Tag: Exclusive Remedy

Feb 17, 2022

Civil Action Related to COVID-19 Death of Texas Employee Barred by Exclusivity

A federal district court, sitting in Texas and construing Texas law, granted a defendant-employer’s motion for summary judgment in a civil action filed against it by the family of a...

Civil Action Related to COVID-19 Death of Texas Employee Barred by Exclusivity Civil Action Related to COVID-19 Death of Texas Employee Barred by Exclusivity
Dec 24, 2021

California Comp Act Does Not Bar COVID-19 Wrongful Death Claim

In an important decision that is certain to garner attention well beyond California’s borders, a California appellate court denied a petition for writ of mandate filed by an employer who...

California Comp Act Does Not Bar COVID-19 Wrongful Death Claim California Comp Act Does Not Bar COVID-19 Wrongful Death Claim
Dec 14, 2021

Federal Court Dismisses Racially-Based IIED Suit Filed Against Co-Employee

A federal district court, construing Missouri law, dismissed a civil action filed by one employee against another alleging negligent infliction of emotional distress (“NIED”) and intentional infliction of emotional distress...

Federal Court Dismisses Racially-Based IIED Suit Filed Against Co-Employee Federal Court Dismisses Racially-Based IIED Suit Filed Against Co-Employee
Nov 16, 2021

Florida’s Second DCA Reverses Itself; Public Utility Was “Contractor” as to its Maintenance Efforts

Following Tampa Electric Company's motion for rehearing regarding its October 20, 2020 decision, in which Florida’s Second District Court of Appeal had held that the public utility company’s obligation to...

Florida’s Second DCA Reverses Itself; Public Utility Was “Contractor” as to its Maintenance Efforts Florida’s Second DCA Reverses Itself; Public Utility Was “Contractor” as to its Maintenance Efforts
Nov 11, 2021

Alaska Supreme Court Says Estate’s Wrongful Death Action is Barred by Exclusivity Even When Comp Benefits are Limited to Burial Expenses

Addressing a difficult factual pattern for the second time, the Supreme Court of Alaska affirmed a trial court’s decision that had granted summary judgment in favor of a general contractor...

Alaska Supreme Court Says Estate’s Wrongful Death Action is Barred by Exclusivity Even When Comp Benefits are Limited to Burial Expenses Alaska Supreme Court Says Estate’s Wrongful Death Action is Barred by Exclusivity Even When Comp Benefits are Limited to Burial Expenses
Nov 8, 2021

Utah High Court Hints that Intentional Tort Exception to Exclusivity Might Not Apply to Occupational Disease Claims

Observing that Utah has recognized the intentional tort exception to exclusivity in cases falling under the state’s Workers’ Compensation Act (WCA), but had not (yet) extended the exception to cases...

Utah High Court Hints that Intentional Tort Exception to Exclusivity Might Not Apply to Occupational Disease Claims Utah High Court Hints that Intentional Tort Exception to Exclusivity Might Not Apply to Occupational Disease Claims
Aug 26, 2021

Delaware Board Must Decide if COVID-Related Claim is Compensable

The Superior Court of Delaware (New Castle) held that the issue of whether an employee’s fatal COVID-19 infection was an injury or occupational disease must be determined by the state’s...

Delaware Board Must Decide if COVID-Related Claim is Compensable Delaware Board Must Decide if COVID-Related Claim is Compensable
Jul 1, 2021

Illinois Court Stresses that Both Loaning and Borrowing Employers are Immune From Tort Liability

In an Illinois personal injury action filed by a temporary worker who had been assigned by a temporary staffing agency to a packaging company, both the “loaning” employer and the...

Illinois Court Stresses that Both Loaning and Borrowing Employers are Immune From Tort Liability Illinois Court Stresses that Both Loaning and Borrowing Employers are Immune From Tort Liability
Jun 15, 2021

NY Jury Must Consider Whether Defendant was Special Employee Entitled to Exclusive Remedy Defense

A New York appellate court affirmed a trial court’s determination that there were issues of fact as to whether a defendant was the special employee of plaintiff’s employer so as...

NY Jury Must Consider Whether Defendant was Special Employee Entitled to Exclusive Remedy Defense NY Jury Must Consider Whether Defendant was Special Employee Entitled to Exclusive Remedy Defense
Jun 10, 2021

Action Filed Under NJ’s Discrimination Law Not Barred by Exclusive Remedy Rule

The Supreme Court of New Jersey, examining the intersection between the state’s Worker’s Compensation Act (WCA) and its Law Against Discrimination (LAD), held that a teacher’s LAD claim alleging that...

Action Filed Under NJ’s Discrimination Law Not Barred by Exclusive Remedy Rule Action Filed Under NJ’s Discrimination Law Not Barred by Exclusive Remedy Rule
Jun 9, 2021

Intentional Injury Action Against Co-Employees Fails Under Alabama’s Substantially Certain Rule

Applying Alabama’s intentional injury exception to the exclusive remedy rule, the Supreme Court of Alabama affirmed a trial court’s decision granting two co-employee defendants summary judgment in a civil action...

Intentional Injury Action Against Co-Employees Fails Under Alabama’s Substantially Certain Rule Intentional Injury Action Against Co-Employees Fails Under Alabama’s Substantially Certain Rule
May 24, 2021

Employee’s Action Against Employer’s Comp Insurer For Self-Inflicted Gunshot Wound Barred by Exclusivity

In a divided decision, the Supreme Court of Wisconsin affirmed a finding by the state’s Court of Appeals that the exclusive remedy provisions of the Wisconsin Workers’ Compensation Act barred...

Employee’s Action Against Employer’s Comp Insurer For Self-Inflicted Gunshot Wound Barred by Exclusivity Employee’s Action Against Employer’s Comp Insurer For Self-Inflicted Gunshot Wound Barred by Exclusivity