Workers' Compensation

Recent Posts

Florida: Premises Owner That Contracts With Cleaning Service Is Not Statutory Employer
Posted on 25 Mar 2016 by Larson's Spotlight

Where a health care system (“the system”) owned a children’s clinic and contracted with a service company for the latter to provide cleaning services at the clinic, the system was not the statutory employer of the service company’s... Read More

Arizona: Department of Corrections Was Statutory Employer of Staffing Employment Employee
Posted on 27 Apr 2017 by Thomas A. Robinson

The Arizona Department of Corrections was the statutory employer of a clinical social worker supplied to the department by means of a staffing agreement between the department and an employment services agency. Because the department retained the right... Read More

Texas: Statutory Employer Was Not Immune from Tort Liability
Posted on 23 Feb 2018 by Thomas A. Robinson

In a decision that may produce ripples within the Texas construction industry, a state appellate court held that in order to enjoy the exclusive remedy defense, Tex. Lab. Code Ann. § 406.123(a) requires a general contractor to do something more than... Read More

Federal: Non-Operating Partner in Joint Venture Qualified as Statutory Employer of Injured Worker
Posted on 2 Jan 2016 by Larson's Spotlight

A divided U.S. Court of Appeals for the Fifth Circuit held that a non-operating partner in a joint-venture qualifies as a “statutory employer,” as that term is used in the Louisiana Workers’ Compensation Act, even though the operating... Read More

Oklahoma: Special Tort Immunity Provision Favoring Oil and Gas Wells Struck Down as Unconstitutional
Posted on 26 Jan 2018 by Thomas A. Robinson

A provision in Oklahoma’s Administrative Workers’ Compensation Act (“the Act”), 85A Okl. St. § 5, which favors operators and owners of oil and/or gas wells with extended immunity in tort actions filed against them by plaintiffs... Read More

Louisiana: $13 Million Intentional Tort Verdict and Judgment Overturned as to Statutory Employer
Posted on 6 Jun 2014 by Larson's Spotlight

Reversing a judgment rendered in favor of plaintiffs after an eight-day trial in which the jury in relevant part found a general contractor liable to its statutory employee for an “intentional act,” a Louisiana appellate court ruled that the... Read More

Texas: Manufacturer Was Statutory Employer of Worker Supplied by Personnel Staffing Firm
Posted on 2 Sep 2016 by Thomas A. Robinson

Where a worker was employed by a subcontractor who supplied staff to an employer that set the worker’s schedule, assignments, and training, the employer was the worker’s statutory employer and, since it was a workers’ compensation subscriber... Read More

Idaho: Wrongful Death Action Following Helicopter Crash Against State Agency Barred by Exclusive Remedy Rule
Posted on 21 Jul 2017 by Thomas A. Robinson

In a case with a bizarre factual background, the Supreme Court of Idaho affirmed a state trial court’s order granting summary judgment in favor of the Idaho Department of Fish & Game (IDFG) on exclusive remedy grounds in a wrongful death action... Read More

Federal: Building Materials Supplier is Statutory Employer of Truck Driving Making Deliveries
Posted on 13 Oct 2016 by Thomas A. Robinson

Where a truck driver was employed by a trucking company that, in turn, contracted with a building materials supplier to provide delivery services related to materials purchased at the supplier’s stores, the building materials supplier was the driver’s... Read More

Federal: Resort Is Statutory Employer of Staffing Company’s Parking Attendants
Posted on 15 May 2015 by Larson's Spotlight

A parking attendant, who worked for a staffing company that contracted with a resort hotel to supply workers for valet parking is barred by the exclusive remedy doctrine from suing the resort in tort for injuries he sustained when he slipped on water... Read More

Idaho: Statutory Employer Not Liable for Comp Payments When Injured Worker’s Employment by Direct Employer Deemed “Casual”
Posted on 6 Dec 2013 by Larson's Spotlight

Acknowledging that the concept of a statutory employer is to prevent an employer from avoiding liability under the workers’ compensation statutes by sub-contracting the work to others, the Supreme Court of Idaho recently held nevertheless that a... Read More

Missouri: Hair Dresser Killed at Salon Receives No Benefits
Posted on 21 Mar 2012 by Martin Klug

Claimant worked at a Kansas City, Missouri hair salon and cut hair. He was at home with his two small children in April 2009 when another hair dresser asked him to cover his appointments. When he arrived at the salon, an unknown robber shot him in the... Read More

The Future of Exclusive Remedy: Does the Doctrine Still Protect Employers?
Posted on 31 Aug 2012 by Thomas A. Robinson

At the 21st Annual National Workers’ Compensation and Disability Conference ®, Nov. 7-9, 2012, Thomas A. Robinson, author and primary upkeep writer for Larson’s Workers’ Compensation Law , will speak and moderate on The Future of... Read More

Missouri: Uninsured Employer Faces Wrongful Death Suit After Comp Settlement
Posted on 15 Jun 2012 by Martin Klug

An uninsured employer could be sued for wrongful death because claimant's worker's compensation settlement against a statutory employer was not an election of remedies, according to the Missouri Supreme Court in Lewis, etal, v. Gilmore, etal,... Read More

Federal: Tennessee Employee May Not Sue Statutory Employer for Work-Related Injury
Posted on 24 Jan 2014 by Larson's Spotlight

Noting that Tennessee courts have held that the exclusive remedy rule protects statutory employers from tort claims by employees of their subcontractors for injuries covered by the Tennessee workers' compensation act, even if the immediate employer... Read More