Construing Iowa's special co-employee immunity statute [Iowa Code § 85.20(2)], pursuant to which a coemployee is not immune from tort liability if his or her gross negligence causes injury to...
Iowa Employee’s Tort Action Against Co-Employees Alleging Gross Negligence Fails Iowa Employee’s Tort Action Against Co-Employees Alleging Gross Negligence FailsAn Ohio appellate court reversed a trial court’s determination that an injured worker had not sustained a compensable mental injury–Depressive Disorder, not otherwise specified–stemming from her original 2007 knee injury,...
Foreseeability of Ohio Worker's Depression is Not a Factor in Judging Compensability of Mental Condition Foreseeability of Ohio Worker's Depression is Not a Factor in Judging Compensability of Mental ConditionA civil action filed by an injured worker against a third-party claims administrator for alleged improper claims handling may proceed, held a Delaware court recently [see Ferrari v. Helmsman Mgmt....
Delaware Worker's Tort Suit Against TPA May Continue Delaware Worker's Tort Suit Against TPA May ContinueIn an opinion that provides perhaps the best discussion of the intentional injury exception to a state’s exclusive remedy rule, the Supreme Court of Texas held that in order for...
Texas High Court Shows "Substantially Certain" Rule Differs "Substantially" from State to State Texas High Court Shows "Substantially Certain" Rule Differs "Substantially" from State to StateIn an unusual case with an interesting twist, a New York appellate court yesterday affirmed a decision by a state trial court that denied a defendant's motion for summary judgment...
Injured NY Worker Who Received Comp Benefits Might Also Recover in Tort Against Co-Worker Injured NY Worker Who Received Comp Benefits Might Also Recover in Tort Against Co-WorkerA 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...
$2.9 Million California Judgment Against Employer Stands in Muddled Green Card Application Case $2.9 Million California Judgment Against Employer Stands in Muddled Green Card Application CaseA former pharmaceutical employee, who contended his employer and its CEO forced him to use a proposed (and non-FDA approved) nasal spray medication that the employer was trying to develop...
Former NJ Employee’s Tort Suit Alleging Pharma Employer Forced Him to Use Non-FDA Approved Nasal Spray is Barred by Exclusivity Rule Former NJ Employee’s Tort Suit Alleging Pharma Employer Forced Him to Use Non-FDA Approved Nasal Spray is Barred by Exclusivity RuleIn 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,...
Divided Iowa Supreme Court Says TPAs Are Immune from Common Law Bad Faith Claims Divided Iowa Supreme Court Says TPAs Are Immune from Common Law Bad Faith ClaimsOn Tuesday of this week, the Supreme Court of Rhode Island affirmed a determination by a state trial court that granted summary judgment, on exclusive remedy grounds [see R.I. Gen....
Rhode Island’s Exclusive Remedy Rule Shields Worker Who Engaged in Dangerous Horseplay Rhode Island’s Exclusive Remedy Rule Shields Worker Who Engaged in Dangerous HorseplayA housekeeping employee at a Las Vegas casino, who suffered a stroke just prior to the beginning of his work shift, and who contended his medical condition was exacerbated when...
Nevada Casino Employee’s Tort Action Against Employer for Delaying Stroke Treatment is Barred by Exclusivity Nevada Casino Employee’s Tort Action Against Employer for Delaying Stroke Treatment is Barred by ExclusivityIn Young v. Station 27, Inc., 2017 OK 68, 2017 Okla. LEXIS 69 (Sept. 12, 2017), the Supreme Court of Oklahoma finessed the constitutionality of the state’s current retaliatory discharge...
Oklahoma High Court Finesses Constitutional Issue as to Retaliatory Discharge Statute Oklahoma High Court Finesses Constitutional Issue as to Retaliatory Discharge StatuteHas the State Established New Weight-Loss Program for Workers? Emphasizing that within the Colorado workers’ compensation scheme, the employer does not necessarily take the employee as it finds him (or...
Colorado Court Apportions Two-Thirds of Occupational Disease Claim to Overweight Mechanic Colorado Court Apportions Two-Thirds of Occupational Disease Claim to Overweight Mechanic