In 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 ClaimWorkers’ compensation immunity is often described as the product of a grand bargain: employers assume no-fault liability for workplace injuries, and in return receive protection from civil tort suits. But...
FL Court Rejects Workers’ Comp Immunity Defense Where No Subcontract Ever Existed FL Court Rejects Workers’ Comp Immunity Defense Where No Subcontract Ever ExistedReporting an Injury Alone Does Not Trigger Retaliation Protection In Delaware, an employee does not “claim” or “attempt to claim” workers’ compensation benefits merely by informing an employer of an...
Delaware High Court Clarifies What Counts as “Claiming” Workers’ Compensation Delaware High Court Clarifies What Counts as “Claiming” Workers’ CompensationThird Department Emphasizes Board’s Fact-Finding Authority and Strength of § 21 Presumption A workplace injury need not be witnessed to be compensable where circumstantial evidence supports the occurrence of an...
NY Court Affirms Claim Where Workplace Injury Unwitnessed but Supported by Circumstantial Evidence NY Court Affirms Claim Where Workplace Injury Unwitnessed but Supported by Circumstantial Evidence