Workers' Compensation

Recent Posts

Iowa: Third-Party Administrators Immune from Bad Faith Claims
Posted on 30 May 2019 by Thomas A. Robinson

A common law cause of action for bad-faith failure to pay workers’ compensation benefits may not be pursued against a third-party administrator of a workers’ compensation insurer, held the Supreme Court of Iowa, in a divided (5-2) decision... Read More

Rhode Island: Co-Employee Immunity to Tort Liability Extends Even to Instigator of Dangerous Horseplay
Posted on 26 Apr 2019 by Thomas A. Robinson

The exclusive remedy provision of the Rhode Island Workers’ Compensation Act is so strong, held the state’s Supreme Court, that it shielded a co-employee from tort liability in a dangerous incident involving horseplay. The evidence indicated... Read More

North Carolina: Special Employer is Immune From Tort Liability
Posted on 8 Feb 2019 by Thomas A. Robinson

Where a plywood manufacturer recruited a worker as a candidate for a mechanic position in its maintenance department, undertook the right to control the worker’s day-to-day work activities, controlled the work the worker performed and paid him an... Read More

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

Ohio: Worker’s Estate May Not Sue Bureau of Workers’ Compensation Re Alleged Faulty Inspections
Posted on 4 Jan 2019 by Thomas A. Robinson

The estate of an Ohio employee who sustained fatal injuries in an extrusion press accident may not maintain a civil action against the state’s Bureau of Workers’ Compensation (“BWC”) for its alleged negligent provision of safety... Read More

Washington: Co-employee Immunity Applies Only When Defendant Acting in the Course of Employment
Posted on 9 Oct 2015 by Larson's Spotlight

An appellate court in Washington state held that it was error for a trial court to grant summary judgment in favor of a defendant, on exclusive remedy grounds, where the plaintiff alleged he was struck by a vehicle driven by the defendant, a fellow employee... Read More

New York: School Paraprofessional's Civil Action Against Custodian Fails
Posted on 16 Feb 2018 by Thomas A. Robinson

A paraprofessional working at a Staten Island school, who sustained injuries when she slipped and fell on a wet floor in the school cafeteria, may not maintain a civil action in negligence against the school custodian engineer and a school custodial assistant... Read More

Washington: Employee Can Sue Co-Employee in Tort for Injuries Sustained in After-Hours Accident
Posted on 14 Jan 2017 by Thomas A. Robinson

Adopting the dominant rule discussed in Larson’s Workers’ Compensation Law , Ch. 111, § 111.03, the Supreme Court of Washington held that a co-employee enjoys immunity under the exclusive remedy provisions of the state’s workers’... 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

North Carolina: Workers’ Involved in “Ultra-hazardous” Activity May Not Sue Employers in Tort
Posted on 10 Feb 2017 by Thomas A. Robinson

A North Carolina appellate court held that the exclusive remedy provisions of the state’s Workers’ Compensation Act apply to bar civil actions against the employer for all employees—even those that are engaged in “ultra-hazardous”... Read More

Texas: Statutory Employer Was Not Immune from Tort Liability
Posted on 23 Feb 2018 by Thomas A. Robinson

In a decision that may produce ripples within the Texas construction industry, a state appellate court held that in order to enjoy the exclusive remedy defense, Tex. Lab. Code Ann. § 406.123(a) requires a general contractor to do something more than... Read More

Oklahoma: Employer’s Shareholder Not Always Shielded by Exclusive Remedy Doctrine
Posted on 16 Mar 2018 by Thomas A. Robinson

In a split decision, the Supreme Court of Oklahoma, answering a certified question for the Tenth Circuit Court of Appeals, held the state’s Administrative Workers’ Compensation Act fully abrogated the so-called “dual-capacity”... Read More

Kentucky: Opioid Dependence Results in Loss of Co-Employee Immunity in Tort Action
Posted on 13 Oct 2017 by Thomas A. Robinson

A school bus driver was not entitled to rely upon Kentucky’s fellow-immunity rule in a tort action filed against her, since there was sufficient evidence to support the jury’s finding that the defendant driver was voluntarily intoxicated at... Read More

Illinois: Parent Corporation Paying Comp Benefits to Subsidiary’s Employee is Immune Only If Obligated to Provide Such Benefits
Posted on 7 Aug 2015 by Larson's Spotlight

Where a parent corporation paid workers’ compensation benefits for employees of a subsidiary, it enjoyed immunity from negligence claims under 820 ILCS 305/5(a) (2012) only if it was under a legal obligation to pay the benefits, held an Illinois... Read More

Georgia: “Fault” of Employer Can Be Considered in Plaintiff Employee’s Tort Action Against Third Party
Posted on 10 Jul 2015 by Larson's Spotlight

Georgia’s apportionment statute, OCGA § 51-12-33(c) requires the trier of fact to consider the “fault” of all persons or entities that have contributed to the plaintiff’s alleged injury or damages, including nonparties. The... Read More