Tag Archives: Exclusive Remedy

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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Georgia Mother May Sue Deceased Son’s Employer and Staffing Company Where Co-Worker Murderer May Have been Negligently Hired

A mother’s wrongful death action against her son’s employer was not barred by the exclusive remedy provisions of the Georgia Workers’ Compensation Act (“Act”) where the undisputed facts clearly showed that her son’s death did not arise out of the … Continue reading

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Wyoming Father May Sue Employer For Anguish Related to Co-employee Son’s Death

Where a father and son were co-employees working at an excavation site and the son was struck in the head with the bucket of a track hoe—the blow causing serious injury—and the father was summoned to the scene, where he … Continue reading

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Valley Fever Plaintiff Fails To Establish Comp Insurance Co.’s Extreme or Outrageous Conduct

Where a Mississippi resident contracted coccidiodomycosis (“Valley Fever”) at a job site in California and had received some indemnity and medical benefits under California’s Workers’ Compensation Act (“the Act”), he could not maintain a civil action for the insurance company’s … Continue reading

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Florida Supreme Court Delivers Coup de Gras to Padgett

In a short—yet stinging—Order issued late yesterday [December 22, 2015], the Supreme Court of Florida declined to accept jurisdiction and accordingly denied a petition for review that had been filed by a claimants’ group seeking to overturn the exclusive remedy … Continue reading

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