Workers' Compensation

Recent Posts

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

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

Connecticut: Supervisor’s Actions Did Not Support Intentional Tort Action; Supervisor Not Alter Ego of Employer
Posted on 4 Jul 2013 by Larson's Spotlight

The Supreme Court of Connecticut recently affirmed a trial court’s Order granting summary judgment in favor of an employer in a civil action alleging intentional tort filed against it by an injured employee in spite of the employee’s contentions... 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

Larson’s Spotlight on Recent Cases: Claimant’s Right to Record Independent Medical Examination
Posted on 30 Nov 2012 by Larson's Spotlight

Larson's Spotlight on Independent Medical Examination, Intoxication, Intentional Tort, and Defense Base Act. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More

Oklahoma: Intentional Tort Case May Continue Under “Substantially Certain” Rule
Posted on 8 Jul 2016 by Larson's Spotlight

The Supreme Court of Oklahoma held that there were material issues of fact as to whether the decedent’s employer knew that injury or death was substantially certain to result from the task decedent and his coworkers were directed to complete and... Read More

United States: Surviving Spouse May Not Maintain Tort Action Against Employer Following Robbery and Murder
Posted on 31 Mar 2017 by Thomas A. Robinson

The surviving spouse of a woman who worked at a Virginia apartment complex and who sustained fatal injuries when she was attacked and stabbed by a robber cannot maintain a civil action against the employer; the tort action was barred by the exclusive... Read More

Ohio: Worker’s Intentional Tort Action Against Employer Fails
Posted on 24 Apr 2015 by Larson's Spotlight

An Ohio appellate court agreed with a trial court that an employer could not be held liable, under an intentional tort theory, for serious injuries sustained by an employee who suffered amputation of both legs when two bundles of steel, each weighing... Read More

West Virginia: Insurer Has No Subrogation Interest Since Benefits “Paid” Under Policy Were Less than Employer’s Large Deductible
Posted on 16 Jun 2016 by Larson's Spotlight

Under the West Virginia subrogation statute [W. Va. Code § 23–2A–1], a party is entitled to a lien only to the extent that it has actually paid a sum of money. Accordingly, where a mining electrician suffered catastrophic injuries when... Read More

Larson’s Spotlight on Recent Cases: Extended Premises Doctrine Applied to Slip and Fall Case
Posted on 9 May 2013 by Larson's Spotlight

Larson's Spotlight on Premises Doctrine, Intentional Tort, Occupational Disease, and Covered Situs. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... Read More