Workers' Compensation

Recent Posts

North Carolina: Police Officer Loses Retaliatory Discharge Action
Posted on 4 Jul 2019 by Thomas A. Robinson

In an opinion not designated for publication, the Court of Appeals of North Carolina affirmed a trial court’s order granting the defendant/employer summary judgment in a retaliatory discharge action filed against it by a former police officer who... Read More

Oklahoma: Retaliatory Discharge Statute is Constitutionally OK in Spite of Lack of Access to Jury
Posted on 30 May 2019 by Thomas A. Robinson

Under Oklahoma’s retaliatory discharge statute, 85A O.S.Supp. 2013 § 7, a worker who claims that he or she was fired for filing a workers’ compensation claim must seek relief from the state’s Workers’ Compensation Commission;... Read More

Ohio: Retaliatory Discharge Rule Does Not Apply Where Claim Filed Against Prior Employer
Posted on 11 Apr 2019 by Thomas A. Robinson

The provision in Ohio law [Ohio Rev. Code § 4123.90] prohibits an employer from terminating a worker who files a claim for workers’ compensation benefits, the statute does not apply where the claim was filed regarding a prior employer. Thus... Read More

Massachusetts: Employer May Not Retaliate Against Worker Filing Third-Party Tort Action Against It
Posted on 28 Nov 2018 by Thomas A. Robinson

It is axiomatic in Massachusetts—and the significant majority of other American jurisdictions—that an employer may not retaliate against an employee who sustains a work-related injury. The protections afforded under the Bay State’s retaliatory... Read More

Hawaii: Employer’s Decision to Fill Injured Worker’s Position 10 Months After Injury Was not Discriminatory
Posted on 4 Oct 2018 by Thomas A. Robinson

An employer who waited 10 months after an employee’s work-related injury to fill the position and who offered the employee a number of positions when she sought post-recovery employment did not discriminate against the employee “solely because”... Read More

United States: Termination for Being Unable to Perform Job is Not Retaliation
Posted on 7 Sep 2018 by Thomas A. Robinson

Construing South Carolina law, a federal district court held that S.C. Code § 41-1-80 and statutes like it do not require an employer to retain an employee who can no longer perform the duties of her job simply because her inability to perform the... Read More

Connecticut: Arbitration Decision Adverse to Discharged Employee Does Not Bar Separate Retaliatory Discharge Action
Posted on 13 Jul 2018 by Thomas A. Robinson

A former employee should be permitted to pursue a claim under against a former employer for retaliatory discharge under Conn. Gen. Stat. § 31-290a, in spite of the fact that the former employee’s union filed a grievance that was submitted to... Read More

Larson’s Spotlight on Recent Cases: Injury From Riding Escalator Rail
Posted on 4 Jan 2013 by Larson's Spotlight

Larson's Spotlight on Traveling Employee, Special Employer, Intentional Tort, and Retaliatory Discharge. 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

Larson’s Spotlight on Recent Cases: Presumption of Compensability for Court Reporter’s On-the-Job Aneurysm
Posted on 13 Jan 2012 by Larson's Spotlight

Larson's Spotlight on Presumption of Compensability, Social Security Offset, Exclusive Remedy and Co-Employee Immunity, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the... Read More

Larson’s Spotlight on Recent Cases: Gratuitous Furnishing of Company Truck
Posted on 28 Sep 2012 by Thomas A. Robinson

Larson's Spotlight on Company Truck and Employee Travel, Wrongful Death, Minimal Income, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Larson’s Spotlight on Recent Cases: Claimant With Bilateral Carpal Tunnel Syndrome Found Totally and Permanently Disabled Under Odd-Lot Doctrine
Posted on 27 Apr 2012 by Larson's Spotlight

Larson's Spotlight on Odd-Lot Doctrine, Exclusive Remedy, Retaliatory Discharge, and Disfigurement Award. 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

Larson’s Spotlight on Recent Cases: Retaliatory Discharge; Employer Honestly Believed That Medical Condition Prevented Worker From Performing Duties
Posted on 24 Feb 2012 by Larson's Spotlight

Larson's Spotlight on Retaliatory Discharge, Credibility of Witnesses, Notice of Injury, and Project Owner Liability. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Texas: Court Agrees That Worker Was Fired For Refusing Drug Test, Not Contemplating Workers’ Comp Claim
Posted on 22 Aug 2014 by Larson's Spotlight

A Texas appellate court affirmed summary judgment in favor of a former employer in a retaliatory discharge case filed against it by a worker who was terminated when he refused to take a drug test following a collision between the worker’s truck... Read More

TX: Court Affirms Retaliatory Discharge Judgment
Posted on 27 Nov 2013 by Larson's Spotlight

A Texas appellate court recently affirmed a judgment on a jury verdict of more than $100,000 in favor of a former employee who filed a retaliatory discharge action against the former employer. The employer contended the employee was terminated pursuant... Read More

WCRI Identifies Trust in the Workplace as a Key "Predictor" of Outcomes Important to Injured Workers
Posted on 6 Jul 2014 by Thomas A. Robinson

Thomas A. Robinson, J.D., the Feature National Columnist of the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers' compensation State Workers’ Comp Acts: Are They Effective? ... Read More