Workers' Compensation

Recent Posts

Illinois: In “Lent Worker” Scenario, Both Lender and Borrower May Utilize Exclusive Remedy Defense
Posted on 28 Jul 2021 by Thomas A. Robinson

An Illinois appellate court held that where a temporary staffing agency assigns or loans a worker to a borrowing company, both the “lender” and the “borrower” are immune from tort liability under the exclusive remedy provisions... Read More

Colorado: No Recovery from Co-Employee’s Uninsured Motorist Coverage
Posted on 7 Mar 2021 by Thomas A. Robinson

Colorado’s exclusivity rule is sufficiently broad so as to bar an injured employee from recovering damages via the uninsured motorist/underinsured motorist coverage of a co-employee’s auto policy, held the Supreme Court of Colorado. As long... Read More

Oklahoma: Supreme Court Says Non-Dependent Parents May Sue Employer in Tort
Posted on 18 Oct 2020 by Thomas A. Robinson

Finding a person's common law rights could be limited, but not eliminated, the Supreme Court of Oklahoma held a provision in the state's Workers' Compensation Act [12 O.S. 2011 §§1053A] that allowed death benefits only to a spouse... Read More

Illinois: Civil Action for Violation of Biometric Information Privacy Act Not Barred by Exclusive Remedy Rule
Posted on 18 Oct 2020 by Thomas A. Robinson

An Illinois appellate court, rendering a decision that is consistent with earlier federal court decisions on the same subject, held that an employee's civil action claim for statutory, liquidated damages against her employer for alleged violations... Read More

California: Under State's "Posse" Law, Couple May Not Sue County Sheriff for Misinformation that Lead to Severe Injuries Sustained in Attack
Posted on 18 Sep 2020 by Thomas A. Robinson

The Supreme Court of California, in a 5-2 decision, held that the state's "posse" law--Cal. Labor Code § 3366--barred a civil action for negligence and misrepresentation filed by two private citizens against a California county and... Read More

Pennsylvania: Truck Driver May Sue Well Owner and Service Company in Tort -- No Statutory Employer Relationship
Posted on 27 Aug 2020 by Thomas A. Robinson

A divided Pennsylvania appellate court held a well owner and a separate firm that provided specialized services at the well were not statutory employers of a truck driver who contended he sustained injuries when a faulty storage tank value caused the... Read More

New Jersey: Leased Worker's Tort Action Against Borrowing Employer Barred by Exclusivity
Posted on 27 Aug 2020 by Thomas A. Robinson

A tort action filed by a worker who had been assigned to a firm that utilized forklifts in its warehouse area cannot proceed since the worker's exclusive remedy was pursuant to the New Jersey Workers' Compensation Act, held a state appellate court... Read More

California: Court Affirms $2.9 Million Judgment Against Employer For Mishandling Immigration Case
Posted on 27 Apr 2020 by Thomas A. Robinson

In an unusual case in which a California court entered a $2.9 million judgment against a former employer who mishandled the green card application process of one of its employees, which resulted in the forced return of the employee and his family to England... Read More

Idaho: Split Supreme Court Adopts Reckless Standard in Intentional Tort Cases
Posted on 20 Jan 2020 by Thomas A. Robinson

In a decision that is likely to have broad and long-reaching ramifications, a divided Supreme Court of Idaho, following a rehearing in a case decided one year earlier, threw out its earlier decision and adopted a rule that allows an injured employee to... Read More

United States: Exclusive Remedy Rule Does Not Bar Suit Under Illinois Biometric Information Privacy Act
Posted on 20 Jan 2020 by Thomas A. Robinson

The putative class action filed by an employee against his employer alleging its use of a fingerprint timekeeping system violated the Illinois Biometric Information Privacy Act (“BIPA”) was not barred by the exclusive remedy provisions of... Read More

Minnesota: Employer Cannot Be Severally Liable With Third Party Defendant
Posted on 5 Jan 2020 by Thomas A. Robinson

The Minnesota rule that an employer may not be considered “severally liable” along with a defendant, third-party was unaffected by a 2003 amendment to Minn. Stat. § 604.02, subs. 1, held the state’s Supreme Court. Under the clear... Read More

Iowa: Court Overturns $7 Million Verdict Against Co-Employee
Posted on 5 Jan 2020 by Thomas A. Robinson

An Iowa appellate court, following the “narrow” exception to co-employee immunity established in Thompson v. Bohlken , 312 N.W.2d 501, 505 (Iowa 1981), held that a state trial court was correct when it granted a defendant/co-employee a judgment... Read More

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