Workers' Compensation

Recent Posts

Larson’s Spotlight on Recent Cases: Claimant With Bilateral Carpal Tunnel Syndrome Found Totally and Permanently Disabled Under Odd-Lot Doctrine
Posted on 27 Apr 2012 by Larson's Spotlight

Larson's Spotlight on Odd-Lot Doctrine, Exclusive Remedy, Retaliatory Discharge, and Disfigurement Award. 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

Larson’s Spotlight on Recent Cases: Worker Awarded Additional Benefits When Retirement Not Voluntary
Posted on 3 Aug 2012 by Larson's Spotlight

Larson's Spotlight on Retirement, Tort Action Against Carrier, Toxic Tort and Exclusive Remedy, and Snake Bite. 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

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

Opt-Out Lessons From Lone Star State
Posted on 7 Apr 2016 by Thomas A. Robinson

Shining the Real Light on So-Called Texas Opt Outs By Thomas A. Robinson, co-author Larson’s Workers’ Compensation Law As Lex Larson and I point out in the opening article in Workers’ Compensation Emerging Issues Analysis , 2015... Read More

Utah: Employer’s Knowledge of Earlier Accident on Same Day May Point to Intentional Tort
Posted on 11 Sep 2015 by Larson's Spotlight

A divided Supreme Court of Utah held that a dispute of a material fact precluded summary judgment in an intentional tort action filed by a plaintiff-employee against the employer where the employee produced evidence that when another worker added sulfuric... Read More

United States: Michigan Federal Court Reiterates that RICO May Not Be Used for Bad Faith Claims
Posted on 27 Jan 2017 by Thomas A. Robinson

Citing two earlier precedents, a federal district court sitting in Michigan has once again ruled, in pertinent part, that racketeering activity leading to a loss or diminution of benefits that a plaintiff expects to receive under a state workers compensation... Read More

Indiana: Injured Employee May Not Sue Employer’s Corporate Parent
Posted on 12 Feb 2016 by Larson's Spotlight

Where an employee working for a subsidiary of AT&T, Inc. tripped and fell over the snow-covered legs of a construction sign placed in a walkway adjacent to an ongoing construction project at the AT&T building in downtown Indianapolis, she could... 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

New York: Tort Suit Against Co-Employee Not Barred Where Accident Occurred Near, But Away from Employer's Premises
Posted on 1 Mar 2018 by Thomas A. Robinson

The defendant employee’s employment ended when he entered his car, drove away from an employer-controlled parking lot, and struck a co-employee who had entered a cross-walk on a street that circled the employer’s campus. Accordingly, it was... 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: Uninsured Employers’ Fund and Insolvency of Employee Leasing Company’s Workers’ Comp Carrier
Posted on 19 Oct 2012 by Larson's Spotlight

Larson's Spotlight on Uninsured Employers' Fund, Voluntary Withdrawal From Labor Market, Bad Faith, and Going and Coming. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Federal: Employee Terrorized in “Active Shooter Drill” May Sue Employer in Tort
Posted on 8 May 2015 by Larson's Spotlight

Allegations by a nursing home employee that her employer secretly arranged an “active shooter drill” in which an on-duty Carbondale, CO police officer posed as a “gunman,” that the officer burst into the work area and held the... Read More

Florida: Injured Worker May Not Rely on Affidavit to Contradict Her Own Prior Testimony to Defeat Summary Judgment Motion
Posted on 31 Oct 2014 by Larson's Spotlight

A Florida appellate court affirmed a trial court’s decision granting summary judgment in favor of a defendant that claimed it was immune from suit under the exclusive remedy provisions of the Florida Workers’ Compensation Act because the plaintiff... Read More

North Carolina: Employee’s Tort Action Against Plant Nurses Fails Because of Exclusive Remedy Defense
Posted on 11 Aug 2016 by Thomas A. Robinson

The Court of Appeals of North Carolina affirmed a dismissal of a plaintiff-employee’s medical malpractice action against two registered nurses who were employed at a packing company’s medical clinic where it appeared the plaintiff was also... Read More

Federal: Employee’s Civil Action for Damages Associated With Radioactive Dust May Proceed
Posted on 26 Feb 2016 by Larson's Spotlight

Allegations that an employer knew of the risks and dangers of encountering failed radioactive fuel plates when it ordered an employee to repackage and/or continue the repackaging process, that it failed to warn the employee of the dangers, failed to follow... Read More