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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...

Washington: Employee Can Sue Co-Employee in Tort for Injuries Sustained in After-Hours Accident

Adopting the dominant rule discussed in Larson’s Workers’ Compensation Law , Ch. 111, § 111.03, the Supreme Court of Washington held that a co-employee enjoys immunity under the exclusive remedy provisions of the state’s workers’ compensation law only when that co-employee...

New York: Co-Employee Immune From Tort Action Only When Acting Within Course and Scope of Employment

Acknowledging that under N.Y. Work. Comp. Law § 29(6), it was settled law that workers’ compensation was the exclusive remedy of an employee injured by the negligence or wrong of another “in the same employ,” a New York appellate court reiterated that the question of whether the...

New York: Golf Club Attendant May Sue Co-Employee for “Errant” Swing of Golf Shaft

Applying New York’s rule regarding co-employee immunity—that in order for a co-employee to be shielded from liability, the co-employee must (a) have been acting within the scope of his or her employment and (b) not have been engaged in a willful or intentional tort—a state appellate...

Kentucky: Opioid Dependence Results in Loss of Co-Employee Immunity in Tort Action

A school bus driver was not entitled to rely upon Kentucky’s fellow-immunity rule in a tort action filed against her, since there was sufficient evidence to support the jury’s finding that the defendant driver was voluntarily intoxicated at the time of a serious vehicle accident; her actions...

New York: School Paraprofessional's Civil Action Against Custodian Fails

A paraprofessional working at a Staten Island school, who sustained injuries when she slipped and fell on a wet floor in the school cafeteria, may not maintain a civil action in negligence against the school custodian engineer and a school custodial assistant since the claim is barred by the exclusive...

New York: Tort Suit Against Co-Employee Not Barred Where Accident Occurred Near, But Away from Employer's Premises

The defendant employee’s employment ended when he entered his car, drove away from an employer-controlled parking lot, and struck a co-employee who had entered a cross-walk on a street that circled the employer’s campus. Accordingly, it was error for a trial court to grant summary judgment...