LexisNexis® Legal Newsroom
Larson’s Spotlight on Recent Cases: Restaurant Waiter’s Choking on Quesadilla Was Not Actual Risk of Employment

Larson's Spotlight on Risk of Employment, PTSD claim, Intoxication Presumption and Marijuana, and Tort Action Against Employer. 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...

Larson’s Spotlight on Recent Cases: Claimant’s Right to Record Independent Medical Examination

Larson's Spotlight on Independent Medical Examination, Intoxication, Intentional Tort, and Defense Base Act. 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...

Larson’s Spotlight on Recent Cases: Injury From Riding Escalator Rail

Larson's Spotlight on Traveling Employee, Special Employer, Intentional Tort, 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 Workers' Compensation Law , has compiled the list below...

Larson’s Spotlight on Recent Cases: Attorney Fees and the Common Fund Doctrine

Larson's Spotlight on Attorney Fees, Venue, Intentional Tort, and Refusal of Light Duty. 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. NE...

Larson’s Spotlight on Recent Cases: Attorney Fees and the Common Fund Doctrine

Larson's Spotlight on Attorney Fees, Venue, Intentional Tort, and Refusal of Light Duty. 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. NE: Worker's...

Larson’s Spotlight on Recent Cases: Larson’s May Interpret Law, But Can’t Supplant Text of Statute

Larson's Spotlight on Statutory Interpretation, Credit for Pension Benefits, Intentional Tort, and Substantially Certain Rule. 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...

Larson’s Spotlight on Recent Cases: Extended Premises Doctrine Applied to Slip and Fall Case

Larson's Spotlight on Premises Doctrine, Intentional Tort, Occupational Disease, and Covered Situs. 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. ...

Larson’s Spotlight on Recent Cases: Claimant Cannot “Swap Horses Between Courts”

Larson's Spotlight on AOE/COE, Idiopathic Fall, Unwitnessed Death, and Intentional Tort. 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. LexisNexis...

Connecticut: Supervisor’s Actions Did Not Support Intentional Tort Action; Supervisor Not Alter Ego of Employer

The Supreme Court of Connecticut recently affirmed a trial court’s Order granting summary judgment in favor of an employer in a civil action alleging intentional tort filed against it by an injured employee in spite of the employee’s contentions that he had been told by his supervisor that...

Florida: Construction Worker’s Intentional Tort Action Fails Under “Virtually Certain” Standard

Construing the state’s intentional tort exception to workers' compensation immunity (§ 440.11(1)(b), Fla. Stat.), a Florida appellate court recently affirmed a trial court’s entry of final summary judgment in favor of plaintiff’s statutory employer. The court indicated the...

New York: Removal of Safety Screen Was Insufficient to Support Intentional Tort

A divided New York appellate court, applying the exclusive remedy provisions of the New Jersey Workers’ Compensation Act—the employee’s injury occurred there—recently held that a trial court properly granted summary judgment to an employer in an employee's action under intentional...

WY: Employee’s Intentional Tort Action Against Co-Employees Fails

As noted in Larson’s Workers’ Compensation Law , §§103.03, 103.04, when construing the intentional tort exception to a state’s Workers’ Compensation Act, most jurisdictions say “intent means intent,” that nothing short of a conscious and deliberate intent...

WV: Intentional Tort Exception to Exclusivity Applies to Employers Only, Not Co-Employee Supervisors

Answering a certified question presented by a U.S. District Court (S. D. W. Va.) regarding whether a “deliberate intent” cause of action pursuant to W. Va. Code § 23–4–2(d)(2)(ii) may be brought against a non-employer “person,” such as a supervisor or co-employee...

The Top 10 Bizarre Workers' Comp Cases for 2013

© Copyright 2014 LexisNexis. All rights reserved. For reprint permission, contact Robin.E.Kobayashi@lexisnexis.com . During the past several Januarys, I’ve shared with readers my annual list of bizarre workers’ compensation cases for the prior year. In doing so, I reenact, in part...

Ohio: Intentional Tort Action Against Employer Fails

An Ohio appellate court has affirmed a trial court’s summary judgment decision in favor of an employer in an injured employee’s intentional tort claim, agreeing with the trial court that the employee failed to show the employer intended to cause the employee injury. The employee lost his...

Louisiana: $13 Million Intentional Tort Verdict and Judgment Overturned as to Statutory Employer

Reversing a judgment rendered in favor of plaintiffs after an eight-day trial in which the jury in relevant part found a general contractor liable to its statutory employee for an “intentional act,” a Louisiana appellate court ruled that the contractor’s actions in connection with the...

Ohio: Worker’s Intentional Tort Action Against Employer Fails

An Ohio appellate court agreed with a trial court that an employer could not be held liable, under an intentional tort theory, for serious injuries sustained by an employee who suffered amputation of both legs when two bundles of steel, each weighing over 5,000 pounds, fell on his legs and trapped him...

Ohio: Court Reiterates “Substantially Certain” Test No Longer Applicable in Intentional Tort Actions

While the action of the employer in utilizing undersized “outriggers” to extend a work platform could be characterized as reckless, the employer was nevertheless entitled to summary judgment in an intentional tort action filed against it by an injured worker. The employer’s outrigging...

Illinois: Acceptance of Comp Benefits Is Election Barring Intentional Tort Case Against Employer

Where a paramedic trainee, who sustained injuries while participating in a training program, filed suit against his employer and others alleging an intentional tort, but later sought and received workers’ compensation benefits for the injury, his acceptance of benefits operated as an election and...

Wisconsin: Comp Insurer Need Not Defend Employee Accused of Sexual Assault on Co-Employee

An employer’s workers’ compensation insurer had no duty to defend an employee, Rydberg, who had been sued by af co-employee who claimed that Rydberg sexually groped her while both were at work on the employer’s premises. The Wisconsin appellate court indicated that the co-employee had...

West Virginia: Insurer Has No Subrogation Interest Since Benefits “Paid” Under Policy Were Less than Employer’s Large Deductible

Under the West Virginia subrogation statute [W. Va. Code § 23–2A–1], a party is entitled to a lien only to the extent that it has actually paid a sum of money. Accordingly, where a mining electrician suffered catastrophic injuries when he was struck and run over by an underground shuttle...

North Dakota: Widow’s Tort Action Fails Under State’s “Almost Impossibly Strict Standard” for Intentional Tort Allegations

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 avoid the exclusive remedy provisions of the Workforce...

Oklahoma: Intentional Tort Case May Continue Under “Substantially Certain” Rule

The Supreme Court of Oklahoma held that there were material issues of fact as to whether the decedent’s employer knew that injury or death was substantially certain to result from the task decedent and his coworkers were directed to complete and the conditions in which they were required to work...

Federal: Intentional Tort Claim Fails Under Michigan Law

The Sixth Circuit Court of Appeals affirmed summary judgment in favor of an employer that had been sued by a deceased employee’s estate, finding that the estate could not prevail under the intentional-tort exception to Michigan’s workers’ compensation exclusive remedy provision [Mich...

Louisiana: Teacher’s Intentional Tort Action Against School Board Fails

A teacher, who was six-weeks pregnant at the time of a classroom incident that resulted in her injury, may not maintain a tort action against the school board; her allegations failed to raise an issue of intentional tort and her civil action was, therefore, barred by the exclusive remedy provisions of...