Workers' Compensation

Recent Posts

California: Worker’s Tort Action Utilizing California’s “Power Press” Exception to Exclusivity Fails
Posted on 31 Jan 2014 by Larson's Spotlight

A California appellate court recently affirmed a trial court’s summary judgment favoring an employer in an intentional tort action filed by an employee who sustained severe injuries while loading material onto a die in a power press. The employee... Read More

Utah: Widow’s Tort Case Against Co-Worker Barred under Special Errand Rule
Posted on 27 Jun 2014 by Larson's Spotlight

The Supreme Court of Utah affirmed a trial court’s determination that fatal injuries sustained in a vehicular accident involving an automobile being driven by the decedent’s co-worker, Giguere, and in which the decedent was a passenger were... Read More

Texas: Temporary Employee May Not Sue “Borrowing” Employer in Tort Following Injury in Work-Related Incident
Posted on 6 May 2016 by Larson's Spotlight

A temporary employee of a staffing agency who was assigned to a tractor supply company was an “employee” of the latter and accordingly could not sue the supply company in tort following a work-related accident. The record showed that at the... Read More

Indiana: Injured Employee May Not Sue Employer’s Corporate Parent
Posted on 12 Feb 2016 by Larson's Spotlight

Where an employee working for a subsidiary of AT&T, Inc. tripped and fell over the snow-covered legs of a construction sign placed in a walkway adjacent to an ongoing construction project at the AT&T building in downtown Indianapolis, she could... Read More

Missouri: Court Rejects Independent Tort Claim For Not Paying Comp Awards
Posted on 30 Apr 2014 by Martin Klug

A worker who has a dispute about collecting a worker's compensation award must rely upon civil remedies and does not have an independent tort claim to recover punitive damages and pain and suffering, according to a new decision from the court of appeals... Read More

California: In-Home Caregivers May Not Sue Unruly Alzheimer’s Patients in Tort; Sole Remedy is Workers’ Compensation
Posted on 8 Aug 2014 by Larson's Spotlight

The Supreme Court of California, in a split decision, held that in-home caregivers may not maintain civil actions against their Alzheimer’s patients if, because of the sometimes unruly nature of the patients, the caregiver is assaulted and injured... Read More

Ohio: Employee Injured When Struck by Co-Employee’s Driverless Vehicle May Not Recover in Tort
Posted on 6 May 2016 by Larson's Spotlight

An Ohio court affirmed a trial court’s summary judgment in favor of a defendant who had been sued by a co-employee who sustained injuries in a bizarre accident that occurred in the employer’s parking lot. The two employees had completed their... Read More

Illinois: “Traveling Employee” Rule Relates to Comp Cases Only; May Not Be Extended to Tort Law
Posted on 13 Sep 2013 by Larson's Spotlight

An Illinois appellate court recently held that workers’ compensation law’s “traveling employee” doctrine may not be extended into the tort law arena so as to support a claim that an employer was liable, upon respondeat superior... Read More

Indiana: Temporary Worker’s Tort Suit Against Employer To Whom He or She is Assigned Held Barred
Posted on 29 Aug 2014 by Larson's Spotlight

Citing earlier precedent from the state’s Supreme Court, the Court of Appeals of Indiana held that for purposes of the Workers’ Compensation Act a “leased” or temporary employee is generally considered the joint employee of both... Read More

Louisiana: Parish Sheriff’s Office May Not Be Sued by Prisoner Injured While on Work Release
Posted on 15 Apr 2016 by Larson's Spotlight

A Louisiana parish sheriff’s office that administered a work release program, pursuant to which a prisoner worked for the parish “police jury” as a “hopper” on a garbage truck, was not the prisoner’s employer and did... 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

NV: Court Dismisses Stone River (formerly WorkingRx) 3rd Party Collections Claims
Posted on 7 Jul 2010 by LexisNexis Workers' Comp Law Newsroom Staff

LAS VEGAS, NV – In tort actions dating back to October 12, 2005, fought by ScripNet in Nevada Federal Court, Texas Federal Court, Texas State District Court, and the Texas State Court of Appeals, and following victories by ScripNet in each of the... Read More

Five Recent Cases You Should Know About (5/23/2010)
Posted on 21 May 2010 by Larson's Spotlight

Larson’s Spotlight on Exclusivity/Slip & Fall Injury, Ex Parte Communication, Cancellation Notice, Hostages in Prison Break, and Fraud. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff... Read More

Five Recent Cases You Should Know About (7/4/2010)
Posted on 4 Jul 2010 by Larson's Spotlight

Larson’s Spotlight on Preferred Provider Organizations, Recreational Event, Mental-Mental Injuries, and Tactical Delays. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s... Read More