Workers' Compensation

Recent Posts

Florida: Making an About-Face, Court Says Electric Co. Was Immune Contractor
Posted on 1 Jan 2022 by Thomas A. Robinson

Reversing itself, Florida’s Second District Court of Appeal held that a public utility’s obligation to maintain its equipment and facilities was the sort of activity that could be subcontracted to another firm and that when it had properly... Read More

Alaska: High Court Reiterates Limit of $10K in Benefits for Deceased Worker Who Had No Dependents
Posted on 1 Jan 2022 by Thomas A. Robinson

Despite the apparent harshness of the rule, the Supreme Court of Alaska affirmed a trial court’s decision granting a general contractor and building owner summary judgment in a wrongful death action filed by the estate of an apprentice electrician... Read More

Utah: High Court Remands Case to Determine If Lead Poisoning Was Occupational Disease or Physical Injury Claim
Posted on 1 Jan 2022 by Thomas A. Robinson

The Supreme Court of Utah noted that although the intentional tort exception to workers’ compensation exclusivity clearly applied to claims governed by the state’s Workers’ Compensation Act (WCA), the issue had never been decided for... Read More

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

New Jersey: Exclusive Remedy Rule Does Not Bar Tort Action under State Discrimination Law
Posted on 3 Aug 2021 by Thomas A. Robinson

Where a teacher filed a tort claim against her employer alleging violations of New Jersey’s Law Against Discrimination (LAD), contending that the employer had failed to accommodate her pre-existing disability, her action was not barred by the exclusive... Read More

Alabama: Substantially Certain Tort Claim Fails Against Co-Employees
Posted on 3 Aug 2021 by Thomas A. Robinson

Utilizing the co-employee “intentional injury” exception to Alabama’s exclusive remedy rule [see Ala. Code § 25-5-11(b)], the Supreme Court of Alabama affirmed a trial court’s decision to grant summary judgment in favor of... Read More

Wisconsin: Employee’s Tort Action Against Comp Insurer Barred by Exclusive Remedy
Posted on 3 Aug 2021 by Thomas A. Robinson

The Supreme Court of Wisconsin, in a split decision, held that an injured employee’s civil action against his employer’s workers’ compensation insurer for damages arising out of its refusal to continue to pay for his antidepressant medication—he... Read More

New Jersey: Township Librarian May Sue in Tort For Parking Lot Injuries
Posted on 8 Feb 2021 by Thomas A. Robinson

A New Jersey appellate court held that a parking lot that was owned by a township and adjacent to a township library was nevertheless not part of the library's "premises," for purposes of a civil action filed by a township librarian and... Read More

Iowa: Tort Action Alleging Co-Employee Gross Negligence is Unsuccessful
Posted on 8 Feb 2021 by Thomas A. Robinson

An Iowa appellate court affirmed a trial court's decision that granted summary judgment to five co-employees of a plaintiff who had been sued under the state's special "gross negligence" exception to co-employee immunity. The plaintiff... Read More

New York: Related Entity is Not Employer's Alter Ego; Tort Suit May Continue
Posted on 26 Dec 2020 by Thomas A. Robinson

Acknowledging that if one business entity was the alter ego of another, the former could not be sued in tort for injuries sustained by an employee of the "alter ego" entity, a New York appellate court found the defendant-business entity failed... Read More

Texas: Exclusive Remedy Defense Bars Worker's Suit Against Employer for Dog Bite at Work
Posted on 26 Dec 2020 by Thomas A. Robinson

A Texas appellate court affirmed a trial court's decision granting summary judgment to an employer in a tort suit filed against it by a plaintiff-employee who alleged a co-employee brought a dog to work and the dog bit the plaintiff during the workday... Read More

Louisiana: Borrowed Employee May Not Sue Borrowing Employer in Tort
Posted on 21 Nov 2020 by Thomas A. Robinson

Observing that at least eight of the ten factual inquiries as to borrowed employee status pointed toward an employment relationship between the plaintiff, who sustained injuries within two hours of first reporting for work, and the defendant, which had... Read More

Florida: Maintenance Worker Was not the Statutory Employee of Public Utility
Posted on 21 Nov 2020 by Thomas A. Robinson

While the provision of electricity to its Florida customers required that a Florida utility company maintain its equipment, a company with whom the utility contracted for maintenance work did not do so on the basis of any subletting of the utility's... 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

Florida: Exculpatory Provision in Labor Broker's Employment Agreement Prevents Suit by Injured Worker
Posted on 27 Aug 2020 by Thomas A. Robinson

Where, prior to his actual employment, a Florida worker signed an agreement with a labor broker in which the worker released the broker's clients from liability for any injury the worker might sustain that was covered by workers' compensation... Read More