Workers' Compensation

Recent Posts

Rhode Island: Co-Employee Immunity to Tort Liability Extends Even to Instigator of Dangerous Horseplay
Posted on 26 Apr 2019 by Thomas A. Robinson

The exclusive remedy provision of the Rhode Island Workers’ Compensation Act is so strong, held the state’s Supreme Court, that it shielded a co-employee from tort liability in a dangerous incident involving horseplay. The evidence indicated... Read More

Ohio: Provisions in State’s “Contractor’s Self-Insurance Plans” Found to be Constitutional
Posted on 4 Jan 2019 by Thomas A. Robinson

Building on an earlier decision in which the Ohio Supreme Court had determined that the Ohio contractor’s self-insurance plan [see Ohio Rev. Code Ann. § 4123.35(O)] provided immunity not only to the self-insuring general contractor, but also... Read More

Georgia: “Fault” of Employer Can Be Considered in Plaintiff Employee’s Tort Action Against Third Party
Posted on 10 Jul 2015 by Larson's Spotlight

Georgia’s apportionment statute, OCGA § 51-12-33(c) requires the trier of fact to consider the “fault” of all persons or entities that have contributed to the plaintiff’s alleged injury or damages, including nonparties. The... Read More

Alaska: Former Employee May Proceed Against Physician and Employer’s Attorney Involved in Attempt to Terminate Workers’ Compensation Benefits
Posted on 19 Aug 2016 by Thomas A. Robinson

In a split decision, the Supreme Court of Alaska held that where a plaintiff (a former employee) and his spouse sued the former employer, its workers’ compensation insurer, a private investigator, the employer’s attorney, and a doctor who... Read More

Florida: 3rd DCA Strikes Down “Padgett” Decision on Mootness and Standing Grounds
Posted on 26 Jun 2015 by Larson's Spotlight

The Third District Court of Appeal has reversed the much-talked-about “Padgett” decision by Circuit Court for Miami-Dade County Judge Jorge Cueto, which last August declared unconstitutional the exclusive remedy provision of the state’s... Read More

Connecticut: Contractor With Contractor Controlled Insurance Program Enjoyed Immunity
Posted on 4 Aug 2016 by Thomas A. Robinson

A general contractor that implemented a contractor controlled insurance program (CCIP) to centralize the purchasing of workers’ compensation insurance for a major project has “paid compensation benefits” to the employees of its subcontractors... Read More

Oklahoma: Shareholder Land Owner May Be Sued in Tort Following Fatal Work-Related Accident
Posted on 4 May 2018 by Thomas A. Robinson

The Supreme Court of Oklahoma held that the sole shareholder of a corporation, who individually owned a property where an employee of the corporation sustained fatal injuries, was not immune from suit for common-law negligence under the provisions of... Read More

North Carolina: Workers’ Involved in “Ultra-hazardous” Activity May Not Sue Employers in Tort
Posted on 10 Feb 2017 by Thomas A. Robinson

A North Carolina appellate court held that the exclusive remedy provisions of the state’s Workers’ Compensation Act apply to bar civil actions against the employer for all employees—even those that are engaged in “ultra-hazardous”... Read More

Texas: Statutory Employer Was Not Immune from Tort Liability
Posted on 23 Feb 2018 by Thomas A. Robinson

In a decision that may produce ripples within the Texas construction industry, a state appellate court held that in order to enjoy the exclusive remedy defense, Tex. Lab. Code Ann. § 406.123(a) requires a general contractor to do something more than... Read More

Oklahoma: Employer’s Shareholder Not Always Shielded by Exclusive Remedy Doctrine
Posted on 16 Mar 2018 by Thomas A. Robinson

In a split decision, the Supreme Court of Oklahoma, answering a certified question for the Tenth Circuit Court of Appeals, held the state’s Administrative Workers’ Compensation Act fully abrogated the so-called “dual-capacity”... Read More

Kentucky: Opioid Dependence Results in Loss of Co-Employee Immunity in Tort Action
Posted on 13 Oct 2017 by Thomas A. Robinson

A school bus driver was not entitled to rely upon Kentucky’s fellow-immunity rule in a tort action filed against her, since there was sufficient evidence to support the jury’s finding that the defendant driver was voluntarily intoxicated at... Read More

Washington: Co-employee Immunity Applies Only When Defendant Acting in the Course of Employment
Posted on 9 Oct 2015 by Larson's Spotlight

An appellate court in Washington state held that it was error for a trial court to grant summary judgment in favor of a defendant, on exclusive remedy grounds, where the plaintiff alleged he was struck by a vehicle driven by the defendant, a fellow employee... Read More

Washington: Employee Can Sue Co-Employee in Tort for Injuries Sustained in After-Hours Accident
Posted on 14 Jan 2017 by Thomas A. Robinson

Adopting the dominant rule discussed in Larson’s Workers’ Compensation Law , Ch. 111, § 111.03, the Supreme Court of Washington held that a co-employee enjoys immunity under the exclusive remedy provisions of the state’s workers’... Read More

Hawaii: Exclusive Remedy Provision Does Not Bar Civil Actions for Harm to Employee’s Reputation
Posted on 11 May 2018 by Thomas A. Robinson

The Hawaii Workers’ Compensation Act’s bar on claims for injuries incurred in the course of the employment does not extend to injuries to a person’s reputation, held the state’s Supreme Court. Accordingly, where two county employees... Read More

Larson’s Spotlight on Recent Cases: Injured HVAC Worker Established “Odd Lot” Status
Posted on 9 Mar 2012 by Larson's Spotlight

Larson's Spotlight on Odd Lot, Causation, Farm Laborer, Immunity From Exclusive Remedy . 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