Author Archives: Thomas A. Robinson

Vermont High Court Again Refuses to Utilize “Substantial Certainty” Exception for Intentional Injury Cases

Reiterating its decision in Kittell v. Vermont Weatherboard, Inc., 138 Vt. 439, 417 A.2d 926 (1980) (per curiam), in which the Supreme Court of Vermont held that nothing short of a specific intent to injure falls outside the scope of … Continue reading

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Virginia Bus Driver’s Failure to Wear Seat Belt Constituted Willful Misconduct

A bus driver, who sustained serious injuries in an accident in which his bus was struck from behind, causing it to careen against a guard rail and then flip over, ejecting the driver, was appropriately found to have violated his … Continue reading

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Affiliated NY Company Liable for Half of Driver’s Comp Benefits as Special Employer

In Matter of Mitchell v. Eaton’s Trucking Serv., Inc., 2018 N.Y. App. Div. LEXIS 6806 (3rd Dept., Oct. 11, 2018), a New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that found that a truck driver … Continue reading

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Employee’s Medical Bills Not Covered by “Medpay” Provision of Arizona Auto Policy Due to Exclusion for Workers’ Compensation Benefits

Where an employee was injured in a work-related auto accident, incurred $22,000 in medical expenses, a portion of which was paid pursuant to a workers’ compensation claim and the employee recovered $15,000 from a third-party tortfeasor but, under the Arizona … Continue reading

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NY Employee’s Shoulder Injury While Scanning Parking Pass Not Compensable

An employee, who sustained a shoulder injury as she reached out of her car window to scan her parking pass at a parking garage near her place of employment, did not sustain an injury arising out of and in the … Continue reading

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I’ve Written a New Book from the “Other Side” of my Life

I am pleased to announce the recent publication of my new book entitled, Questions of Faith: Encountering Christ at the Point of Doubt and Confusion [Mazarin Press, Raleigh, NC; additional details below]. The title and subject matter may surprise many … Continue reading

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Nevada Casino Employee’s Tort Action Against Employer for Delaying Stroke Treatment is Barred by Exclusivity

A 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 his employer failed to seek special medical assistance within a … Continue reading

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Oklahoma Claimant Awarded Additional Benefits After Freak Accident at Medical Facility

If It Weren’t For Bad Luck, She’d Have No Luck at All An Oklahoma workers’ compensation claimant is entitled to additional benefits following a bizarre incident in which she sustained further injuries to her knee in 2012 at a medical … Continue reading

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NC Worker’s Tort Claim Against Insurer for Malicious Prosecution May Move Forward

While a workers’ compensation insurer generally enjoys the same sort of immunity from tort liability afforded the employer [see Larson’s Workers’ Compensation Law, § 100.01], there are limits to that immunity. A decision issued Tuesday illustrates those limits. There, the … Continue reading

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Maryland Cab Driver’s “Misclassification” Action Appropriately Dismissed

Misclassification of Workers is not Recognized as independent Tort A Maryland cab driver, who sustained injuries in a work-related auto accident, may not maintain a civil action against the cab company for “independent contractor misclassification,” held a state appellate court … Continue reading

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