Workers' Compensation

Recent Posts

Florida: Making an About-Face, Court Says Electric Co. Was Immune Contractor
Posted on 1 Jan 2022 by Thomas A. Robinson

Reversing itself, Florida’s Second District Court of Appeal held that a public utility’s obligation to maintain its equipment and facilities was the sort of activity that could be subcontracted to another firm and that when it had properly... Read More

Nebraska: Self-Employed Subcontractor Was Not Statutory Employee
Posted on 11 Apr 2021 by Thomas A. Robinson

Where a self-employed individual opted not to bring himself within the coverage of the Nebraska Workers’ Compensation Act, he was not an “employee,” as that term is defined in Neb. Rev. Stat. § 48-115. Under those facts, where the... Read More

Florida: Maintenance Worker Was not the Statutory Employee of Public Utility
Posted on 21 Nov 2020 by Thomas A. Robinson

While the provision of electricity to its Florida customers required that a Florida utility company maintain its equipment, a company with whom the utility contracted for maintenance work did not do so on the basis of any subletting of the utility's... Read More

Pennsylvania: Truck Driver May Sue Well Owner and Service Company in Tort -- No Statutory Employer Relationship
Posted on 27 Aug 2020 by Thomas A. Robinson

A divided Pennsylvania appellate court held a well owner and a separate firm that provided specialized services at the well were not statutory employers of a truck driver who contended he sustained injuries when a faulty storage tank value caused the... 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

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

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

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

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

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