Tag Archives: Exclusive Remedy

Exempt Florida Corporate Officer of Subcontractor Barred From Suing General Contractor

An officer of a Florida corporation, who elected to be exempt from workers’ compensation coverage [see § 440.02(15)(b)(1), Fla. Stat. (2008)], and whose “employing” corporation was a subcontractor on a construction project, may not sue the general contractor and other … Continue reading

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Raped California Hotel Employee May Proceed Against Employer under State’s Fair Employment and Housing Act

Where a California employee alleged facts showing that she was raped while working on the employer’s premises by a drunk nonemployee trespasser, that the employer knew or should have known the trespasser was on the employer’s premises for about an … Continue reading

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Employer and Co-Employees Not Liable in Tort Following Holiday Party Fatality

In a case with bizarre underlying facts, a New York appellate court held a trial court erred in denying an employer’s summary judgment motion in a tort action filed against it by the surviving spouse of an employee who died … Continue reading

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Bob Wilson May Have a “Cluttered Desk;” His Prediction of Opt Out Reprise is Spot On!

What if Employers Are Willing to Give Up Exclusive Remedy Defense? In his typically lucid and engaging style, Bob Wilson mused in his post this morning that the employer opt out movement in workers’ compensation law isn’t dead; it’s only … Continue reading

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New York Church Volunteer’s Personal Injury Action Barred by Exclusive Remedy Rule

A church volunteer, who contended that she suffered injuries when she tripped and fell over an exposed power cord near or on the altar as she went to help distribute Communion, may not sue the church in tort as her … Continue reading

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Arizona Social Worker Employed At Prison May Not Sue State for Slip and Fall Injuries

Where the State of Arizona, through its Department of Corrections, had an ongoing duty to insure that inmates received adequate health services and it contracted with an employment services provider to supply health care professionals to provide such services, retaining … Continue reading

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“Fore”: Country Club Locker Room Attendant Struck in Groin by Golf Club Shaft May Sue Co-Employee

A locker room attendant at a Queensbury country club, who had his left testicle surgically removed following a bizarre incident in which the attendant was struck in the groin by a golf club shaft wielded by the country club’s general … Continue reading

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Arkansas Estate’s Wrongful Death/Mesothelioma Case Barred by “Catch–22”

In a deeply divided decision, the Supreme Court of Arkansas recently held that a wrongful death action filed against a deceased worker’s employer was barred by the exclusive remedy provisions of the state’s Workers’ Compensation Act in spite of the … Continue reading

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New Mexico High Court Blocks Estate’s Attempt to Go After Employer’s Uninsured Motorist Coverage

No Coverage Where Tortfeasor Was Co-Employee Answering a question certified to it from a federal district court sitting in New Mexico, that state’s Supreme Court held that an employee injured in the course of the employment by a co-employee operating … Continue reading

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Leahy Bill in U.S. Senate Could Kill Key Provision in Texas Nonsubscriber ERISA Plans

A bill [S. 2506] introduced on February 4, 2016, by Senator Patrick Leahy (D-VT), would, if passed into law, appear to invalidate a core provision found in most Texas workers’ compensation “employee benefit plans.” The Leahy bill, known as “Restoring … Continue reading

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