Workers' Compensation

Recent Posts

South Carolina: $14 Million Verdict Stands Since Worker Was Not Statutory Employee of Manufacturer
Posted on 8 Mar 2019 by Thomas A. Robinson

Affirming a judgment entered on a $14 million verdict in a mesothelioma case against a former textile manufacturer, the South Carolina Court of Appeals held that the deceased maintenance worker was not the statutory employee of the defendant’s predecessor... Read More

California Workers' Comp Case Roundup (6/14/2014)
Posted on 14 Jun 2014 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 79 No. 5 May 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE... Read More

Illinois: Exclusive Remedy Barred Case In Spite of Fact That Worker Contracted Mesothelioma After Statute of Limitations Had Run
Posted on 13 Nov 2015 by Larson's Spotlight

The exclusive remedy provisions of the Illinois Workers’ Compensation Act and the Illinois Workers’ Occupational Diseases Act (collectively “the Acts”) bar an employee’s cause of action (and that of his or her estate) against... Read More

Washington: Widow’s Wrongful Death Action for Husband’s Mesothelioma Barred by Exclusivity
Posted on 26 Sep 2014 by Larson's Spotlight

Washington state courts may not use the “substantially certain” test to determine whether an employer’s actions against an injured worker were intentional, again held the Supreme Court of Washington in a split decision. Accordingly,... Read More

California: Exclusive Remedy Provision Bars Separate Suit Related to Asbestos-Laden Pipes Carried Home for Home Projects
Posted on 25 Sep 2015 by Larson's Spotlight

Where survivors of a worker who died of asbestos-related mesothelioma sued the employer, a pipe manufacturer, for wrongful death, alleging that in addition to his workplace exposure to asbestos, the worker was also permitted to take waste or scrap pipe... Read More

Missouri: M is for Meso
Posted on 21 Feb 2014 by Martin Klug

Missouri has radically changed the comp rules for workers with mesothelioma with a new category of “occupational disease due to toxic exposure.” What is mesothelioma? Mesothelioma is a rare and highly aggressive disease related to asbestos... Read More

Decedent Electrician Suffered Injurious Exposure to Asbestos Fibers: Cal. Comp. Cases June Advanced Postings (6/9/2015)
Posted on 10 Jun 2015 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights... Read More

MO: Western District Announces 'Open Season' On Employers
Posted on 15 Sep 2011 by Martin Klug

Just when Missouri business was feeling good about things after comp reform, the court of appeals has now announced open season and allows claimants with occupational disease cases to go after their employers in circuit court instead of comp. State ex... Read More

Missouri: Court Keeps Civil Case Alive for Work-place Injury
Posted on 14 Dec 2011 by Martin Klug

The employer lost its summary judgment in a suit by an employee involving an injury at work based on a plain error review by the court of appeals. The claimant had a pending worker's compensation case which had not resolved whether claimant had an... Read More

MO: Western District Announces 'Open Season' On Employers
Posted on 15 Sep 2011 by Martin Klug

Just when Missouri business was feeling good about things after comp reform, the court of appeals has now announced open season and allows claimants with occupational disease cases to go after their employers in circuit court instead of comp. State ex... Read More

Five Recent Cases You Should Know About (7/23/2010)
Posted on 23 Jul 2010 by Larson's Spotlight

Larson's Spotlight on Filing of Claim, Accidental Injury vs. Normal Work Routine, Mesothelioma Death Claim, Post-Traumatic Stress Claim, and Occupational Disease. Larson's surveys the latest case developments that you need to know about. Thomas... Read More

Missouri: Court Keeps Civil Case Alive for Work-place Injury
Posted on 14 Dec 2011 by Martin Klug

The employer lost its summary judgment in a suit by an employee involving an injury at work based on a plain error review by the court of appeals. The claimant had a pending worker's compensation case which had not resolved whether claimant had an... Read More

Duane Morris Alert: Pa. Supreme Court to Address Exclusivity of Pa. Workers' Compensation Act in Asbestos Cases
Posted on 10 Jun 2011 by Duane Morris LLP

By Kenneth M. Argentieri and Gerald J. Schirato, Jr. , Attorneys, Duane Morris LLP The Supreme Court of Pennsylvania recently accepted petitions for allowance of appeal in two similar cases- Landis v. A.W. Chesterton Co. [1] and Tooey v. AK Steel... Read More

Five Recent Cases You Should Know About (8/27/2010)
Posted on 28 Aug 2010 by Larson's Spotlight

Larson's Spotlight on Bystander Exposure, Subpoena in Fraud Case, Exclusive Remedy Rule, Job Demotion, Surveillance Evidence. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Five Recent Workers’ Comp Cases You Should Know About (7/1/2011) – Employer Who Knowingly Hires Illegal Alien May Not Oppose Claim Based on Illegal Status
Posted on 1 Jul 2011 by Larson's Spotlight

Larson's Spotlight on Illegal Alien, Mesothelioma, Unexplained Death, Average Weekly Wage, and Cab Driver as Independent Contractor. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer... Read More