Workers' Compensation

Recent Posts

Iowa: Third-Party Administrators Immune from Bad Faith Claims
Posted on 30 May 2019 by Thomas A. Robinson

A common law cause of action for bad-faith failure to pay workers’ compensation benefits may not be pursued against a third-party administrator of a workers’ compensation insurer, held the Supreme Court of Iowa, in a divided (5-2) decision... Read More

Oregon: Injured Worker’s Suit Against Employer’s Landlord/Officers is Unsuccessful
Posted on 30 May 2019 by Thomas A. Robinson

Acknowledging that the 2013 amendment to the so-called “dual capacity” provision of the Oregon Workers’ Compensation Act [Or. Rev. Stat. § 656.018(3)] had narrowed somewhat the immunity enjoyed by officers and directors of the employing... Read More

North Carolina: Exclusive Remedy Rule Does Not Bar Civil Action Against Employer and Plant Nurse
Posted on 30 May 2019 by Thomas A. Robinson

Stressing that although closely related, the “arising out of” [the employment] and the “in the course of employment” concepts are separate and distinct elements of proving a workers' compensation claim, the Court of Appeals... Read More

Minnesota: Discrimination Claim Under State Human Rights Act May Proceed
Posted on 8 Mar 2019 by Thomas A. Robinson

A divided Supreme Court of Minnesota held that a firefighter may proceed against his employer for its alleged discrimination under Minnesota’s Human Rights Act (“HRA”) in spite of the fact that he had already received workers’... Read More

Arkansas: Commission, Not Trial Court, Has Subject-Matter Jurisdiction Once Exclusive Remedy Issue is Raised
Posted on 8 Feb 2019 by Thomas A. Robinson

An Arkansas trial court erred in concluding that it had subject-matter jurisdiction over the employee's complaint in which it was alleged that the defendant employed the plaintiff but failed to secure workers’ compensation benefits for the employees... Read More

North Carolina: Special Employer is Immune From Tort Liability
Posted on 8 Feb 2019 by Thomas A. Robinson

Where a plywood manufacturer recruited a worker as a candidate for a mechanic position in its maintenance department, undertook the right to control the worker’s day-to-day work activities, controlled the work the worker performed and paid him an... 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

Vermont: Supreme Court Sticks to Earlier Decision—“Substantial Certainty” Rule May Not be Used in Intentional Tort Cases
Posted on 19 Oct 2018 by Thomas A. Robinson

The Supreme Court of Vermont again refused to adopt the “substantial certainty” rule for intentional tort cases filed by an injured employee against an employer. Citing its earlier decision in Kittell v. Vermont Weatherboard, Inc. , 138 Vt... Read More

Illinois: Defendant Allowed to Add Exclusive Remedy Defense After 40 Depositions Have Been Taken
Posted on 4 Oct 2018 by Thomas A. Robinson

In a divided decision, an Illinois appellate court held that a trial court did not abuse its discretion in allowing the defendant to raise the exclusive remedy defense in spite of the fact that the parties had already taken more than 40 depositions during... Read More

California Workers' Comp Case Roundup (7/9/2018)
Posted on 9 Jul 2018 by LexisNexis Workers' Comp Law Newsroom Staff

CALIFORNIA COMPENSATION CASES Vol. 83 No. 6 June 2018 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

Connecticut: Widow Who Discovers Husband’s Lifeless Body May Not Recover Emotional Distress Claim Against Employer
Posted on 4 Aug 2016 by Thomas A. Robinson

A widow, who discovered her husband’s lifeless body crushed beneath an all-terrain vehicle that he had been repairing at his employer’s facility—she had intended to bring him his lunch—may not recover in her bystander emotional... Read More

Federal: Breach of Contract Claim Against Special Employer for Failure to Provide Safe Work Environment Is Barred By Exclusiveness
Posted on 11 Apr 2014 by Larson's Spotlight

That an employer referred in its Policies and Procedures Handbook to its commitment to provide a safe and health work place for its employees, that the Handbook also stated that safety rules and safe work practices were “not optional,” and... Read More

Washington: Widow’s Wrongful Death Action for Husband’s Mesothelioma Barred by Exclusivity
Posted on 26 Sep 2014 by Larson's Spotlight

Washington state courts may not use the “substantially certain” test to determine whether an employer’s actions against an injured worker were intentional, again held the Supreme Court of Washington in a split decision. Accordingly,... Read More

The Top 10 Bizarre Workers' Comp Cases for 2013
Posted on 2 Jan 2014 by Thomas A. Robinson

© Copyright 2014 LexisNexis. All rights reserved. For reprint permission, contact Robin.E.Kobayashi@lexisnexis.com . During the past several Januarys, I’ve shared with readers my annual list of bizarre workers’ compensation cases for... Read More

New York: Premises Owner/Employer Might Be Liable for Negligence in Parking Lot Injury
Posted on 6 Jan 2017 by Thomas A. Robinson

A New York employer, who, in her individual capacity, also owned the building where the employer and other tenants leased space, was not entitled to summary judgment on the employee’s negligence claim since questions of fact existed concerning whether... Read More