New York’s Court of Appeals recently affirmed an Appellate Division order blocking defendants in a personal injury action from using a Workers’ Compensation Board causation determination as collateral estoppel, holding...
NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp Decisions NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp DecisionsIn a case involving a Nebraska truck driver-farm laborer whose treatment for metastatic cancer was allegedly postponed by complications associated with a compensable hip injury and its resulting treatment, the...
Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer Treatment Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer TreatmentA North Carolina district manager who suffered a stroke while preparing for the opening of a restaurant location—and who allegedly waited hours before coworkers summoned emergency assistance—may not pursue negligence...
NC Court of Appeals: Exclusivity Doctrine Bars Negligence Suit Following Workplace Stroke NC Court of Appeals: Exclusivity Doctrine Bars Negligence Suit Following Workplace StrokeIn a noteworthy decision addressing the intersection of toxic exposure, reproductive injury, and workers’ compensation exclusivity, a Washington state appellate court recently held that a child conceived after an employee’s...
Washington Court Allows “Preconception” Negligence Claim Against Employer — Exclusive Remedy Defense Rejected Washington Court Allows “Preconception” Negligence Claim Against Employer — Exclusive Remedy Defense RejectedFL’s Professional Athlete Exclusion Dooms Physician’s Use of MN’s exclusivity protection A Florida appellate court has rejected a Florida physician’s attempt to invoke Minnesota workers’ compensation immunity in a wrongful...
Florida Court Rejects Minnesota Immunity Claim Florida Court Rejects Minnesota Immunity ClaimToxic Fumes, Fraud Allegations, and Workers’ Compensation Exclusivity A federal district court in Colorado has held that workers’ compensation exclusivity barred tort claims brought by flight attendants who allegedly suffered...
Colorado Federal Court Dismisses Flight Attendants’ Tort Claims Against Frontier Airlines Colorado Federal Court Dismisses Flight Attendants’ Tort Claims Against Frontier AirlinesThe Minnesota Supreme Court has affirmed a court of appeals ruling that the co-employee immunity provision of the state’s Workers’ Compensation Act does not protect motor vehicle owners from vicarious...
MN Supreme Court: Co-employee Immunity Doesn’t Shield Vehicle Owner from Vicarious Liability MN Supreme Court: Co-employee Immunity Doesn’t Shield Vehicle Owner from Vicarious LiabilityEstes and Leighton Decisions Reshape Statute-of-Limitations Analysis in Compensation Cases In a pair of recent decisions, the Florida First District Court of Appeal has overruled more than twenty-five years of...
Florida Rewrites Tolling Rules Florida Rewrites Tolling RulesThe Appellate Division, Third Department, has affirmed a Workers’ Compensation Board finding that a deceased worker’s adult autistic son was dependent upon him at the time of his COVID-19 death,...
NY Court Affirms Dependent Adult Child Finding in COVID-19 Death Claim NY Court Affirms Dependent Adult Child Finding in COVID-19 Death ClaimWorkers’ compensation exclusivity is often discussed in broad terms, but difficult questions sometimes arise at the margins—particularly when an employee alleges misconduct not in causing the original injury, but in...
Federal Court Holds PA’s Exclusivity Bars Tortious Interference Claim Federal Court Holds PA’s Exclusivity Bars Tortious Interference ClaimLawyers are paid to draft agreements carefully. Contracts define relationships, allocate risk, and—at least in theory—clarify who stands in what legal posture to whom. But in workers’ compensation law, labels...
Substance Over Form: TN Court Looks Past Contract Label in Borrowed Employee Dispute Substance Over Form: TN Court Looks Past Contract Label in Borrowed Employee DisputeNo Reliable Proof of Increased Occupational Risk As the first wave of COVID-19 workers’ compensation litigation begins to settle into the books, appellate courts are leaving behind decisions that will...
Texas Court Rejects COVID-19 Death Claim Texas Court Rejects COVID-19 Death Claim