Tag Archives: exclusive remdy

Connecticut High Court: Widow’s Bystander Emotional Distress Action Barred by Exclusivity

Earlier today, the Supreme Court of Connecticut released a decision holding that a widow’s bystander emotional distress action filed against her deceased husband’s employer is barred by the exclusive remedy provisions of the Connecticut Workers’ Compensation Act [Conn. Gen. Stat. … Continue reading

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California: Legal Secretary’s IIED Claim Against Attorney and Firm Related to Pornographic Emails May Proceed

In an unpublished decision, Elster v. Fishman, 2013 Cal. App. Unpub. LEXIS 5158 (July 22, 2013) [check Cal. Rules of Court, Rule 8.1115(a) regarding rules related to citation], a California appellate court recently reversed a trial court’s order sustaining demurrers … Continue reading

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Nebraska: High Court Affirms Dismissal of Intentional Tort Action Filed Against Employer That Violated Multiple OSHA Regulations; Action Barred by Exclusive Remedy Defense

The Supreme Court of Nebraska recently affirmed a decision of a county district court that had dismissed a tort action filed against the defendant-employer by the estate of an employee who died of asphyxiation after being engulfed in grain inside … Continue reading

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South Carolina: Supreme Court Adopts Larson’s “Dual Persona” Doctrine

Answering a question certified to it by the U.S. District Court for the District of South Carolina, the Supreme Court of South Carolina, in Mendenall v. Anderson Hardwood Floors, Inc., 2013 S.C. LEXIS 27219 (Feb. 13, 2013), recently held that … Continue reading

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North Carolina: Intentional Tort Action Against Wal-Mart Related to Death of Wal-Mart “Greeter” Barred by Exclusivity

On Tuesday, the Court of Appeals of North Carolina affirmed a trial court’s order granting various defendants’ motions for summary judgment on exclusivity grounds in a wrongful death action filed by the administratrix of the estate of a Wal-Mart employee … Continue reading

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Oklahoma: Supreme Court Reverses Court of Appeals in “Substantially Certain” Case

In what will likely be one of the last cases to be heard under Oklahoma’s court-crafted version of the “substantially certain” rule [see Larson’s Workers’ Compensation Law, § 103.04[2][e]] that allows an injured employee to sue the employer for an … Continue reading

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Iowa: Lack of “Adequate” Remedy Does Not Mean Exclusive Remedy Provision May Be Circumvented

As observed by Dr. Larson, the exclusiveness defense is part of the quid pro quo by which “the sacrifices and gains of employees and employers are to some extent put in balance” [see Larson’s Workers’ Compensation Law, § 100.04]. It … Continue reading

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Virginia: Non-Dependent Relative of Deceased Worker Caught in Catch-22

In the vast majority of states, non-dependent relatives of employees who suffer fatal work-related injuries are caught in a Catch-22. Since most state acts limit workers’ compensation death benefits to dependents, they don’t qualify. Yet, based upon the wording of … Continue reading

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US: 2010 Statutory Amendment Spelled “Certain” Demise of Oklahoma’s “Substantially Certain” Rule in Intentional Injury Actions Against Employers

An important exception to the exclusive remedy rule relates to intentional injury inflicted by the employer on an employee. Several legal theories have been advanced to support the exception. The best is that the employer will not be heard to … Continue reading

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Illinois: Safety Inspectors Are Immune From Tort Liability For Negligent Inspection

An integral and important part of the workers’ compensation “bargain” is the notion that once a workers’ compensation act has become applicable, either through compulsion or election, it affords the exclusive remedy for the injury by the employee or the … Continue reading

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