Workers' Compensation

Recent Posts

Utah: Injured Worker’s Tort Action Against IME Physician Properly Dismissed
Posted on 30 Aug 2021 by Thomas A. Robinson

There is no physician-patient relationship between an independent medical examiner and a workers’ compensation claimant, held a Utah appellate court. In the absence of such a relationship, the physician did not owe the claimant the sort of duty... Read More

New York: Related Entity is Not Employer's Alter Ego; Tort Suit May Continue
Posted on 26 Dec 2020 by Thomas A. Robinson

Acknowledging that if one business entity was the alter ego of another, the former could not be sued in tort for injuries sustained by an employee of the "alter ego" entity, a New York appellate court found the defendant-business entity failed... Read More

Pennsylvania: Truck Driver May Sue Well Owner and Service Company in Tort -- No Statutory Employer Relationship
Posted on 27 Aug 2020 by Thomas A. Robinson

A divided Pennsylvania appellate court held a well owner and a separate firm that provided specialized services at the well were not statutory employers of a truck driver who contended he sustained injuries when a faulty storage tank value caused the... Read More

United States: Awareness of Danger Does Not Equal Intent to Injure under TN Law
Posted on 30 Jan 2020 by Thomas A. Robinson

Applying Tennessee law and citing Larson’s Workers’ Compensation Law , the Sixth Circuit Court of Appeals, in a divided decision, agreed that a Tennessee employer could not be liable for an intentional tort in connection with horrific injuries... Read More

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: 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

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

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

Alaska: Former Employee May Proceed Against Physician and Employer’s Attorney Involved in Attempt to Terminate Workers’ Compensation Benefits
Posted on 19 Aug 2016 by Thomas A. Robinson

In a split decision, the Supreme Court of Alaska held that where a plaintiff (a former employee) and his spouse sued the former employer, its workers’ compensation insurer, a private investigator, the employer’s attorney, and a doctor who... 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