Workers' Compensation

Recent Posts

New Jersey: Leased Worker's Tort Action Against Borrowing Employer Barred by Exclusivity
Posted on 27 Aug 2020 by Thomas A. Robinson

A tort action filed by a worker who had been assigned to a firm that utilized forklifts in its warehouse area cannot proceed since the worker's exclusive remedy was pursuant to the New Jersey Workers' Compensation Act, held a state appellate court... 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

Texas: High Court Clarifies Texas Version of "Substantially Certain" Test in Intentional Tort Actions Against Employers
Posted on 28 Jun 2020 by Thomas A. Robinson

The Supreme Court of Texas, providing a clear and exhaustive discussion of the state's special utilization of the so-called "substantially certain" standard to be utilized in intentional tort actions filed by employees against their employers... Read More

Connecticut: Worker Suffers Amputation Injury But Fails to Show Intentional Tort
Posted on 28 Jun 2020 by Thomas A. Robinson

A trial court was correct in finding that a plaintiff-employee had failed to establish an issue of fact in his intentional tort civil action filed against the employer following a serious injury in which the worker's leg was severed above his knee... Read More

United States: Law Firm's Security Officer Could Not Sue Firm in Tort for Alleged "Pain and Suffering" Injuries
Posted on 27 Jun 2020 by Thomas A. Robinson

A former law firm security officer may not maintain a civil action against his former employer for alleged Title VII discrimination, wrongful termination, and “pain and suffering” injuries allegedly suffered by the plaintiff following an altercation... 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

Iowa: Court Overturns $7 Million Verdict Against Co-Employee
Posted on 5 Jan 2020 by Thomas A. Robinson

An Iowa appellate court, following the “narrow” exception to co-employee immunity established in Thompson v. Bohlken , 312 N.W.2d 501, 505 (Iowa 1981), held that a state trial court was correct when it granted a defendant/co-employee a judgment... 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

North Carolina: Insurer’s Anti-Fraud Actions May Backfire into Punitive Damages
Posted on 7 Sep 2018 by Thomas A. Robinson

An injured worker, who sustained catastrophic injuries that initially rendered him comatose and which ultimately resulted in significant behavioral and memory deficits, including deficits in executive functioning, problem solving, planning, and balance... Read More

United States: Teacher May Not Sue School for Injuries Sustained in Breaking Up Student Fight
Posted on 15 Aug 2018 by Thomas A. Robinson

Construing Minnesota law, the Eighth Circuit Court of Appeals affirmed a federal district court’s decision to grant summary judgment in favor of a Minnesota school district that had been sued by a teacher who sustained serious injuries when he attempted... Read More

WV: Intentional Tort Exception to Exclusivity Applies to Employers Only, Not Co-Employee Supervisors
Posted on 8 Nov 2013 by Larson's Spotlight

Answering a certified question presented by a U.S. District Court (S. D. W. Va.) regarding whether a “deliberate intent” cause of action pursuant to W. Va. Code § 23–4–2(d)(2)(ii) may be brought against a non-employer “person... Read More

New York: Removal of Safety Screen Was Insufficient to Support Intentional Tort
Posted on 23 Aug 2013 by Larson's Spotlight

A divided New York appellate court, applying the exclusive remedy provisions of the New Jersey Workers’ Compensation Act—the employee’s injury occurred there—recently held that a trial court properly granted summary judgment to... Read More

WY: Employee’s Intentional Tort Action Against Co-Employees Fails
Posted on 18 Oct 2013 by Larson's Spotlight

As noted in Larson’s Workers’ Compensation Law , §§103.03, 103.04, when construing the intentional tort exception to a state’s Workers’ Compensation Act, most jurisdictions say “intent means intent,” that... Read More

Ohio: Intentional Tort Action Against Employer Fails
Posted on 3 Jan 2014 by Larson's Spotlight

An Ohio appellate court has affirmed a trial court’s summary judgment decision in favor of an employer in an injured employee’s intentional tort claim, agreeing with the trial court that the employee failed to show the employer intended to... Read More

Florida: Construction Worker’s Intentional Tort Action Fails Under “Virtually Certain” Standard
Posted on 2 Aug 2013 by Larson's Spotlight

Construing the state’s intentional tort exception to workers' compensation immunity (§ 440.11(1)(b), Fla. Stat.), a Florida appellate court recently affirmed a trial court’s entry of final summary judgment in favor of plaintiff’s... Read More