Workers' Compensation

Recent Posts

Virginia: Shipyard Owed Duty of Care Not to Expose Worker’s Family Members to Asbestos Fibers on Worker’s Clothing
Posted on 19 Oct 2018 by Thomas A. Robinson

Answering a restated certified question from the U.S. District Court (Eastern District of Virginia), the Supreme Court of Virginia, in a deeply divided 4-3 decision, held that an employer owed a duty of care to an employee's family member who alleged... Read More

United States: Shareholder/Owner of Equipment May Be Liable in Tort to Injured Employee
Posted on 21 Jun 2018 by Thomas A. Robinson

Construing Oklahoma law, the Tenth Circuit Court of Appeals reversed a federal district court’s dismissal of a negligence action filed against the sole stockholder of a worker’s employer, finding the district court failed to consider the stockholder's... Read More

New York: Injured Employee’s Negligence Action Against Co-Employee and Co-Employee’s Father (as Owner of Vehicle) Are Barred by Exclusiveness
Posted on 7 Aug 2015 by Larson's Spotlight

A civil action was filed by plaintiff and his spouse against plaintiff’s co-employee and the co-employee’s father for injuries the plaintiff sustained when he was struck by a car driven by the co-employee as plaintiff walked across their employer’s... Read More

Connecticut: “Payloader” Is Not Motor Vehicle for Purposes of Special Rule Allowing Tort Action Against Fellow Employee
Posted on 17 Apr 2015 by Larson's Spotlight

Conn. Gen. Stat. § 31–293a creates several exceptions to the otherwise applicable rule that a workers’ compensation claim for benefits is the exclusive remedy that an employee may pursue against a fellow employee. One such exception allows... Read More

Federal: Negligence Action Filed by Teacher’s Aide Against School Following Assault by Student Is Barred by Exclusive Remedy Defense
Posted on 30 Oct 2015 by Larson's Spotlight

A negligence action filed by a teacher’s aide against her employer and an assistant principal following an incident in which the aide was assaulted and beaten by a student was barred by the exclusive remedy provisions of New York’s Workers’... Read More

Federal: Leased Employee May Not Sue Leasing “Employer”
Posted on 9 Jun 2016 by Larson's Spotlight

Where corporation A supplied licensed truck drivers to corporation B—an affiliated entity—under a three-year agreement under which the drivers worked at B’s facilities, but remained employees of A, who paid the drivers their wages and... Read More

LA: Receptionist’s Alleged Rape by Lawyer Not Barred by Exclusive Remedy Rule
Posted on 15 Jun 2010 by LexisNexis Workers' Comp Law Newsroom Staff

LA: Receptionist’s Alleged Rape by Lawyer Not Barred by Exclusive Remedy Rule LAKE CHARLES, LA - The Third Circuit Court of Appeal has ruled that a receptionist could sue her former employer for negligence, this after she alleged she was raped... Read More

TN: Court Rules Companies Subcontracting Part of Principal Business Immune From Negligence Claims by Subcontractor Employees
Posted on 28 Jun 2010 by

Memphis, TN (CompNewsNetwork) - On May 28, 2010 the Tennessee Court of Appeals issued its decision in Griffith v. Jellico Community Hospital, Inc., holding that Jellico qualified as a principal contractor (and thus a statutory employer) to an employee... Read More