Workers' Compensation

Recent Posts

Illinois: Borrowing Employer’s Immunity From Suit Does Not Depend Upon Procurement of Insurance
Posted on 16 Jun 2019 by Thomas A. Robinson

A borrowing employer is immune from tort liability with regard to injuries sustained by a temporary staffing agency worker assigned to it, held an Illinois appellate court. Moreover, that immunity springs from the borrowed-employee relationship itself... Read More

Rhode Island: Co-Employee Immunity to Tort Liability Extends Even to Instigator of Dangerous Horseplay
Posted on 26 Apr 2019 by Thomas A. Robinson

The exclusive remedy provision of the Rhode Island Workers’ Compensation Act is so strong, held the state’s Supreme Court, that it shielded a co-employee from tort liability in a dangerous incident involving horseplay. The evidence indicated... Read More

United States: “One Day of Rest in Seven” Act Does Not Trump Workers’ Compensation Exclusive Remedy Defense
Posted on 11 Apr 2019 by Thomas A. Robinson

In a case construing Illinois law, a federal district court held that the state's “One Day Rest in Seven Act” (“ODRA”) [820 Ill. Comp. Stat. 140/1 et seq.] may not be used to circumvent the exclusive remedy of the Illinois... Read More

Idaho: Family Barred from Suing Employer for Wrongful Death in Spite of Safety Issues
Posted on 4 Jan 2019 by Thomas A. Robinson

Where an Idaho employee sustained fatal injuries when the exposed driveshaft of her employer’s “picking table" caught her hair and pulled her into the machine, her family could not maintain a wrongful death action against the employer;... Read More

Ohio: Provisions in State’s “Contractor’s Self-Insurance Plans” Found to be Constitutional
Posted on 4 Jan 2019 by Thomas A. Robinson

Building on an earlier decision in which the Ohio Supreme Court had determined that the Ohio contractor’s self-insurance plan [see Ohio Rev. Code Ann. § 4123.35(O)] provided immunity not only to the self-insuring general contractor, but also... Read More

Virginia: Shipyard Owed Duty of Care Not to Expose Worker’s Family Members to Asbestos Fibers on Worker’s Clothing
Posted on 19 Oct 2018 by Thomas A. Robinson

Answering a restated certified question from the U.S. District Court (Eastern District of Virginia), the Supreme Court of Virginia, in a deeply divided 4-3 decision, held that an employer owed a duty of care to an employee's family member who alleged... Read More

Nevada: Stroke Victim May Not Sue Employer for Delay in Seeking Medical Treatment
Posted on 21 Sep 2018 by Thomas A. Robinson

The Supreme Court of Nevada, reversing a decision of the state’s court of appeals, held that a Las Vegas casino employee could not maintain a civil action against his employer to recover damages for its alleged delay in seeking medical treatment... Read More

North Carolina: Insurer’s Anti-Fraud Actions May Backfire into Punitive Damages
Posted on 7 Sep 2018 by Thomas A. Robinson

An injured worker, who sustained catastrophic injuries that initially rendered him comatose and which ultimately resulted in significant behavioral and memory deficits, including deficits in executive functioning, problem solving, planning, and balance... Read More

United States: Employee Assigned by Personnel Agency May Not Sue “Borrowing” Firm in Negligence
Posted on 24 Aug 2018 by Thomas A. Robinson

Construing California law, a federal district court granted summary judgment to a defendant company that had been sued by a worker who sustained injuries when one of the company’s employees “bumped” his forklift blade into the plaintiff... Read More

California: Reviewers Under State's Utilization Review Procedure are Immune from Tort Liability; Exclusive Remedy is Workers’ Compensation
Posted on 24 Aug 2018 by Thomas A. Robinson

The exclusive remedy provisions contained in Cal. Labor Code § 3602 extend their shield against tort liability to utilization reviewers performing their services under the state’s workers’ compensation utilization review process. Accordingly... Read More

United States: Tort Action Against Comp Insurer is Barred by Exclusive Remedy Defense
Posted on 17 Aug 2018 by Thomas A. Robinson

A federal district court granted a workers’ compensation insurance company’s motion to dismiss claims contained in a complaint filed against it alleging, inter alia , concealment fraud, negligent interference, and bad faith breach of contract... Read More

New York: Special Employer Generally May Not Be Sued in Tort
Posted on 17 Aug 2018 by Thomas A. Robinson

Where a defendant contracted with Manpower Group US (Manpower) regarding the services of a worker and controlled and directed the manner, details, and ultimate result of the worker’s work, it was the worker’s special employer and, therefore... Read More

United States: Teacher May Not Sue School for Injuries Sustained in Breaking Up Student Fight
Posted on 15 Aug 2018 by Thomas A. Robinson

Construing Minnesota law, the Eighth Circuit Court of Appeals affirmed a federal district court’s decision to grant summary judgment in favor of a Minnesota school district that had been sued by a teacher who sustained serious injuries when he attempted... Read More

North Carolina: Bank Employee’s Tort Action for Failure to Provide Stress-Free Work Environment Fails
Posted on 15 Aug 2018 by Thomas A. Robinson

A North Carolina appellate court affirmed the dismissal—on exclusive remedy grounds—of a civil action filed by a former bank employee against her former employer and supervisor alleging that the defendants had failed to exercise reasonable... Read More

Maine: Dual Persona Doctrine Cannot Shield Related Entity from Tort Liability
Posted on 19 Jul 2018 by Thomas A. Robinson

The dual persona doctrine, under which an injured employee may sometimes be allowed to sue the employer in tort if the employer possesses a second “persona” sufficiently independent from and unrelated to its status as employer, may not be... Read More