Workers' Compensation

Recent Posts

Idaho: Family Barred from Suing Employer for Wrongful Death in Spite of Safety Issues
Posted on 4 Jan 2019 by Thomas A. Robinson

Where an Idaho employee sustained fatal injuries when the exposed driveshaft of her employer’s “picking table" caught her hair and pulled her into the machine, her family could not maintain a wrongful death action against the employer;... Read More

Larson’s Spotlight on Recent Cases: Mother of Injured Worker Dies From Stress Related to Comp Claim
Posted on 19 Nov 2012 by Larson's Spotlight

Larson's Spotlight on Exclusive Remedy, Fraud, Forfeiture of Future Disability Rights, and Extraordinary and Unusual. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Larson’s Spotlight on Recent Cases: Non-Dependent Spouse Precluded From Death Benefits and Barred From Bringing Death Claim
Posted on 15 Jun 2012 by Larson's Spotlight

Larson's Spotlight on Non-Dependent Spouse and Death Benefits, Fraud and Surveillance Video, Tort Action Against Sole Proprietor, and Statute of Limitations for PTSD Claim. Larson's surveys the latest case developments that you need to know about... 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

Arkansas: Special Employer Enjoys Exclusive Remedy Defense in Wrongful Death Action Filed Against It
Posted on 17 Oct 2014 by Larson's Spotlight

An Arkansas appellate court held that the state’s Workers’ Compensation Commission did not err when it determined that a deceased worker was the defendant-company’s “special” employee since, at the time of the worker’s... Read More

Georgia: Parent’s Wrongful Death Action for Negligent Hiring of Convicted Felon May Proceed
Posted on 26 Feb 2016 by Larson's Spotlight

Where an employee was shot and killed by a co-employee on the special employer’s premises for no apparent reason—the two hardly knew each other and had no difficulties with each at work—the death did not arise out of and in the course... Read More

California: Exclusive Remedy Provision Bars Separate Suit Related to Asbestos-Laden Pipes Carried Home for Home Projects
Posted on 25 Sep 2015 by Larson's Spotlight

Where survivors of a worker who died of asbestos-related mesothelioma sued the employer, a pipe manufacturer, for wrongful death, alleging that in addition to his workplace exposure to asbestos, the worker was also permitted to take waste or scrap pipe... Read More

Texas: Police Sergeant’s Widow May Not Recover Wrongful Death Benefits Against Police Department
Posted on 8 Apr 2016 by Larson's Spotlight

A widow’s civil action to recover damages from the Houston Police Department related to an incident in which her husband, a police sergeant, was killed in the line of duty by a man who was present in this country illegally, and who was subsequently... Read More

Larson’s Spotlight on Recent Cases: Court Bars Medical Expert Testimony on Sick Building Syndrome
Posted on 7 Sep 2012 by Larson's Spotlight

Larson's Spotlight on Sick Building Syndrome, Wrongful Death and Exclusive Remedy, Retaliatory Discharge, and Unexplained Fall. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

United States: Wrongful Death Action Following Explosion of Mortar Shell Barred by Exclusivity
Posted on 9 Mar 2017 by Thomas A. Robinson

Construing Illinois law, a federal district court held that plaintiff’s wrongful death action against the decedent’s employer was barred by the exclusive remedy provisions of the Illinois Workers’ Compensation Act [see 820 ILCS 305/5... 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

Larson’s Spotlight on Recent Cases: Mother of Injured Worker Dies From Stress Related to Comp Claim
Posted on 19 Nov 2012 by Larson's Spotlight

Larson's Spotlight on Exclusive Remedy, Fraud, Forfeiture of Future Disability Rights, and Extraordinary and Unusual. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Larson’s Spotlight on Recent Cases: Non-Dependent Spouse Precluded From Death Benefits and Barred From Bringing Death Claim
Posted on 15 Jun 2012 by Larson's Spotlight

Larson's Spotlight on Non-Dependent Spouse and Death Benefits, Fraud and Surveillance Video, Tort Action Against Sole Proprietor, and Statute of Limitations for PTSD Claim. Larson's surveys the latest case developments that you need to know about... Read More

Larson’s Spotlight on Recent Cases: Court Bars Medical Expert Testimony on Sick Building Syndrome
Posted on 7 Sep 2012 by Larson's Spotlight

Larson's Spotlight on Sick Building Syndrome, Wrongful Death and Exclusive Remedy, Retaliatory Discharge, and Unexplained Fall. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

PA: Wrongful Death Case Involving Minor Allegedly Intoxicated at Work Poses Interesting Workers' Comp Question
Posted on 26 Apr 2010 by LexisNexis Workers' Comp Law Newsroom Staff

WESTMORELAND COUNTY, PA - A wrongful death action against the owners of a Ramada Inn for allegedly allowing a 17-year-old employee to drink on the job and then drive home drunk with tragic consequences raises an interesting question about how Pennsylvania... Read More