Workers' Compensation

Recent Posts

Georgia: Temporary Employee May Not Sue "Regular" Employee of Borrowing Employer in Tort
Posted on 17 May 2020 by Thomas A. Robinson

A borrowed servant may not recover in tort against the "regular" employees of the borrowing employer, held a Georgia appellate court. Accordingly, a state trial court erred when it refused to grant summary judgment in favor of a defendant-employee... Read More

Pennsylvania: Suit by Borrowed Employee Against Borrowing Employer Barred
Posted on 20 Nov 2019 by Thomas A. Robinson

A Pennsylvania appellate court affirmed a trial court’s decision granting summary judgment to the defendant corporation on the basis of the state’s application of the so-called “borrowed employee” doctrine since the plaintiff had... Read More

North Carolina: Auto Liability Insurer Need not Defend Action Against Co-Employee
Posted on 12 Oct 2019 by Thomas A. Robinson

An auto liability insurer need not defend a wrongful death action filed against its insured, a corporation that had temporarily borrowed an employee of a separate, but related corporate entity to drive one of its vehicles. Because the borrowed driver... Read More

Washington: Worker May Not Be Considered Borrowed Employee in Spite of Contract Clause Consenting to Such Designation
Posted on 27 Sep 2019 by Thomas A. Robinson

Where a worker entered into a contract with a labor broker that specified that the worker would be subject to the control of the firm to which he was assigned, that the firm to which he was assigned would be considered his “special employer,”... Read More

United States: Mother of Deceased Temporary Worker May Not Maintain Wrongful Death Action Against Borrowing Employer
Posted on 8 Nov 2018 by Thomas A. Robinson

Construing Louisiana law, and applying the ten-factor test established by the Fifth Circuit Court of Appeals in U.S. Fire Ins. Co. v. Miller , 381 F.3d 385, 388 (5th Cir. 2004), a federal district court found that a worker assigned to the defendant’s... Read More

New Jersey: Most Third-Party Tort Action Waivers in Employment Contracts Invalidated
Posted on 15 Dec 2017 by Thomas A. Robinson

Waiver or “disclaimer” clauses, typically found in the employment agreements of New Jersey workers that work for employment services firms, pursuant to which the employee prospectively waives third-party claims against the employer’s... Read More

Temp Nation: Standing Up for the Walking Dead
Posted on 23 Jan 2015 by Karen C. Yotis

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. Temporary workers are having a decidedly... Read More

New York: Defendant Fails to Show Injured Bus Matron was its “Special Employee”
Posted on 3 Nov 2017 by Thomas A. Robinson

Plaintiff, a school bus matron employed by a nonparty, stated a claim for injuries allegedly sustained in an accident that occurred while she was working on a school bus registered to defendant, Boro Transit (“BT”), and driven by an employee... Read More

Federal: 5th Circuit Finds Offshore Platform Welder Was Not “Seaman” for Jones Act Purposes
Posted on 14 Aug 2015 by Larson's Spotlight

The Fifth Circuit Court of Appeals affirmed a federal district court’s grant of summary judgment in favor of a borrowing employer who had been sued by its borrowed employee, a welder, after the welder sustained injuries when gasses exploded while... Read More

Florida: Injured Worker May Not Rely on Affidavit to Contradict Her Own Prior Testimony to Defeat Summary Judgment Motion
Posted on 31 Oct 2014 by Larson's Spotlight

A Florida appellate court affirmed a trial court’s decision granting summary judgment in favor of a defendant that claimed it was immune from suit under the exclusive remedy provisions of the Florida Workers’ Compensation Act because the plaintiff... Read More

Pennsylvania: Injured Worker May Not Sue Borrowing Employer
Posted on 3 Nov 2016 by Thomas A. Robinson

An employee may have more than one employer, held a Pennsylvania appellate court. Accordingly, where a worker was hired by a firm that supplied temporary workers to other businesses and governmental entities and, after being assigned to a township, the... Read More

Texas: Manufacturer Was Statutory Employer of Worker Supplied by Personnel Staffing Firm
Posted on 2 Sep 2016 by Thomas A. Robinson

Where a worker was employed by a subcontractor who supplied staff to an employer that set the worker’s schedule, assignments, and training, the employer was the worker’s statutory employer and, since it was a workers’ compensation subscriber... Read More

Federal: Kentucky Widow May Not Sue Staffing Company Regarding Employee/Husband’s Death
Posted on 30 Sep 2016 by Thomas A. Robinson

The widow and the estate of a construction worker may not pursue a wrongful death action against a construction staffing company regarding the worker’s death in a work-related accident where the worker interviewed directly with one of the staffing... Read More

Federal: Building Materials Supplier is Statutory Employer of Truck Driving Making Deliveries
Posted on 13 Oct 2016 by Thomas A. Robinson

Where a truck driver was employed by a trucking company that, in turn, contracted with a building materials supplier to provide delivery services related to materials purchased at the supplier’s stores, the building materials supplier was the driver’s... Read More

Larson’s Spotlight on Recent Cases: No Waiver of Benefits by Quitting Job That Offered Light Duty Work
Posted on 3 May 2013 by Larson's Spotlight

Larson's Spotlight on Waiver of Benefits, Intervention, Psychiatric Claim, and Borrowed Employee. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... Read More