issue In Retaliatory Discharge Action
Posted on 16 Sep 2019 by Thomas A. Robinson

Reversing a decision of a federal district court that had ruled the retaliatory discharge provision of the Tennessee Workers’ Compensation Act was preempted by the Immigration Reform and Control Act of 1986 (“IRCA”), the Sixth Circuit... Read More

Texas: Bartering Scenario at Horse Racing Track Disqualifies Claimant from PTD Benefits
Posted on 16 Sep 2019 by Thomas A. Robinson

Holding that gross negligence, as described in the Texas statute that allows the family of a deceased worker to recovery exemplary damages if the workers’ death was caused by such gross negligence of the employer [see Tex. Lab. Code Ann. §... Read More

Texas: Family of Deceased Worker Fails to Maintain Gross Negligence Action Against Employer
Posted on 17 Jul 2019 by Thomas A. Robinson

Construing the special exception to the Texas version of the exclusive remedy rule—that the survivors of an employee may maintain a wrongful death action against the employer if the employee's death was caused by an intentional act or omission... Read More

Texas: Worker’s Tort Action for Fall in Parking Lot Not Barred by Exclusive Remedy Defense
Posted on 16 Jun 2019 by Thomas A. Robinson

Under the Texas “access doctrine”—an exception to the going and coming rule—where the employer has evidenced an intention that the employee utilize a particular access route or area in going to and from work, and where that access... Read More

Federal: Since Contractor Was Required to Insure, Federal Government Was Immune From Tort Action
Posted on 20 Sep 2013 by Larson's Spotlight

Affirming a decision of a federal district court, the Fifth Circuit Court of Appeals recently held that the United States could assert the exclusive-remedy provision of the Texas Workers’ Compensation Act [Tex. Lab. Code § 408.001(a)] against... Read More

Texas: Oil Well Maintenance Worker Was Not a “Seaman” Under Jones Act
Posted on 23 Aug 2013 by Larson's Spotlight

A oil-rig “floorman,” whose duties included assembling, cleaning, and disassembling blowout preventers and piping on oil rigs, was not a “seaman” under the Jones Act [46 U.S.C.S. §§ 30104-30105] since he failed to demonstrate... Read More

Texas: Compensable Heart Attack Need Not Occur During Work Hours
Posted on 9 Aug 2013 by Larson's Spotlight

A Texas appellate court, construing Tex. Lab. Code Ann. § 408.008(1), that generally requires that in order for a heart attack to be compensable, it must be identified as having occurred at “a definite time and place” and must have been... Read More

Texas: Performance Based Oversight (12/23/11 Update)
Posted on 24 Dec 2011 by Stuart D. Colburn

Beginning January 1, 2012, the Division of Workers’ Compensation (DWC) will begin its six month collection of data to assess insurance carriers for Performance Based Oversight (PBO). The PBO period will last until June 30, 2011. The PBO measures... Read More