Workers' Compensation

Recent Posts

Maine: Wrongful Death Action Barred by Exclusive Remedy Provisions of State Comp Act
Posted on 14 Jul 2016 by Larson's Spotlight

The Supreme Judicial Court of Maine held that an estate’s wrongful death action against the deceased employee’s employer was barred by the exclusive remedy provisions of the Maine Workers’ Compensation Act where the undisputed evidence... Read More

Georgia: Exclusive Remedy Bars Wrongful Death Action by Non-Dependent Heir in Spite of Statute’s Refusal to Allow Payment of Comp Benefits
Posted on 26 Sep 2014 by Larson's Spotlight

The Supreme Court of Georgia affirmed a trial court’s order granting summary judgment to an employer in a wrongful death action filed by the mother of a deceased employee, agreeing that the exclusive remedy provisions of the Georgia Workers’... Read More

Massachusetts: Estate May Not Maintain Wrongful Death Against Directors of Nonprofit Employer
Posted on 21 Mar 2014 by Larson's Spotlight

The estate of a residential treatment counselor at a mental health clinic may not maintain a wrongful death action against two directors of the mental health association that employed the decedent, held the Supreme Judicial Court of Massachusetts. The... Read More

Washington: Widow’s Wrongful Death Action for Husband’s Mesothelioma Barred by Exclusivity
Posted on 26 Sep 2014 by Larson's Spotlight

Washington state courts may not use the “substantially certain” test to determine whether an employer’s actions against an injured worker were intentional, again held the Supreme Court of Washington in a split decision. Accordingly,... 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

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

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