Workers' Compensation

Recent Posts

Wisconsin: Employee’s Tort Action Against Comp Insurer Barred by Exclusive Remedy
Posted on 3 Aug 2021 by Thomas A. Robinson

The Supreme Court of Wisconsin, in a split decision, held that an injured employee’s civil action against his employer’s workers’ compensation insurer for damages arising out of its refusal to continue to pay for his antidepressant medication—he... Read More

Mississippi: Fatal Shooting During Firearms Training Session Does Not Support Tort Action Against Employer
Posted on 26 Dec 2020 by Thomas A. Robinson

A Mississippi appellate court affirmed a state trial court's decision granting summary judgment to the state, as employer, on workers' compensation exclusive remedy grounds following the fatal shooting of a state Gaming Commission employee during... Read More

New York: Minor's Fatal Injuries Do Not Support Intentional Tort Action Against Farm Owner
Posted on 26 Jul 2020 by Thomas A. Robinson

The mother of a 14-year-old part-time farm worker, who suffered fatal injuries in an unwitnessed roll-over accident involving a piece of heavy machinery, may not maintain a civil action against the farm owner, held a New York appellate court. Affirming... 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

Idaho: Split Supreme Court Adopts Reckless Standard in Intentional Tort Cases
Posted on 20 Jan 2020 by Thomas A. Robinson

In a decision that is likely to have broad and long-reaching ramifications, a divided Supreme Court of Idaho, following a rehearing in a case decided one year earlier, threw out its earlier decision and adopted a rule that allows an injured employee to... Read More

United States: West Virginia Retaliatory Discharge Action May Not Be Removed to Federal Court
Posted on 19 Dec 2019 by Thomas A. Robinson

Because a retaliatory discharge action was “integrally related” to the West Virginia Workers’ Compensation Act, it could not be removed to federal court under 28 U.S.C.S. § 1445(c), held the U.S. District Court for the Southern... Read More

Texas: Family of Deceased Worker Fails to Maintain Gross Negligence Action Against Employer
Posted on 17 Jul 2019 by Thomas A. Robinson

Construing the special exception to the Texas version of the exclusive remedy rule—that the survivors of an employee may maintain a wrongful death action against the employer if the employee's death was caused by an intentional act or omission... Read More

New Jersey: Former Pharmaceutical Employee May Not Proceed in Tort Against Employer for Alleged Injuries Due to Unapproved Nasal Spray
Posted on 17 Jul 2019 by Thomas A. Robinson

Construing New Jersey’s “substantially certain” rule, as applied to intentional tort claims filed against employers and co-employees, a state appellate court held that a former employee of a pharmaceutical company could not move forward... Read More

Vermont: Supreme Court Sticks to Earlier Decision—“Substantial Certainty” Rule May Not be Used in Intentional Tort Cases
Posted on 19 Oct 2018 by Thomas A. Robinson

The Supreme Court of Vermont again refused to adopt the “substantial certainty” rule for intentional tort cases filed by an injured employee against an employer. Citing its earlier decision in Kittell v. Vermont Weatherboard, Inc. , 138 Vt... Read More

Washington: Tasered Trooper’s Tort Action Against State Patrol Not Barred By Exclusive Remedy Rule
Posted on 2 May 2014 by Larson's Spotlight

A Washington state appellate court held that the state’s exclusive remedy rule did not bar a trooper’s tort action alleging deliberate intentional infliction of “certain injury” sustained when he was “shot” with a Taser... 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

Kentucky: Self-Insurance Fund Responsible for 30 Percent Enhancement of Benefits for Insolvent Employer’s Safety Violation
Posted on 20 Oct 2017 by Thomas A. Robinson

Ky. Rev. Stat. Ann. 342.165(1), which provides for a 30 percent increase in workers’ compensation benefits where the workplace accident is caused in any degree by the intentional failure of the employer to comply with certain specific safety regulations... Read More

West Virginia: Worker Loses His “Deliberate Intention” Action Against Employer
Posted on 16 Mar 2018 by Thomas A. Robinson

The Supreme Court of Appeals reversed a trial court’s denial of post-trial motions following an adverse jury verdict in a “deliberate intention” action filed pursuant to W. Va. Code § 23-4-2(d)(2)(ii) (2005). The plaintiff, who... 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

Alabama: Removal of Safety Equipment Does Not Expose Employer to Tort Liability
Posted on 8 Apr 2016 by Larson's Spotlight

Allegations that an employer removed “explosion doors” from a furnace and that a furnace explosion subsequently injured a furnace operator were insufficient to state a cause of action against the employer; the claim was barred by the exclusive... Read More