Workers' Compensation

Recent Posts

Utah: High Court Remands Case to Determine If Lead Poisoning Was Occupational Disease or Physical Injury Claim
Posted on 1 Jan 2022 by Thomas A. Robinson

The Supreme Court of Utah noted that although the intentional tort exception to workers’ compensation exclusivity clearly applied to claims governed by the state’s Workers’ Compensation Act (WCA), the issue had never been decided for... Read More

Alabama: Substantially Certain Tort Claim Fails Against Co-Employees
Posted on 3 Aug 2021 by Thomas A. Robinson

Utilizing the co-employee “intentional injury” exception to Alabama’s exclusive remedy rule [see Ala. Code § 25-5-11(b)], the Supreme Court of Alabama affirmed a trial court’s decision to grant summary judgment in favor of... 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

United States: Hazardous Exposure Suit Barred by Exclusive Remedy Defense
Posted on 9 Dec 2020 by Thomas A. Robinson

Construing Louisiana law, the Fifth Circuit Court of Appeals, in an unpublished decision, agreed with a federal district court that a former employee could not maintain a civil action against two former employers based on his theory that work-related... Read More

Ohio: Intentional Injury Claim After Fatal Trench Cave-In Denied
Posted on 18 Oct 2020 by Thomas A. Robinson

Where an employee was killed in a trench collapse accident, his estate could not maintain an intentional tort action against the employer where the evidence indicated the employer ceased all work on the trench when the employer's supervisors became... Read More

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