Answering a restated certified question from the U.S. District Court (Eastern District of Virginia), the Supreme Court of Virginia, in a deeply divided 4-3 decision, held that an employer owed a duty of care to an employee's family member who alleged... Read More

Construing Oklahoma law, the Tenth Circuit Court of Appeals reversed a federal district court’s dismissal of a negligence action filed against the sole stockholder of a worker’s employer, finding the district court failed to consider the stockholder's... Read More

Under California’s “required vehicle” exception to the going and coming rule, injuries sustained during the commute are said to arise out of and in the course of the employment if the employer required the employee to utilize her personal... Read More

California employer found not negligent in connection with employee’s negative reaction to flu vaccination. Workers’ compensation insurer was entitled to $414,000 credit from third-party recovery by injured employee again flu vaccination manufacturer... Read More

A New York court has found, in relevant part, that the exclusive remedy defense may not be maintained by a former employer in a civil action filed against it by plaintiffs, all former lifeguards at the defendant's parks, alleging that defendant surreptitiously... Read More

Here’s the fourth batch of advanced postings for the January 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... Read More

Where a surviving spouse of a worker killed in a work-related car accident filed a wrongful death action in a state court and joined a separate federal wrongful death action filed by her son, and the parties eventually settled the claim with the federal... Read More

Conn. Gen. Stat. § 31–293a creates several exceptions to the otherwise applicable rule that a workers’ compensation claim for benefits is the exclusive remedy that an employee may pursue against a fellow employee. One such exception allows... Read More

Citing Garcia v. Pittsylvania County Service Authority , 845 F.2d 465 (4th Cir. 1988), the Fourth Circuit Court of Appeals affirmed a federal district court’s dismissal, on exclusive remedy grounds, of a negligence action filed by a North Carolina... Read More

Changes to section 287.120.1 lowered the burden of proof to sue a co-worker based on common law, according to the court of appeals, when it reversed a dismissal for failure to state a claim. Leeper v Asmus WD 76772 (May 27, 2014), 2014 MO App Lexis 605... Read More

Here’s the fourth batch of advanced postings for the April 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights... Read More

Noting that a federal court sitting in diversity must apply the choice-of-law rules of the state in which it sits—here that of Mississippi—a federal district court held that an injured employee of a subcontractor could not sue the general... Read More

In a personal injury case involving a workers’ compensation nonsubscriber, a Texas appellate court affirmed, for the most part, a judgment favoring an employee who sustained injuries when he was struck by a bundle of large-gauge wire used to make... Read More

While a business entity’s injured employees might state a claim against third parties for their physical injuries allegedly caused by those third parties’ negligence, the business entity itself, which has suffered neither a physical injury... Read More

Stating the general rule, that for purposes of the N.Y. Workers’ Compensation Law, the receipt of workers’ compensation benefits from a general employer precludes an employee from commencing a negligence action against the special employer... Read More