Workers' Compensation

Recent Posts

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

Connecticut: “Payloader” Is Not Motor Vehicle for Purposes of Special Rule Allowing Tort Action Against Fellow Employee
Posted on 17 Apr 2015 by Larson's Spotlight

Conn. Gen. Stat. § 31–293a creates several exceptions to the otherwise applicable rule that a workers’ compensation claim for benefits is the exclusive remedy that an employee may pursue against a fellow employee. One such exception allows... Read More

Larson’s Spotlight on Recent Cases: Court Bars Medical Expert Testimony on Sick Building Syndrome
Posted on 7 Sep 2012 by Larson's Spotlight

Larson's Spotlight on Sick Building Syndrome, Wrongful Death and Exclusive Remedy, Retaliatory Discharge, and Unexplained Fall. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

United States: Wrongful Death Action Following Explosion of Mortar Shell Barred by Exclusivity
Posted on 9 Mar 2017 by Thomas A. Robinson

Construing Illinois law, a federal district court held that plaintiff’s wrongful death action against the decedent’s employer was barred by the exclusive remedy provisions of the Illinois Workers’ Compensation Act [see 820 ILCS 305/5... 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: Real Estate Developer Is Subject to Wrongful Death Action for Contractor’s Employee
Posted on 7 Mar 2014 by Larson's Spotlight

In a split decision, the Supreme Court of Virginia held that the trial court erred when it sustained a plea in bar and dismissed a wrongful death action filed against a property owner by the estate of a general contractor’s employee who was killed... Read More

California: Exclusive Remedy Provision Bars Separate Suit Related to Asbestos-Laden Pipes Carried Home for Home Projects
Posted on 25 Sep 2015 by Larson's Spotlight

Where survivors of a worker who died of asbestos-related mesothelioma sued the employer, a pipe manufacturer, for wrongful death, alleging that in addition to his workplace exposure to asbestos, the worker was also permitted to take waste or scrap pipe... Read More

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

Five Recent Cases You Should Know About (4/15/2011)
Posted on 15 Apr 2011 by Larson's Spotlight

Larson's Spotlight on Termination of Benefits, Employee Status, Penalty for Unreasonable Defense of Claim, Wrongful Death, and Loss of Sight. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff... 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: 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

Five Recent Cases You Should Know About (6/27/2010)
Posted on 26 Jun 2010 by Larson's Spotlight

Larson’s Spotlight on Immigration Status, Going and Coming Rule, Stress, Diabetes, and Wrongful Death. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s Workers’... 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

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