LexisNexis® Legal Newsroom
Larson’s Spotlight on Recent Cases: Presumption of Compensability for Court Reporter’s On-the-Job Aneurysm

Larson's Spotlight on Presumption of Compensability, Social Security Offset, Exclusive Remedy and Co-Employee Immunity, 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...

Co-employee Immunity Case With a No Liability Settlement Twist: Things That Make You Go Hmmm

An employee files an injury claim against the employer and receives a $6,000 lump sum payment in exchange for a "no liability" settlement with the employer. The settlement is subsequently approved by the Industrial Commission. May the employee now proceed in tort against a co-employee who caused...

AR: Co-employee Immunity Applies to Erratic Driving of Golf Cart

The majority of jurisdictions provide immunity from tort liability for co-employees whose actions are within the course and scope of the employment [see Larson’s Workers’ Compensation Law , § 111.03]. Arkansas has a somewhat more restrictive rule, allowing co-employee immunity only where...

Missouri: Negligence Lawsuit Allowed Against Co-Worker On ‘Something Less’

Changes to section 287.120.1 lowered the burden of proof to sue a co-worker based on common law, according to the court of appeals, when it reversed a dismissal for failure to state a claim. Leeper v Asmus WD 76772 (May 27, 2014), 2014 MO App Lexis 605 (lexis.com), 2014 MO App Lexis 605 (Lexis Advance...

Washington: Co-employee Immunity Applies Only When Defendant Acting in the Course of Employment

An appellate court in Washington state held that it was error for a trial court to grant summary judgment in favor of a defendant, on exclusive remedy grounds, where the plaintiff alleged he was struck by a vehicle driven by the defendant, a fellow employee, as the plaintiff walked across an access road...

Florida: Unrelated Works Exception Does Not Apply to Employees of “Horizontal” Subcontractors

As is the case with the majority of jurisdictions, Florida employees generally may not sue co-employees in tort where the alleged tortfeasor was acting in furtherance of the employer’s business. Co-employee immunity is limited in Florida, however, where the co-employee is assigned primarily to...

Missouri: Employee May Sue Co-Employee For Negligent Operation of Employer’s Forklift

A Missouri appellate court held an employee could maintain a tort action against a co-employee who was allegedly negligent in the operation of the employer’s forklift; the exclusive remedy provisions of the state’s workers’ compensation law did not bar his civil action. Under Missouri’s...