Workers' Compensation

Recent Posts

Virginia: Shipyard Owed Duty of Care Not to Expose Worker’s Family Members to Asbestos Fibers on Worker’s Clothing
Posted on 19 Oct 2018 by Thomas A. Robinson

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

United States: Shareholder/Owner of Equipment May Be Liable in Tort to Injured Employee
Posted on 21 Jun 2018 by Thomas A. Robinson

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

California: “Required Vehicle” Exception to Going and Coming Rule May Be Utilized in 3rd Party’s Negligence Action Against Employer
Posted on 20 Sep 2013 by Larson's Spotlight

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

Flu Shots for Employees: Don’t Hurry Through the Screening Process During Employer-Provided Inoculations
Posted on 12 May 2014 by Thomas A. Robinson

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

New York: Exclusive Remedy Defense Is Not Available to Village Accused of Videotaping Lifeguards Changing Into Bathing Suits
Posted on 7 Mar 2014 by Larson's Spotlight

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

Defendant Entitled to Credit for Applicant’s $5M Third-Party Settlement in Plumbing Explosion: Cal. Comp. Cases January Advanced Postings (1/21/2015)
Posted on 21 Jan 2015 by California Compensation Cases Staff

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

Kansas: Widow’s Motion to Characterize Wrongful Death Recovery as Exempt from Subrogation Rules Found Barred
Posted on 13 Apr 2018 by Thomas A. Robinson

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

Connecticut: “Payloader” Is Not Motor Vehicle for Purposes of Special Rule Allowing Tort Action Against Fellow Employee
Posted on 17 Apr 2015 by Larson's Spotlight

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

Federal: 4th Circuit Applies Virginia Law to Bar Construction Worker’s Action Against Subcontractor
Posted on 23 Jan 2015 by Larson's Spotlight

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

Missouri: Negligence Lawsuit Allowed Against Co-Worker On ‘Something Less’
Posted on 28 May 2014 by Martin Klug

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

Employer 90 Percent at Fault for Applicant’s Burn Injuries: Cal. Comp. Cases April Advanced Postings (4/16/2014)
Posted on 17 Apr 2014 by California Compensation Cases Staff

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

Federal: Court Forced to Choose Between Conflicting State Versions of Exclusive Remedy Rule
Posted on 7 Nov 2014 by Larson's Spotlight

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

Texas: Court Affirms Judgment on $680,000 Verdict Against Non-Subscribing Employer
Posted on 4 Sep 2015 by Larson's Spotlight

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

New Mexico: Employer May Not Sue Third Party for Increased Comp Premiums and Other Collateral Damages
Posted on 11 Dec 2015 by Larson's Spotlight

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

New York: Special Employer Is Immune From Tort Liability Related to Temporary Employee’s Injuries
Posted on 18 Sep 2015 by Larson's Spotlight

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