Workers' Compensation

Recent Posts

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

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