Five Recent Cases You Should Know About (5/9/2010)

Five Recent Cases You Should Know About (5/9/2010)

Larson’s Spotlight on Workplace Assault, Exclusive Remedy, Insurance Policy, Course & Scope, and Fellow-Servant Doctrine. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s Workers’ Compensation Law, has compiled the list below.

NY: Workplace Argument and Assault Results in Compensable Claim

An assault committed by one worker against another was not personal and arose out of the workplace where the dispute between the two was related, at least in part, to work performance, held a New York appellate court recently.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 N.Y. App. Div. LEXIS 3729. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 8.01.

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FL: Estate’s Tort Claim Under State’s “Virtually Certain” Exception Fails

Construing Florida’s unique “virtually certain to occur”/intentional injury exception to the workers’ compensation exclusive remedy doctrine, a Florida appellate court affirmed a trial court’s dismissal of a tort action filed by the estate of a hospital rehabilitation specialist who was beaten to death by a hospital inmate.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Fla. App. LEXIS 6225. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 103.04.

WHAT’S THE DIFFERENCE BETWEEN lexisONE AND LexisNexis? Compare the differences between lexisONE free case law and LexisNexis fully featured case law to see what you get with each service.

IN: Cancellation of Workers’ Compensation Insurance Allowed Where Notice Received by Board Less than 10 Days Before Cancellation Date

An Indiana appellate court recently determined that the cancellation of a workers compensation insurance policy was effective ten days after the statutory notice was received by the Workers’ Compensation Board (the worker’s injury occurred well after that effective date); the Board need not  receive the notice ten days prior to the proposed cancellation date.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Ind. App. LEXIS 757. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 150.03.

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TN: Road Construction Worker’s Death After End of Work Day Still Arose Out of the Employment

A Tennessee appellate court recently affirmed summary judgment to an employer on exclusive remedy grounds where a construction zone “flagger” was struck and killed by a car that had veered off the highway, plowing into the decedent as she stood behind her personal vehicle that she had parked along the side of the road in an area that had been approved by the employer.  That the incident occurred after the decedent had been dismissed for the day and while she was talking to co-workers was insufficient to remove the accident from the course and scope of the employment.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Tenn. App. LEXIS 306. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 21.06.

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UT: Common-Law “Fellow-Servant” Doctrine No Longer Applies to Tort Actions Filed Against Workers of Affiliated Employers

The common-law fellow-servant doctrine no longer controls the issue of whether a tort action filed by a plaintiff-employee of one employer against a defendant-employee of an affiliated employer is barred by the exclusive remedy provisions of the Utah Workers’ Compensation Act; the Act now requires a determination of whether the defendant worker was an agent or employee of the plaintiff-worker’s employer.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Utah LEXIS 56. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 111.03.

WHAT’S THE DIFFERENCE BETWEEN lexisONE AND LexisNexis? Compare the differences between lexisONE free case law and LexisNexis fully featured case law to see what you get with each service.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

 Offer good thru June 2010.