Workers' Compensation

Recent Posts

Ohio: Intentional Injury Claim After Fatal Trench Cave-In Denied
Posted on 18 Oct 2020 by Thomas A. Robinson

Where an employee was killed in a trench collapse accident, his estate could not maintain an intentional tort action against the employer where the evidence indicated the employer ceased all work on the trench when the employer's supervisors became... Read More

Texas: High Court Clarifies Texas Version of "Substantially Certain" Test in Intentional Tort Actions Against Employers
Posted on 28 Jun 2020 by Thomas A. Robinson

The Supreme Court of Texas, providing a clear and exhaustive discussion of the state's special utilization of the so-called "substantially certain" standard to be utilized in intentional tort actions filed by employees against their employers... Read More

Connecticut: Worker Suffers Amputation Injury But Fails to Show Intentional Tort
Posted on 28 Jun 2020 by Thomas A. Robinson

A trial court was correct in finding that a plaintiff-employee had failed to establish an issue of fact in his intentional tort civil action filed against the employer following a serious injury in which the worker's leg was severed above his knee... Read More

United States: Modification of Safety Guard May Subject NJ Employer to Tort Liability on Substantially Certain Theory
Posted on 28 Mar 2020 by Thomas A. Robinson

Where an employee of a New Jersey company alleged that prior to his severe injury, the employer removed an important safety guard on a heavy machine, replacing it with a piece of tape so as to allow for continuous operation, and where the employee also... Read More

New Jersey: Former Pharmaceutical Employee May Not Proceed in Tort Against Employer for Alleged Injuries Due to Unapproved Nasal Spray
Posted on 17 Jul 2019 by Thomas A. Robinson

Construing New Jersey’s “substantially certain” rule, as applied to intentional tort claims filed against employers and co-employees, a state appellate court held that a former employee of a pharmaceutical company could not move forward... Read More

Vermont: Supreme Court Sticks to Earlier Decision—“Substantial Certainty” Rule May Not be Used in Intentional Tort Cases
Posted on 19 Oct 2018 by Thomas A. Robinson

The Supreme Court of Vermont again refused to adopt the “substantial certainty” rule for intentional tort cases filed by an injured employee against an employer. Citing its earlier decision in Kittell v. Vermont Weatherboard, Inc. , 138 Vt... Read More

United States: Oklahoma Plaintiff’s Intentional Tort Action Against Employer Fails
Posted on 18 Jan 2018 by Thomas A. Robinson

Construing Oklahoma law, a federal district court dismissed a civil action filed by a Marriott International employee against Marriott on the basis that the plaintiff had not alleged sufficient facts to plausibly show that his injury was the result of... Read More

Larson’s Spotlight on Recent Cases: Contribution/Indemnity Defense in Third Party Suit When Employer Hires Illegal Alien
Posted on 5 Oct 2012 by Larson's Spotlight

Larson's Spotlight on Contribution, Firefighter's Rule, Safety Device, and Credit. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law... Read More

Use of Workers’ Comp Doctrines Within Tort Arena: Borrowed Legal Doctrines Don’t Really Fit
Posted on 10 Nov 2013 by Thomas A. Robinson

Attention Lexis Online Subscribers: Citations below link to lexis.com. Bracketed citations link to Lexis Advance . During a conversation years ago with my mentor and friend, Arthur Larson, I asked him if there were special challenges in teaching workers’... Read More

Larson’s Spotlight on Recent Cases: Larson’s May Interpret Law, But Can’t Supplant Text of Statute
Posted on 15 Feb 2013 by Larson's Spotlight

Larson's Spotlight on Statutory Interpretation, Credit for Pension Benefits, Intentional Tort, and Substantially Certain Rule. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

Ohio: Officer May Maintain Intentional Tort Action Against Fellow SWAT Team Member for “Assault” During Training Exercise
Posted on 15 Sep 2017 by Thomas A. Robinson

In a case with somewhat bizarre facts, an Ohio appellate court ruled a state trial court appropriately found that there was a genuine issue for trial regarding whether the defendant, who served along with plaintiff on a county SWAT team, knew that it... 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

Larson’s Spotlight on Recent Cases: Contribution/Indemnity Defense in Third Party Suit When Employer Hires Illegal Alien
Posted on 5 Oct 2012 by Larson's Spotlight

Larson's Spotlight on Contribution, Firefighter's Rule, Safety Device, and Credit. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law... Read More

Five Recent Cases You Should Know About (10/15/2010)
Posted on 15 Oct 2010 by Larson's Spotlight

Larson's Spotlight on Nocturnal Seizure, Intentional Tort, Heart Disease, Credit Against Disability Retirement Benefits, and Post Traumatic Stress Disorder. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson... 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