LexisNexis® Legal Newsroom
Virginia: Wrongful Death Action Related to Death of Police Recruit From Blow to Head in Training Barred by Exclusivity

The Supreme Court of Virginia affirmed the dismissal of a widow’s wrongful death action filed against the chief of police of the City of Norfolk and other police officials following the death of her husband, who died after receiving several blows to the head during his training as a recruit at...

Georgia: Exclusive Remedy Bars Wrongful Death Action by Non-Dependent Heir in Spite of Statute’s Refusal to Allow Payment of Comp Benefits

The Supreme Court of Georgia affirmed a trial court’s order granting summary judgment to an employer in a wrongful death action filed by the mother of a deceased employee, agreeing that the exclusive remedy provisions of the Georgia Workers’ Compensation Act barred the civil action. That...

Washington: Widow’s Wrongful Death Action for Husband’s Mesothelioma Barred by Exclusivity

Washington state courts may not use the “substantially certain” test to determine whether an employer’s actions against an injured worker were intentional, again held the Supreme Court of Washington in a split decision. Accordingly, a widow’s contention that her husband’s...

Wyoming: Undocumented Worker Might Avoid Exclusive Remedy Defense

Wyoming’s definition of “employee,” which includes illegal aliens only if the employer reasonably believes both at the date of hire and the date of injury, based upon documentation in the employer’s possession, that the worker was authorized to work by the federal government’s...

California Workers' Comp Case Roundup (10/3/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 9 September 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

Federal: Court Forced to Choose Between Conflicting State Versions of Exclusive Remedy Rule

Noting that a federal court sitting in diversity must apply the choice-of-law rules of the state in which it sits—here that of Mississippi—a federal district court held that an injured employee of a subcontractor could not sue the general contractor on a construction project for alleged negligence...

2014 Workers’ Compensation Emerging Issues

The new edition of Workers’ Compensation Emerging Issues Analysis (LexisNexis) is a veritable cornucopia of expert analysis, provocative commentary, and a 50 state survey of workers’ compensation legislation in 2014 As with last year’s inaugural edition, the 2014 Larson Series Workers’...

Federal: 4th Circuit Applies Virginia Law to Bar Construction Worker’s Action Against Subcontractor

Citing Garcia v. Pittsylvania County Service Authority , 845 F.2d 465 (4th Cir. 1988), the Fourth Circuit Court of Appeals affirmed a federal district court’s dismissal, on exclusive remedy grounds, of a negligence action filed by a North Carolina construction superintendent against one of his...

Florida Workers’ Compensation: The Great Wait

All eyes are on Florida and the key challenges to its workers’ comp laws, including whether the “Grand Bargain” exists One year ago when the Foreword to the 2014 Edition of Dubreuil’s Florida Workers’ Compensation Handbook (LexisNexis) was prepared we noted two significant...

United States: Sales Executive’s Claims for Negligent Hiring and Emotional Distress Held Barred

A federal court sitting in Nevada dismissed a sales executive’s cause of action against his former employer for negligent hiring, training, supervision, and retention of another employee and dismissed as well a claim that the former employer was liable for intentional infliction of emotional distress...

Maine: Wrongful Death Action Barred by Exclusive Remedy Provisions of State Comp Act

The Supreme Judicial Court of Maine held that an estate’s wrongful death action against the deceased employee’s employer was barred by the exclusive remedy provisions of the Maine Workers’ Compensation Act where the undisputed evidence indicated the deceased employee had sustained fatal...

Connecticut: Widow Who Discovers Husband’s Lifeless Body May Not Recover Emotional Distress Claim Against Employer

A widow, who discovered her husband’s lifeless body crushed beneath an all-terrain vehicle that he had been repairing at his employer’s facility—she had intended to bring him his lunch—may not recover in her bystander emotional distress action filed against her husband’s...

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...

Federal: Kentucky Widow May Not Sue Staffing Company Regarding Employee/Husband’s Death

The widow and the estate of a construction worker may not pursue a wrongful death action against a construction staffing company regarding the worker’s death in a work-related accident where the worker interviewed directly with one of the staffing company’s clients, completed an application...

Pennsylvania: Injured Worker May Not Sue Borrowing Employer

An employee may have more than one employer, held a Pennsylvania appellate court. Accordingly, where a worker was hired by a firm that supplied temporary workers to other businesses and governmental entities and, after being assigned to a township, the worker sustained injuries in a work-related accident...

California Workers' Comp Case Roundup (12/6/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 11 Nov 2016 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2016 LexisNexis. All rights...

New York: Premises Owner/Employer Might Be Liable for Negligence in Parking Lot Injury

A New York employer, who, in her individual capacity, also owned the building where the employer and other tenants leased space, was not entitled to summary judgment on the employee’s negligence claim since questions of fact existed concerning whether the parking lot area—where the employee...

California Workers' Comp Case Roundup (3/10/2017)

CALIFORNIA COMPENSATION CASES Vol. 82 No. 2 Feb 2017 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2017 LexisNexis. All rights...

Washington: Employee of Staffing Agency May Not Sue Agency’s Client Following Injury

Where an employee of a staffing agency signed an agreement that provided, in relevant part, that he would be considered an employee of the agency’s client “for Workers’ Compensation purposes only,” the employee could not maintain a tort action against the client; under the state’s...

California Workers' Comp Case Roundup (4/11/2017)

CALIFORNIA COMPENSATION CASES Vol. 82 No. 3 Mar 2017 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2017 LexisNexis. All rights...

Arizona: Department of Corrections Was Statutory Employer of Staffing Employment Employee

The Arizona Department of Corrections was the statutory employer of a clinical social worker supplied to the department by means of a staffing agreement between the department and an employment services agency. Because the department retained the right to control or supervise provided by the staffing...

Texas: Temporary Staffing Agency Worker Barred from Suing Hiring Company for Negligence

A Texas trial court did not err when it found that a worker’s negligence and gross negligence claims were barred by the exclusive remedy provision of the Texas Workers’ Compensation Act where the worker was an employee of a temporary staffing agency that provided staffing to a waste disposal...

California Workers' Comp Case Roundup (6/5/2017)

CALIFORNIA COMPENSATION CASES Vol. 82 No. 5 May 2017 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2017 LexisNexis. All rights...

North Dakota: Employee Misclassification Can Result in “Dual” Liabilities for Employer

Answering seven certified questions from a magistrate judge for the U.S. District Court for the District of North Dakota, that state’s Supreme Court concluded that to the extent that a worker could show that her purported employer intentionally and not inadvertently misrepresented the amount of...

Virginia: Injured Worker Not an Employee Where General Contractor Had Essentially No Control Over His Activity

Where there was virtually no evidence that a construction worker’s actions were controlled by the purported employer and where it also appeared that the purported employer exercised little, if any, control over the injured worker’s work or employment actions and the worker consented to be...