Workers' Compensation

Recent Posts

Oklahoma: Supreme Court Says Non-Dependent Parents May Sue Employer in Tort
Posted on 18 Oct 2020 by Thomas A. Robinson

Finding a person's common law rights could be limited, but not eliminated, the Supreme Court of Oklahoma held a provision in the state's Workers' Compensation Act [12 O.S. 2011 §§1053A] that allowed death benefits only to a spouse... 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

Nevada: Stroke Victim May Not Sue Employer for Delay in Seeking Medical Treatment
Posted on 21 Sep 2018 by Thomas A. Robinson

The Supreme Court of Nevada, reversing a decision of the state’s court of appeals, held that a Las Vegas casino employee could not maintain a civil action against his employer to recover damages for its alleged delay in seeking medical treatment... Read More

Maine: Dual Persona Doctrine Cannot Shield Related Entity from Tort Liability
Posted on 19 Jul 2018 by Thomas A. Robinson

The dual persona doctrine, under which an injured employee may sometimes be allowed to sue the employer in tort if the employer possesses a second “persona” sufficiently independent from and unrelated to its status as employer, may not be... Read More

New York: Special Employer Is Immune From Tort Liability Related to Temporary Employee’s Injuries
Posted on 18 Sep 2015 by Larson's Spotlight

Stating the general rule, that for purposes of the N.Y. Workers’ Compensation Law, the receipt of workers’ compensation benefits from a general employer precludes an employee from commencing a negligence action against the special employer... Read More