Workers' Compensation

Recent Posts

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

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

Comfort & Joy, Part II: DE Supreme Court Delivers Gift in Section 2311 Contractor Case
Posted on 27 Nov 2012 by Cassandra Roberts

I heard from Bob Richter, as well as John Ellis, on Thanksgiving Eve, and you have them to thank for today's post. As Bob succinctly offers: Cassandra, The Supreme Court affirmed. I am delighted. Happy Thanksgiving. The issue: For this to make... Read More

Illinois: General Contractor May Not Take Advantage of Settlement Agreement It Did Not Sign
Posted on 23 Jun 2016 by Larson's Spotlight

Where a worker settled his workers’ compensation claim and signed a settlement agreement that released his direct employer and a purported general contractor from liability for any claims arising out of the worker’s work-related accident,... Read More

Louisiana: $13 Million Intentional Tort Verdict and Judgment Overturned as to Statutory Employer
Posted on 6 Jun 2014 by Larson's Spotlight

Reversing a judgment rendered in favor of plaintiffs after an eight-day trial in which the jury in relevant part found a general contractor liable to its statutory employee for an “intentional act,” a Louisiana appellate court ruled that the... Read More

California Workers' Compensation Cases Roundup (3/23/2012)
Posted on 24 Mar 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 2 February 2012 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE... Read More

Virginia: Real Estate Developer Is Subject to Wrongful Death Action for Contractor’s Employee
Posted on 7 Mar 2014 by Larson's Spotlight

In a split decision, the Supreme Court of Virginia held that the trial court erred when it sustained a plea in bar and dismissed a wrongful death action filed against a property owner by the estate of a general contractor’s employee who was killed... Read More

Federal: Court Forced to Choose Between Conflicting State Versions of Exclusive Remedy Rule
Posted on 7 Nov 2014 by Larson's Spotlight

Noting that a federal court sitting in diversity must apply the choice-of-law rules of the state in which it sits—here that of Mississippi—a federal district court held that an injured employee of a subcontractor could not sue the general... Read More

Sweet Caroline’s Excellent Adventure…..and a Lack of Due Diligence in Delaware as It Relates to Section 2311 Liability
Posted on 12 Jun 2013 by Cassandra Roberts

I heard from Fred Freibott last evening with a recent case involving Section 2311 contractor liability. Since friends don't let friends remain ignorant of the law as to Section 2311, I thought I owed y'all a post. The case is Gregory Otter v.... Read More

Mississippi: General Contractor Waives Exclusive Remedy Defense by Waiting 26 Months Before Filing Summary Judgment Motion
Posted on 25 Sep 2015 by Larson's Spotlight

The Supreme Court of Mississippi held that a general contractor waived its right to utilize the exclusive remedy defense where it was sued by the survivors of a worker employed by a subcontractor and for 26 months, it actively participated in litigating... 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

Federal: Issue of Fact Regarding Control Means Tort Action May Proceed Against General Contractor
Posted on 22 Jan 2016 by Larson's Spotlight

Where a subcontractor’s worker sustained serious injuries when he attempted to use a grinder—owned by the project’s contactor and which did not have a required safety guard—and where there was a conflict in the evidence as to whether... Read More

New Jersey: Court Crafts Instructions to Allow Employer’s Participation in Tort Action Where Contractual Indemnification Is an Issue
Posted on 14 Aug 2015 by Larson's Spotlight

Where the general contractor on a construction project had been sued in tort by the estate of a subcontractor’s employee and, in turn, the general contractor claimed it was entitled to contractual indemnification from the deceased employee’s... Read More

California Workers’ Compensation Case Roundup 4/12/2011
Posted on 13 Apr 2011 by California Compensation Cases Staff

Vol. 76 No. 3 March 2010 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review IMPORTANT NOTE: Lexis.com subscribers can link... Read More

California Workers' Compensation Cases Roundup (3/23/2012)
Posted on 24 Mar 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 2 February 2012 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS... Read More