LexisNexis® Legal Newsroom
Larson’s Spotlight on Recent Cases: Spouse’s Loss of Consortium Action Against Employer Barred by Exclusive Remedy Rule

Larson's Spotlight on Exclusive Remedy, Settlement Agreement, Tort Immunity for Co-employee, Narcotics and Return to Work. 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...

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...

Montana: Warehouse Manager’s Dual Capacity Action Against Boss/Owner of Building Fails

A warehouse manager of a carpet company, who sustained injuries while assembling carpet racks in a newly constructed warehouse, could not maintain a civil action in negligence against the owners of the warehouse—a husband and wife—where the husband was the sole shareholder of the carpet company—and...

New York: Injured Employee’s Negligence Action Against Co-Employee and Co-Employee’s Father (as Owner of Vehicle) Are Barred by Exclusiveness

A civil action was filed by plaintiff and his spouse against plaintiff’s co-employee and the co-employee’s father for injuries the plaintiff sustained when he was struck by a car driven by the co-employee as plaintiff walked across their employer’s parking lot after checking out for...

Georgia: Parent’s Wrongful Death Action for Negligent Hiring of Convicted Felon May Proceed

Where an employee was shot and killed by a co-employee on the special employer’s premises for no apparent reason—the two hardly knew each other and had no difficulties with each at work—the death did not arise out of and in the course of the employment. Accordingly, the exclusive remedy...

Ohio: Employee Injured When Struck by Co-Employee’s Driverless Vehicle May Not Recover in Tort

An Ohio court affirmed a trial court’s summary judgment in favor of a defendant who had been sued by a co-employee who sustained injuries in a bizarre accident that occurred in the employer’s parking lot. The two employees had completed their shifts and were walking to their respective vehicles...

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...

Missouri: Prankster Denied Workers’ Comp Benefits After Starting Fire at Work

The Missouri Labor and Industrial Relations Commission denied benefits to a claimant who burned himself after he intentionally lit a can of industrial adhesive on fire to startle to a co-worker. The claimant lapsed into a coma as a result of his injuries and woke up in the hospital with no memory of...