Tag: res judicata

Jul 21, 2022

Louisiana Plaintiff’s Civil Action Against Company Barred by Workers’ Comp Settlement

A Louisiana appellate court held a plaintiff could not maintain a tort action against a defendant where the plaintiff and the defendant had settled a workers’ compensation action that involved...

Louisiana Plaintiff’s Civil Action Against Company Barred by Workers’ Comp Settlement Louisiana Plaintiff’s Civil Action Against Company Barred by Workers’ Comp Settlement
Sep 16, 2021

NY Court Says Collateral Estoppel Bars Injured Worker’s Subsequent Negligence Action Against Defendants

A New York appellate court affirmed a decision by a state trial court that granted defendants summary judgment in a negligence action filed against them related to the alleged malfunction...

NY Court Says Collateral Estoppel Bars Injured Worker’s Subsequent Negligence Action Against Defendants NY Court Says Collateral Estoppel Bars Injured Worker’s Subsequent Negligence Action Against Defendants
Sep 14, 2021

Res Judicata Does Not Bar KY Employee From Reopening Claim

Quoting Larson’s Workers’ Compensation Law, and stressing that the doctrine of res judicata should be applied differently in workers’ compensation cases than in the usual context of a judicial action,...

Res Judicata Does Not Bar KY Employee From Reopening Claim Res Judicata Does Not Bar KY Employee From Reopening Claim
Nov 3, 2020

GA Court: Establishing Res Judicata is Difficult as to Medical Issues

Stressing that because a claimant’s course of treatment is fluid and may evolve over time as either the claimant’s condition changes, the recommendations of the authorized treating physician change, or...

GA Court: Establishing Res Judicata is Difficult as to Medical Issues GA Court: Establishing Res Judicata is Difficult as to Medical Issues
Jun 26, 2020

New York Mother's Intentional Tort Action Against Farm Owner Barred

A New York appellate court affirmed a decision of a state trial court that had granted summary judgment to a defendant/farm owner who had been sued by the mother of...

New York Mother's Intentional Tort Action Against Farm Owner Barred New York Mother's Intentional Tort Action Against Farm Owner Barred
Aug 26, 2019

Receipt of Benefits Bars Worker and Parents of Deceased Worker From Maintaining Civil Actions Against North Dakota “Employer”

Where one North Dakota worker was killed and another seriously injured in a work-related explosion, neither the deceased worker’s parents nor the injured worker could maintain a civil action against...

Receipt of Benefits Bars Worker and Parents of Deceased Worker From Maintaining Civil Actions Against North Dakota “Employer” Receipt of Benefits Bars Worker and Parents of Deceased Worker From Maintaining Civil Actions Against North Dakota “Employer”
Jul 27, 2017

Maine High Court Blocks Employer’s Attempt to Challenge Continued Existence of Disability

Highlighting the fine line that exists, on the one hand, between a party’s attempt to relitigate an issue already decided and, on the other hand, a party’s contention that a...

Maine High Court Blocks Employer’s Attempt to Challenge Continued Existence of Disability Maine High Court Blocks Employer’s Attempt to Challenge Continued Existence of Disability
Apr 7, 2017

Arbitrator’s Decision in PA Heart and Lung Hearing is Not Binding on Workers’ Compensation Judge

While issue preclusion generally applies to the decisions of Workers’ Compensation Boards and Commissions, just as it does generally to court decisions [see, e.g., Larson’s Workers’ Compensation Law, § 127.07],...

Arbitrator’s Decision in PA Heart and Lung Hearing is Not Binding on Workers’ Compensation Judge Arbitrator’s Decision in PA Heart and Lung Hearing is Not Binding on Workers’ Compensation Judge
Jul 27, 2016

Ohio High Court Says Injury is Not Required to Support Retaliatory Discharge Claim

In a split decision, the Supreme Court of Ohio held that compensability of the alleged underlying injury is not a required element in a retaliatory discharge action under Ohio Rev....

Ohio High Court Says Injury is Not Required to Support Retaliatory Discharge Claim Ohio High Court Says Injury is Not Required to Support Retaliatory Discharge Claim
Sep 14, 2013

Illinois: Workers’ Comp’s “Traveling Employee” Rule May Not Be Expanded to Tort Arena

Under workers’ compensation law’s so-called “going and coming” rule, for an employee having fixed hours and place of work, injuries sustained en route to or from the workplace are generally...

Illinois: Workers’ Comp’s “Traveling Employee” Rule May Not Be Expanded to Tort Arena Illinois: Workers’ Comp’s “Traveling Employee” Rule May Not Be Expanded to Tort Arena