Workers' Compensation

Recent Posts

Ohio: Court Reiterates “Substantially Certain” Test No Longer Applicable in Intentional Tort Actions
Posted on 4 Mar 2016 by Larson's Spotlight

While the action of the employer in utilizing undersized “outriggers” to extend a work platform could be characterized as reckless, the employer was nevertheless entitled to summary judgment in an intentional tort action filed against it by... Read More

Florida: Injured Worker May Not Rely on Affidavit to Contradict Her Own Prior Testimony to Defeat Summary Judgment Motion
Posted on 31 Oct 2014 by Larson's Spotlight

A Florida appellate court affirmed a trial court’s decision granting summary judgment in favor of a defendant that claimed it was immune from suit under the exclusive remedy provisions of the Florida Workers’ Compensation Act because the plaintiff... Read More

Vermont Workers' Compensation Update: January to March 2016
Posted on 20 Apr 2016 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. The Voice of The Department, Ellen Gonyaw, the receptionist, has retired after almost 9 years to move to Maine to open... Read More

Vermont Workers' Compensation Update: April to June 2014
Posted on 3 Jul 2014 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. DEPARTMENT DECISIONS Brodeur v Energizer Battery Manufacturing, Inc. , Opinion No. 6-14 (Apr. 2, 2014). Treating... Read More

Missouri: Court Keeps Civil Case Alive for Work-place Injury
Posted on 14 Dec 2011 by Martin Klug

The employer lost its summary judgment in a suit by an employee involving an injury at work based on a plain error review by the court of appeals. The claimant had a pending worker's compensation case which had not resolved whether claimant had an... Read More

Vermont Workers’ Compensation Update July to September 2010
Posted on 11 Oct 2010 by Keith J. Kasper

Saffold v. Palmieri Roofing Inc. , Opinion No. 24-10WC (July 14, 2010). Defendant's motion for summary judgment on aggravation denied as discrepancies exist between expert opinions as to whether the degenerative condition is independent of the... Read More

Missouri: Court Keeps Civil Case Alive for Work-place Injury
Posted on 14 Dec 2011 by Martin Klug

The employer lost its summary judgment in a suit by an employee involving an injury at work based on a plain error review by the court of appeals. The claimant had a pending worker's compensation case which had not resolved whether claimant had an... Read More

IL: Federal Court Applies Illinois Summary Judgment Standard to Workers' Comp Retaliatory Discharge Claim
Posted on 20 Jul 2010 by LexisNexis Workers' Comp Law Newsroom Staff

The Seventh Circuit Court of Appeals has held that when a retaliatory discharge case governed by Illinois law is litigated in a federal court, the federal court must apply the standard of the state law to a motion for summary judgment, and not the federal... Read More