Did Intermediate Appellate Court Abide by Supreme Court’s Remand Instructions? In a case that has ricocheted from a Washington state trial court to an intermediate appellate court and from that appellate court...
Washington Appellate Court Again Says “Tasered Trooper’s” Tort Action Not Barred by Exclusive Remedy Defense Washington Appellate Court Again Says “Tasered Trooper’s” Tort Action Not Barred by Exclusive Remedy DefenseThe widow of a worker who was diagnosed with mesothelioma some 40 years after his exposure to asbestos may not sue the former employer to recover damages since her exclusive...
Widow of Illinois Mesothelioma Victim Finds Herself with Catch–22 Widow of Illinois Mesothelioma Victim Finds Herself with Catch–22An Iowa sole proprietor, who worked alongside his employees, was nevertheless still an employer—and not a co-employee—for purposes of the Iowa Workers’ Compensation Act, held a state appellate court [Mullen...
Iowa Sole Proprietor Working Alongside Others is Still Employer For Purposes of Workers’ Compensation Exclusive Remedy Defense Iowa Sole Proprietor Working Alongside Others is Still Employer For Purposes of Workers’ Compensation Exclusive Remedy DefenseEarlier today (June 24th), Florida’s Third District Court of Appeal reversed and completely repudiated the decision of Judge Jorge E. Cueto, Circuit Court for Miami-Dade County, that had, on August 19,...
Florida Appellate Court Throws Out Judge Cueto’s “Padgett” Decision on Procedural Grounds Florida Appellate Court Throws Out Judge Cueto’s “Padgett” Decision on Procedural GroundsA truck driver, who alleged that he sustained injuries while delivering merchandise to a Wal-Mart store in Kentucky cannot proceed in his civil action against the large retailer since, under...
Kentucky Truck Driver’s Tort Action Against Wal-Mart Barred by Statutory Employer Rules Kentucky Truck Driver’s Tort Action Against Wal-Mart Barred by Statutory Employer RulesA bill introduced in the South Carolina Senate on April 16th (2015 Bill Text SC S.B. 674) would make workers’ compensation coverage optional for the vast majority of the state’s...
South Carolina Bill Would Make Workers’ Comp Coverage Optional for Most Employers South Carolina Bill Would Make Workers’ Comp Coverage Optional for Most EmployersIn what Professor Larson would have referred to as an “upside-down” exclusivity case—where the employee tries to prove that her injuries were not covered by the applicable workers’ compensation law...
Virgin Islands: Going and Coming—Is Break Taken to Run Errands a “Lunch” Break Virgin Islands: Going and Coming—Is Break Taken to Run Errands a “Lunch” BreakApplying Kentucky’s “up-the-ladder immunity” doctrine, a state appellate court vacated a trial court’s refusal to grant summary judgment in favor of a defendant corporation that had been sued in tort...
Kentucky Contractor Immune From Suit Filed by Employee of Subcontractor Kentucky Contractor Immune From Suit Filed by Employee of SubcontractorTwo Injured Workers File Petition With Oklahoma Supreme Court Two Oklahoma workers who were denied benefits under Injury Benefit Plans set up by their respective employers after the effective date...
Injured Workers Challenge Constitutionality of Oklahoma Opt Out Law Injured Workers Challenge Constitutionality of Oklahoma Opt Out LawSenate Bill 721 On Wednesday, state senator Mark Green (Republican from Clarksville), introduced Senate Bill 721 to the Tennessee legislature. If enacted, many Tennessee employers would be allowed to opt-out...
Workers’ Comp “Opt-Out” Bill Introduced in Tennessee Legislature Workers’ Comp “Opt-Out” Bill Introduced in Tennessee LegislatureA Federal District Court in Texas has refused to grant a motion for summary judgment filed by Defendant BP Products North America, Inc. (“BP Products”) in a civil action arising...
For Now, Exclusivity Does Not Bar Workers’ Tort Cases Against BP Products Following 2011 Chemical Release at Refinery For Now, Exclusivity Does Not Bar Workers’ Tort Cases Against BP Products Following 2011 Chemical Release at RefineryIn a decision handed down last Thursday [Morales v. Zenith Ins. Co., 2014 Fla. LEXIS 3555 (Dec. 4, 2014)], the Supreme Court of Florida may well have tipped its hand...
Commentary: Florida Supreme Court Hints at How It May Decide Constitutionality of Florida Comp Act Commentary: Florida Supreme Court Hints at How It May Decide Constitutionality of Florida Comp Act