Worker’s Failure to Accommodate Action is Not Barred by Exclusivity

Colorado High Court Says Injured Employee May Not Recover Via Co-Employee’s UM/UIM Policy

An injured employee is barred by operation of Colorado’s Workers’ Compensation Act’s exclusivity and co-employee immunity principles from bringing a UM/UIM benefits action against a co-employee vehicle owner’s insurer for...

Illinois Court Says Action for Statutory Damages Under Biometric Act Not Barred by Exclusivity

Falling in line with several federal decisions that had earlier ruled on the issue, an Illinois appellate court held the exclusive remedy provisions of the state’s Workers’ Compensation Act do...

$2.9 Million California Judgment Against Employer Stands in Muddled Green Card Application Case

A California appellate court affirmed a $2.9 million judgment entered against a former movie industry employer who botched the green card application process of one of its foreign employees, resulting...

Florida Supreme Court Delivers Coup de Gras to Padgett

In a short—yet stinging—Order issued late yesterday [December 22, 2015], the Supreme Court of Florida declined to accept jurisdiction and accordingly denied a petition for review that had been filed...

Florida Appellate Court Throws Out Judge Cueto’s “Padgett” Decision on Procedural Grounds

Earlier 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,...

For Now, Exclusivity Does Not Bar Workers’ Tort Cases Against BP Products Following 2011 Chemical Release at Refinery

A 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...

US: Establishing “Substantial Certainty” in Intentional Tort Cases is Difficult

Construing La. Rev. Stat. § 23:1032, which generally provides that workers’ compensation is the exclusive remedy of an employee injured within the course and scope of the employment unless the...

Washington: School Custodian’s Tort Claim Against Employer for PTSD Resulting From Clean-up Duties Following Student’s Suicide Is Barred by Exclusivity

Last Thursday, a Washington state appellate court affirmed the dismissal of a civil action filed by a school custodian against her employer, a school district and its superintendent, alleging intentional...