Workers' Compensation

Recent Posts

North Carolina: Insurer’s Anti-Fraud Actions May Backfire into Punitive Damages
Posted on 7 Sep 2018 by Thomas A. Robinson

An injured worker, who sustained catastrophic injuries that initially rendered him comatose and which ultimately resulted in significant behavioral and memory deficits, including deficits in executive functioning, problem solving, planning, and balance... Read More

United States: Teacher May Not Sue School for Injuries Sustained in Breaking Up Student Fight
Posted on 15 Aug 2018 by Thomas A. Robinson

Construing Minnesota law, the Eighth Circuit Court of Appeals affirmed a federal district court’s decision to grant summary judgment in favor of a Minnesota school district that had been sued by a teacher who sustained serious injuries when he attempted... Read More

New York: Removal of Safety Screen Was Insufficient to Support Intentional Tort
Posted on 23 Aug 2013 by Larson's Spotlight

A divided New York appellate court, applying the exclusive remedy provisions of the New Jersey Workers’ Compensation Act—the employee’s injury occurred there—recently held that a trial court properly granted summary judgment to... Read More

WY: Employee’s Intentional Tort Action Against Co-Employees Fails
Posted on 18 Oct 2013 by Larson's Spotlight

As noted in Larson’s Workers’ Compensation Law , §§103.03, 103.04, when construing the intentional tort exception to a state’s Workers’ Compensation Act, most jurisdictions say “intent means intent,” that... Read More

WV: Intentional Tort Exception to Exclusivity Applies to Employers Only, Not Co-Employee Supervisors
Posted on 8 Nov 2013 by Larson's Spotlight

Answering a certified question presented by a U.S. District Court (S. D. W. Va.) regarding whether a “deliberate intent” cause of action pursuant to W. Va. Code § 23–4–2(d)(2)(ii) may be brought against a non-employer “person... Read More

Louisiana: Teacher’s Intentional Tort Action Against School Board Fails
Posted on 18 Nov 2016 by Thomas A. Robinson

A teacher, who was six-weeks pregnant at the time of a classroom incident that resulted in her injury, may not maintain a tort action against the school board; her allegations failed to raise an issue of intentional tort and her civil action was, therefore... Read More

Wisconsin: Comp Insurer Need Not Defend Employee Accused of Sexual Assault on Co-Employee
Posted on 27 May 2016 by Larson's Spotlight

An employer’s workers’ compensation insurer had no duty to defend an employee, Rydberg, who had been sued by af co-employee who claimed that Rydberg sexually groped her while both were at work on the employer’s premises. The Wisconsin... Read More

Larson’s Spotlight on Recent Cases: Larson’s May Interpret Law, But Can’t Supplant Text of Statute
Posted on 15 Feb 2013 by Larson's Spotlight

Larson's Spotlight on Statutory Interpretation, Credit for Pension Benefits, Intentional Tort, and Substantially Certain Rule. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

North Dakota: Widow’s Tort Action Fails Under State’s “Almost Impossibly Strict Standard” for Intentional Tort Allegations
Posted on 8 Jul 2016 by Larson's Spotlight

The Supreme Court of North Dakota held the trial court properly granted a former employer’s summary judgment dismissing a widow’s wrongful death action against it because the facts alleged did not provide a genuine issue of material fact to... Read More

Larson’s Spotlight on Recent Cases: Attorney Fees and the Common Fund Doctrine
Posted on 24 Jan 2013 by Larson's Spotlight

Larson's Spotlight on Attorney Fees, Venue, Intentional Tort, and Refusal of Light Duty. 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

Five Recent Workers’ Comp Cases You Should Know About (10/29/2011) – No Benefits for Worker When Her Foot Slipped Off Sandal
Posted on 29 Oct 2011 by Larson's Spotlight

Larson's Spotlight on Intentional Tort, Out-of-State Worker, Slip and Fall, Court-Appointed Counsel, and Workers’ Comp Fraud . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer... Read More

Illinois: Acceptance of Comp Benefits Is Election Barring Intentional Tort Case Against Employer
Posted on 18 Mar 2016 by Larson's Spotlight

Where a paramedic trainee, who sustained injuries while participating in a training program, filed suit against his employer and others alleging an intentional tort, but later sought and received workers’ compensation benefits for the injury, his... Read More

United States: Surviving Spouse May Not Maintain Tort Action Against Employer Following Robbery and Murder
Posted on 31 Mar 2017 by Thomas A. Robinson

The surviving spouse of a woman who worked at a Virginia apartment complex and who sustained fatal injuries when she was attacked and stabbed by a robber cannot maintain a civil action against the employer; the tort action was barred by the exclusive... Read More

Larson’s Spotlight on Recent Cases: Injury From Riding Escalator Rail
Posted on 4 Jan 2013 by Larson's Spotlight

Larson's Spotlight on Traveling Employee, Special Employer, Intentional Tort, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More

Five Recent Workers’ Comp Cases You Should Know About (10/29/2011) – No Benefits for Worker When Her Foot Slipped Off Sandal
Posted on 29 Oct 2011 by Larson's Spotlight

Larson's Spotlight on Intentional Tort, Out-of-State Worker, Slip and Fall, Court-Appointed Counsel, and Workers’ Comp Fraud . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer... Read More