Tag Archives: Exclusive Remedy

Exclusive Remedy Defense Protects Some Employers In Spite of Express Indemnification Agreement

Landlord Could Not Implead Tenant/Employer In Injured Employee’s Suit Where Employer Was Not Negligent The exclusive remedy provision of the Delaware Workers’ Compensation Act [Del. Code Ann. tit. 19, § 2304] is so strong, held a state superior court, that … Continue reading

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Plaintiff May Not Use Illinois’ “One Day in Rest Act” to Subvert Exclusive Remedy of State’s Workers’ Compensation Act

The administrator of the estate of an Illinois employee killed in a work-related vehicular accident may not utilize the state’s “One Day Rest in Seven Act” (“ODRA”)[820 Ill. Comp. Stat. 140/1 et seq.] to recover damages in a civil action … Continue reading

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Washington Public Defender May Be Able to Recover in Tort for Work-Related PTSD

Restrictive “Mental-Mental” Coverage in State’s Comp Act Opens Door to Potential Liability In a case with a bizarre fact pattern, a King County (Washington) public defender, who contended that she suffered post-traumatic stress disorder (PTSD) after she was stalked and … Continue reading

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Ohio Widow’s Action Against Ford for Failure to Implement Substance Abuse Policy is Barred by Exclusivity Defense

Post-Mortem Shows Marijuana, Fentanyl, and Alcohol in Deceased Employee’s System In what appears to be the first case of its kind—an action filed against an employer for its allegedly inadequate measures in implementing the company’s substance abuse policy—an Ohio appellate … Continue reading

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Claim Under Minnesota’s Human Rights Act Not Barred by Exclusive Remedy Rule

In a split decision, the Supreme Court of Minnesota held that an employee, who sustained a work-related injury and who was receiving workers’ compensation benefits, may proceed against his employer under the state’s Human Rights Act (“HRA”) for discrimination against … Continue reading

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“Regular” or “Recurrent” is Key to Statutory Employer Issue in Kentucky

Construing Kentucky’s “up-the-ladder” statutory employer framework, a state appellate court recently reiterated that workers' compensation immunity is extended to contractors—those who contract with another to have work performed of a kind that is a “regular or recurrent part of the … Continue reading

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SC Court Affirms Finding That Maintenance Worker Was Not Statutory Employee of Manufacturer

$14 Million Verdict Stands, Worker’s Duties, Although “Essential,” Were Not Part of Defendant’s Business In a South Carolina wrongful death action, the state’s Court of Appeals recently affirmed a trial court’s denial of a corporate defendant’s motion for judgment notwithstanding … Continue reading

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Immunity Afforded to Ohio Subcontractors Under Contractor’s Self-Insurance Plan is Constitutional

The grant of immunity afforded to subcontractors enrolled in an Ohio contractor’s self-insurance plan [see Ohio Rev. Code Ann. § 4123.35(O)] from claims by employees of another enrolled subcontractor does not violate right-to-remedy, right-to-jury, or equal-protection provisions of the Ohio … Continue reading

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Massachusetts Retaliatory Discharge Statute Protects Employee’s Right to Sue Employer in Tort

A provision of the Massachusetts Workers’ Compensation Act (Act), Mass. Gen. Laws ch. 152, § 75B(2), and not the common law, affords an employee who was injured on the job and incurred a loss of earning capacity from the injury … Continue reading

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New York: Board—Not the Trial Court—Must Determine if Worker Was Independent Contractor

Reiterating the important rule in New York, that where the availability of workers’ compensation benefits hinges upon questions of fact or upon mixed questions of fact and law, the parties may not choose the courts as the forum for resolution … Continue reading

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