AUSTIN, Texas - The exclusive remedy provision of the Texas Workers' Compensation Act (TWCA) barred a man's premises liability claims against a general contractor for injuries he sustained while working as a subcontractor on a construction site, a Texas appellate panel ruled July 22, affirming summary judgment for the general contractor (Matthew Eric Kershner v. Samsung Austin Semiconductor, LLC, No. 03-15-00529-CV, Texas App., 3rd Dist.; 2016 Tex. App. LEXIS 7801).
MINNEAPOLIS - The judge overseeing the National Hockey League (NHL) concussion injury multidistrict litigation on July 13 partially granted the players' motion to enforce a subpoena and ordered the league's workers' compensation insurer to produce independent medical exam (IME) records of NHL retirees who had submitted workers' comp claims (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
COLUMBUS, Ohio - The Industrial Commission of Ohio properly relied on a board-certified pulmonologist's opinion in denying a man's occupational asbestos injury claim, Ohio's top court held April 13 (The State ex rel. Robert Boyd v. The Scotts Miracle-Gro Co., et al., No. 2016-Ohio-1508, Ohio Sup.; 2016 Ohio LEXIS 928).
NASHVILLE, Tenn. - An asbestosis workers' compensation claim may proceed because it differs sufficiently from a previously dismissed breathing dysfunction claim, a panel of Tennessee's top court held Dec. 10 (Jimmy Segroves v. Union Carbide, et al., No. E2015-00572-SC-R3-WC, Tenn. Sup., Spcl. Wrkrs. Comp. App.; 2015 Tenn. LEXIS 945).
LIMA, Ohio - Sufficient evidence supports a jury's conclusion that lung cancer arose from a man's asbestos exposure at an automaker's facility, an Ohio appeals court said Nov. 30 in affirming a widow's access to the state's workers' compensation system (Loretta S. Bryant, surviving spouse of Ivan Bryant v. General Motors Corp., and Marsha P. Ryan, admr Ohio Bureau of Workers' Comp., et al.,No. 4-15-03, Ohio App., 3rd Dist.; 2015 Ohio App. LEXIS 4768).
CHICAGO - While it creates a harsh outcome, Illinois law forecloses on a tort remedy for a man whose mesothelioma arose outside the state's 25-year limit on workers' compensation claims, the majority of the Illinois Supreme Court held Nov. 4 (Ellen Folta, et al. v. Ferro Engineering, a division of ON Marine Services Co., No. 118070, Ill. Sup.).
TALLAHASSEE, Fla. - The judge of compensation claims (JCC) did not abuse his discretion in denying an objection to medical opinion testimony in a workers' compensation lawsuit, a Florida appeals panel affirmed Sept. 30 (Ernesto O. Sierra v. Metropolitan Protective Services and Guarantee Insurance, No. 1D15-0094, Fla. App., 1st Dist.; 2015 Fla. App. LEXIS 14510).
LOS ANGELES - The state's workers' compensation exclusivity provision bars a tort action alleging exposures to asbestos from pipes a man brought home from work because it involves the same mesothelioma his occupational exposure triggered, a California appeals panel held Sept. 17 (Mary Melendrez, et al. v. Ameron International Corp., Nos. B256928, B259423, Calif. App., 2nd Dist., Div. 4; 2015 Cal. App. LEXIS 820).
ROCK HILL, S.C. - South Carolina Supreme Court guidance indicates that the workers' compensation statute acts as a statute of repose, eliminating claims forming the basis of a putative class action over the allegedly improperly handling asbestos bankruptcy trust claims, a federal judge affirmed Aug. 27 (Odell Parker, et al. v. Asbestos Processing LLC, et al., No. 11-1800, D. S.C., 2015 U.S. Dist. LEXIS 113574).
MOUNT VERNON, Ill. - No issue of material fact remains as to whether a nurse assigned by a health care staffing agency to work in a hospital was a temporary employee of the hospital when she was injured after slipping and falling on the hospital premises, an Illinois appeals court ruled July 16 (Shelley Reichling v. Touchette Regional Hospital Inc., No. 5-14-0412, Ill. App., 5th Dist.; 2015 Ill. App. LEXIS 543).
CHARLESTON, W.Va. - Lack of an asbestosis diagnosis dooms a widow's workers' compensation lung cancer claim, the West Virginia Supreme Court of Appeals held March 27 (Stella Watkins, widow of Clay Watkins Jr. v. Century Aluminum of West Virginia Inc., No. 14-0390, W.Va. App.; 2015 W.Va. LEXIS 225).