Workers' Compensation

Recent Posts

Ohio: Provisions in State’s “Contractor’s Self-Insurance Plans” Found to be Constitutional
Posted on 4 Jan 2019 by Thomas A. Robinson

Building on an earlier decision in which the Ohio Supreme Court had determined that the Ohio contractor’s self-insurance plan [see Ohio Rev. Code Ann. § 4123.35(O)] provided immunity not only to the self-insuring general contractor, but also... 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 Workers' Compensation Case Roundup (1/2/2016)
Posted on 2 Jan 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 12 December 2015 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS... 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

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

Sweet Caroline’s Excellent Adventure…..and a Lack of Due Diligence in Delaware as It Relates to Section 2311 Liability
Posted on 12 Jun 2013 by Cassandra Roberts

I heard from Fred Freibott last evening with a recent case involving Section 2311 contractor liability. Since friends don't let friends remain ignorant of the law as to Section 2311, I thought I owed y'all a post. The case is Gregory Otter v.... Read More

California Workers' Comp Case Roundup (7/6/2017)
Posted on 6 Jul 2017 by LexisNexis Workers' Comp Law Newsroom Staff

CALIFORNIA COMPENSATION CASES Vol. 82 No. 6 June 2017 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE... Read More

Pennsylvania: Restaurant Franchisor Not Responsible for Comp Benefits of Uninsured Franchisee’s Injured Worker
Posted on 9 Oct 2015 by Larson's Spotlight

As is the situation in many other states, where a Pennsylvania firm subcontracts a regular or recurrent part of its business to another, the firm is liable for workers’ compensation benefits to the subcontractor’s employees if that subcontractor... Read More

Mississippi: General Contractor Waives Exclusive Remedy Defense by Waiting 26 Months Before Filing Summary Judgment Motion
Posted on 25 Sep 2015 by Larson's Spotlight

The Supreme Court of Mississippi held that a general contractor waived its right to utilize the exclusive remedy defense where it was sued by the survivors of a worker employed by a subcontractor and for 26 months, it actively participated in litigating... Read More

Federal: Issue of Fact Regarding Control Means Tort Action May Proceed Against General Contractor
Posted on 22 Jan 2016 by Larson's Spotlight

Where a subcontractor’s worker sustained serious injuries when he attempted to use a grinder—owned by the project’s contactor and which did not have a required safety guard—and where there was a conflict in the evidence as to whether... Read More

Comfort and Joy: Glad Tidings from Delaware Appeals Court on Contractor Issue
Posted on 2 Dec 2011 by Cassandra Roberts

In my post of 2/25/11 , I reported on Reuben Cordero v. Gulfstream Development Corp. and Delaware Siding Company , IAB# 1357959 & 1357671 (2/10/11) (Order). The issue was whether the Delaware contractors statute ( 19 Del. Code Section 2311 ) imposed... Read More

Comfort & Joy, Part II: DE Supreme Court Delivers Gift in Section 2311 Contractor Case
Posted on 27 Nov 2012 by Cassandra Roberts

I heard from Bob Richter, as well as John Ellis, on Thanksgiving Eve, and you have them to thank for today's post. As Bob succinctly offers: Cassandra, The Supreme Court affirmed. I am delighted. Happy Thanksgiving. The issue: For this to make... Read More

Workers' Comp Fraud Blotter (6/21/2012) – This Friendly Bar Might Be Toby Keith’s Kind of Place
Posted on 22 Jun 2012 by LexisNexis Workers' Comp Newsroom Fraud Team

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and... Read More

Comfort and Joy: Glad Tidings from Delaware Appeals Court on Contractor Issue
Posted on 2 Dec 2011 by Cassandra Roberts

In my post of 2/25/11 , I reported on Reuben Cordero v. Gulfstream Development Corp. and Delaware Siding Company , IAB# 1357959 & 1357671 (2/10/11) (Order). The issue was whether the Delaware contractors statute ( 19 Del. Code Section 2311 ) imposed... Read More

Workers' Comp Fraud Blotter (6/21/2012) – This Friendly Bar Might Be Toby Keith’s Kind of Place
Posted on 22 Jun 2012 by LexisNexis Workers' Comp Newsroom Fraud Team

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and... Read More