GA Co-Employee Defendant Enjoys Immunity from Civil Liability Following Parking Lot Accident

IL Contractor Who Provides Coverage for Subcontractor’s Workers Not Immune From Suit

The exclusive remedy provisions of the Illinois Workers' Compensation Act (Act)—820 ILCS 305/5(a), 11— do not extend to a general contractor who paid workers’ compensation insurance premiums and benefits for...

California Comp Act Does Not Bar COVID-19 Wrongful Death Claim

In an important decision that is certain to garner attention well beyond California’s borders, a California appellate court denied a petition for writ of mandate filed by an employer who...

Utah IME Physician May Not Be Sued by Workers’ Comp Claimant

Finding that a physician-patient relationship did not exist between a doctor hired by the workers’ compensation carrier to perform an independent medical examination of the claimant, the Supreme Court of...

Florida Utility Was Not Statutory Employer of Injured Workers of Maintenance Company

The obligation of a Florida public utility to maintain its facilities and equipment arose out of an administrative regulation and, therefore, was not the sort of obligation that could be...

No Apportionment of Fault Allowed against Arkansas Employer

Yesterday, an Arkansas appellate court affirmed a finding by a county circuit court that held the Uniform Contribution Among Tortfeasors Act, as amended and codified at Ark. Code Ann. §§...

War Between the States: Federal Court Decides PA Law Precludes Third-Party Indemnity Action Against Employer

With a conflicting web of state versus state policies that would make any Conflict of Laws professor salivate, a federal district court in Pennsylvania found a choice of law provision...

Divided Sixth Circuit Affirms Dismissal of Intentional Tort Action Filed against TN employer

In a split decision, the Sixth Circuit Court of Appeals affirmed the dismissal of an injured Tennessee worker’s intentional tort action against her employer based on the district court’s finding...

Rule 12(b)(1) vs. 12(b)(6): What’s the Difference? Parties Discover that With Motions to Dismiss, Subsections Matter

Questions of employer immunity from actions for workplace injuries do not raise issues pertaining to the original subject matter jurisdiction of Washington's superior courts, held a state appellate court in...

Federal Court in Colorado Holds Injured Employee May Not Recover Under Employer’s Uninsured Motorist Coverage

In a diversity insurance case that the court indicated was an issue of first impression, the U.S. District Court for the District of Colorado, construing Colorado law, held that an...

Divided Iowa Supreme Court Says TPAs Are Immune from Common Law Bad Faith Claims

In a signficantly divided (5-2) decision, the Supreme Court of Iowa, answering a question certified to it from the U.S. District Court for the Northern District of Iowa, held that,...

Iowa Statute Granting Immunity to Carriers for Faulty Inspections is Constitutional

Last Friday, the Supreme Court of Iowa, affirming a trial court’s earlier decision, held that Iowa Code § 517.5 (2017), which provides immunity to insurance companies and their inspectors from...