Tag Archives: Exclusive Remedy

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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Washington Appellate Court Again Says “Tasered Trooper’s” Tort Action Not Barred by Exclusive Remedy Defense

Did Intermediate Appellate Court Abide by Supreme Court’s Remand Instructions? In a case that has ricocheted from a Washington state trial court to an intermediate appellate court and from that appellate court to the Supreme Court of Washington and back again, the … Continue reading

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Widow of Illinois Mesothelioma Victim Finds Herself with Catch–22

The widow of a worker who was diagnosed with mesothelioma some 40 years after his exposure to asbestos may not sue the former employer to recover damages since her exclusive remedy was within the Illinois Workers’ Compensation Act and/or the … Continue reading

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Iowa Sole Proprietor Working Alongside Others is Still Employer For Purposes of Workers’ Compensation Exclusive Remedy Defense

An Iowa sole proprietor, who worked alongside his employees, was nevertheless still an employer—and not a co-employee—for purposes of the Iowa Workers’ Compensation Act, held a state appellate court [Mullen v. Grettenberg, 2015 Iowa App. LEXIS 927 (Oct. 14, 2015)]. … Continue reading

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Florida Appellate Court Throws Out Judge Cueto’s “Padgett” Decision on Procedural Grounds

Earlier today (June 24th), Florida’s Third District Court of Appeal reversed and completely repudiated the decision of Judge Jorge E. Cueto, Circuit Court for Miami-Dade County, that had, on August 19, 2014, held the exclusive remedy provision of the state’s Workers’ … Continue reading

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Kentucky Truck Driver’s Tort Action Against Wal-Mart Barred by Statutory Employer Rules

A truck driver, who alleged that he sustained injuries while delivering merchandise to a Wal-Mart store in Kentucky cannot proceed in his civil action against the large retailer since, under the facts of the case, Wal-Mart was the driver’s statutory … Continue reading

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South Carolina Bill Would Make Workers’ Comp Coverage Optional for Most Employers

A bill introduced in the South Carolina Senate on April 16th (2015 Bill Text SC S.B. 674) would make workers’ compensation coverage optional for the vast majority of the state’s employers—not just those who choose to set up written alternative … Continue reading

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