Tag: immunity

Feb 22, 2019

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...

SC Court Affirms Finding That Maintenance Worker Was Not Statutory Employee of Manufacturer SC Court Affirms Finding That Maintenance Worker Was Not Statutory Employee of Manufacturer
Dec 31, 2018

Ohio Bureau of Workers’ Comp Immune From Tort Liability for Alleged Faulty Inspections

An Ohio appellant court recently held that the state’s Bureau of Workers’ Compensation (“BWC”) was immune from tort liability in a civil action filed against it by the estate of...

Ohio Bureau of Workers’ Comp Immune From Tort Liability for Alleged Faulty Inspections Ohio Bureau of Workers’ Comp Immune From Tort Liability for Alleged Faulty Inspections
Dec 26, 2018

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...

Immunity Afforded to Ohio Subcontractors Under Contractor’s Self-Insurance Plan is Constitutional Immunity Afforded to Ohio Subcontractors Under Contractor’s Self-Insurance Plan is Constitutional
May 11, 2018

Montana: Both Parties to Employee Leasing Arrangement Enjoy Exclusive Remedy of State’s Workers’ Compensation Act

Constitutional Provision Protecting Only “Immediate” Employers Does Not Limit Immunity In a decision that has important implications for Montana firms that utilize professional employer organizations (“PEOs”) for their labor forces,...

Montana: Both Parties to Employee Leasing Arrangement Enjoy Exclusive Remedy of State’s Workers’ Compensation Act Montana: Both Parties to Employee Leasing Arrangement Enjoy Exclusive Remedy of State’s Workers’ Compensation Act
Mar 16, 2018

Oklahoma Supreme Court: Parent Corporation Not Always Shielded by Exclusive Remedy Doctrine

Certified Question From Tenth Circuit re: “Dual-Capacity” A divided Supreme Court of Oklahoma, responding to a question certified to it by the Tenth Circuit Court of Appeals, has held the...

Oklahoma Supreme Court: Parent Corporation Not Always Shielded by Exclusive Remedy Doctrine Oklahoma Supreme Court: Parent Corporation Not Always Shielded by Exclusive Remedy Doctrine
Feb 9, 2018

The Road Less Traveled: Wisconsin Court of Appeals Shuns Majority Rule Re: Borrowing Employer’s Tort Immunity

Temporary Employee Has Option of Claiming Benefits or Suing in Tort Based, at least in part, on the court’s so-called “literal” reading of a Wisconsin statute [Wis. Stat. § 102.29(6)(b)1.], the...

The Road Less Traveled: Wisconsin Court of Appeals Shuns Majority Rule Re: Borrowing Employer’s Tort Immunity The Road Less Traveled: Wisconsin Court of Appeals Shuns Majority Rule Re: Borrowing Employer’s Tort Immunity
Nov 16, 2017

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...

Exempt Florida Corporate Officer of Subcontractor Barred From Suing General Contractor Exempt Florida Corporate Officer of Subcontractor Barred From Suing General Contractor
Apr 6, 2015

Kentucky Contractor Immune From Suit Filed by Employee of Subcontractor

Applying Kentucky’s “up-the-ladder immunity” doctrine, a state appellate court vacated a trial court’s refusal to grant summary judgment in favor of a defendant corporation that had been sued in tort...

Kentucky Contractor Immune From Suit Filed by Employee of Subcontractor Kentucky Contractor Immune From Suit Filed by Employee of Subcontractor
Nov 28, 2014

NY: Co-employee Immunity Bars Exercise Rider’s Suit For Crushed Foot From Falling Anvil

A civil action filed by one equestrian exercise rider against another for injuries sustained when an anvil owned by the defendant fell from defendant’s vehicle and crushed plaintiff’s foot is...

NY: Co-employee Immunity Bars Exercise Rider’s Suit For Crushed Foot From Falling Anvil NY: Co-employee Immunity Bars Exercise Rider’s Suit For Crushed Foot From Falling Anvil
Mar 31, 2014

New York: Vehicle Owner Shielded from Contribution By Exclusive Remedy Defense

Answering a question certified to it by the U.S. Court of Appeals (2nd Circuit), the Court of Appeals of New York, in Isabella v. Koubek, 2014 N.Y. LEXIS 569 (Mar....

New York: Vehicle Owner Shielded from Contribution By Exclusive Remedy Defense New York: Vehicle Owner Shielded from Contribution By Exclusive Remedy Defense
Oct 19, 2012

Illinois: Injured Employee’s “Dual Capacity/Dual Persona” Claim Against Corporate Officers of Employer Fails

In a recent decision by the Appellate Court of Illinois, Second District, Hilgart v. 210 Mittel Drive Partnership, 2012 Ill. App. LEXIS 850 (Oct. 17, 2012), the court held that...

Illinois: Injured Employee’s “Dual Capacity/Dual Persona” Claim Against Corporate Officers of Employer Fails Illinois: Injured Employee’s “Dual Capacity/Dual Persona” Claim Against Corporate Officers of Employer Fails