Workers' Compensation

Recent Posts

Idaho: Family Barred from Suing Employer for Wrongful Death in Spite of Safety Issues
Posted on 4 Jan 2019 by Thomas A. Robinson

Where an Idaho employee sustained fatal injuries when the exposed driveshaft of her employer’s “picking table" caught her hair and pulled her into the machine, her family could not maintain a wrongful death action against the employer;... Read More

Larson’s Spotlight on Recent Cases: Mother of Injured Worker Dies From Stress Related to Comp Claim
Posted on 19 Nov 2012 by Larson's Spotlight

Larson's Spotlight on Exclusive Remedy, Fraud, Forfeiture of Future Disability Rights, and Extraordinary and Unusual. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Larson’s Spotlight on Recent Cases: Gratuitous Furnishing of Company Truck
Posted on 28 Sep 2012 by Thomas A. Robinson

Larson's Spotlight on Company Truck and Employee Travel, Wrongful Death, Minimal Income, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Missouri: Court Allows Wrongful Death Claim Against Employer for Intoxicated Employee
Posted on 20 Sep 2012 by Martin Klug

An employee of a funeral home drove a company van to a bar, he became intoxicated, and then he died in an accident on the way home. The court of appeals reversed a dismissal of the wrongful death claim from the minor child and surviving spouse against... Read More

Missouri: Court Rejects Co-employee Liability in Wrongful Death Claim
Posted on 3 Jul 2012 by Martin Klug

Many Missouri employees have been dragged in court recently regarding workplace injuries following a landmark 2010 case Robinson v Hooker , 323 S.W.3d 418 (Mo. App. W.D. 2010), which concluded the exclusive remedy of the Missouri workers’ compensation... Read More

Ohio: Wrongful Death Action Against Employer for Faulty Scaffolding Fails to Proceed
Posted on 21 Jul 2013 by Larson's Spotlight

Construing the state’s intentional tort exception to exclusivity, an Ohio appellate court recently affirmed a trial court’s order grant summary judgment to an employer in a civil action filed by the widow of a deceased worker killed when scaffolding... Read More

Larson’s Spotlight on Recent Cases: Non-Dependent Spouse Precluded From Death Benefits and Barred From Bringing Death Claim
Posted on 15 Jun 2012 by Larson's Spotlight

Larson's Spotlight on Non-Dependent Spouse and Death Benefits, Fraud and Surveillance Video, Tort Action Against Sole Proprietor, and Statute of Limitations for PTSD Claim. Larson's surveys the latest case developments that you need to know about... Read More

Missouri: Uninsured Employer Faces Wrongful Death Suit After Comp Settlement
Posted on 15 Jun 2012 by Martin Klug

An uninsured employer could be sued for wrongful death because claimant's worker's compensation settlement against a statutory employer was not an election of remedies, according to the Missouri Supreme Court in Lewis, etal, v. Gilmore, etal,... Read More

Larson’s Spotlight on Recent Cases: Survivors of Deceased Employee Allowed to Bring Tort Action Against Uninsured Employer
Posted on 22 Jun 2012 by Larson's Spotlight

Larson's Spotlight on Tort Action Against Uninsured Employer, Illegal Aliens, Benefits for Old Workers, and Non-Dependent Spouse. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

Virginia: Wrongful Death Action Related to Death of Police Recruit From Blow to Head in Training Barred by Exclusivity
Posted on 22 Sep 2014 by LexisNexis Workers' Comp Law Newsroom Staff

The Supreme Court of Virginia affirmed the dismissal of a widow’s wrongful death action filed against the chief of police of the City of Norfolk and other police officials following the death of her husband, who died after receiving several blows... Read More

Arkansas: Special Employer Enjoys Exclusive Remedy Defense in Wrongful Death Action Filed Against It
Posted on 17 Oct 2014 by Larson's Spotlight

An Arkansas appellate court held that the state’s Workers’ Compensation Commission did not err when it determined that a deceased worker was the defendant-company’s “special” employee since, at the time of the worker’s... Read More

Georgia: Parent’s Wrongful Death Action for Negligent Hiring of Convicted Felon May Proceed
Posted on 26 Feb 2016 by Larson's Spotlight

Where an employee was shot and killed by a co-employee on the special employer’s premises for no apparent reason—the two hardly knew each other and had no difficulties with each at work—the death did not arise out of and in the course... Read More

North Dakota: Widow’s Tort Action Fails Under State’s “Almost Impossibly Strict Standard” for Intentional Tort Allegations
Posted on 8 Jul 2016 by Larson's Spotlight

The Supreme Court of North Dakota held the trial court properly granted a former employer’s summary judgment dismissing a widow’s wrongful death action against it because the facts alleged did not provide a genuine issue of material fact to... Read More

Federal: Widow’s Wrongful Death Action Against Employer For Husband’s Exposure to Harmful Substances May Be Removed to Federal Court
Posted on 18 Apr 2014 by Larson's Spotlight

Construing Missouri law, a federal district court held that a widow, who alleged her husband died as a result of exposure to a variety of harmful substances while he worked for the defendant manufacturing firm, had alleged common law tort liability; her... Read More

Texas: Police Sergeant’s Widow May Not Recover Wrongful Death Benefits Against Police Department
Posted on 8 Apr 2016 by Larson's Spotlight

A widow’s civil action to recover damages from the Houston Police Department related to an incident in which her husband, a police sergeant, was killed in the line of duty by a man who was present in this country illegally, and who was subsequently... Read More