Tag Archives: substantially certain

Divided Washington Court Again Refuses to Adopt Substantially Certain Test

A divided Supreme Court of Washington, noting that in Birklid v. Boeing Co., 127 Wn.2d 853, 904 P.2d 278 (1995) [see Larson’s Workers’ Compensation Law, § 103.04[3][c]], it had earlier refused to adopt the “substantially certain” test in defining deliberate … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on Divided Washington Court Again Refuses to Adopt Substantially Certain Test

US: Establishing “Substantial Certainty” in Intentional Tort Cases is Difficult

Construing La. Rev. Stat. § 23:1032, which generally provides that workers’ compensation is the exclusive remedy of an employee injured within the course and scope of the employment unless the act causing the injury was an intentional act, and observing … Continue reading

Posted in Case comment | Tagged , , , , , | Comments Off on US: Establishing “Substantial Certainty” in Intentional Tort Cases is Difficult

Nebraska: High Court Affirms Dismissal of Intentional Tort Action Filed Against Employer That Violated Multiple OSHA Regulations; Action Barred by Exclusive Remedy Defense

The Supreme Court of Nebraska recently affirmed a decision of a county district court that had dismissed a tort action filed against the defendant-employer by the estate of an employee who died of asphyxiation after being engulfed in grain inside … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on Nebraska: High Court Affirms Dismissal of Intentional Tort Action Filed Against Employer That Violated Multiple OSHA Regulations; Action Barred by Exclusive Remedy Defense

North Carolina: Intentional Tort Action Against Wal-Mart Related to Death of Wal-Mart “Greeter” Barred by Exclusivity

On Tuesday, the Court of Appeals of North Carolina affirmed a trial court’s order granting various defendants’ motions for summary judgment on exclusivity grounds in a wrongful death action filed by the administratrix of the estate of a Wal-Mart employee … Continue reading

Posted in Case comment | Tagged , , , , , | Comments Off on North Carolina: Intentional Tort Action Against Wal-Mart Related to Death of Wal-Mart “Greeter” Barred by Exclusivity

Florida: Court Reverses Injured Worker’s $2.7 Million Verdict Against Employer: Injury Was Not “Virtually Certain”

In a workers’ compensation immunity case, the Court of Appeal of Florida (Fourth District) yesterday reversed a $2.7 million jury verdict and final judgment in favor of an employee who suffered an amputation of a significant portion of his dominant … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on Florida: Court Reverses Injured Worker’s $2.7 Million Verdict Against Employer: Injury Was Not “Virtually Certain”

Oklahoma: Supreme Court Reverses Court of Appeals in “Substantially Certain” Case

In what will likely be one of the last cases to be heard under Oklahoma’s court-crafted version of the “substantially certain” rule [see Larson’s Workers’ Compensation Law, § 103.04[2][e]] that allows an injured employee to sue the employer for an … Continue reading

Posted in Case comment | Tagged , , , | Comments Off on Oklahoma: Supreme Court Reverses Court of Appeals in “Substantially Certain” Case

New Jersey: OSHA Violation is Insufficient to Show Necessary Level of “Intent” to Support Tort Claim Against Employer

As noted in my June 6, 2012 discussion of Estes v. Airco Serv., Inc., 2012 U.S. Dist. LEXIS 72134 (N.D. Okla., May 24, 2012), below, an important exception to the exclusive remedy rule relates to intentional injury inflicted by the … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on New Jersey: OSHA Violation is Insufficient to Show Necessary Level of “Intent” to Support Tort Claim Against Employer

US: 2010 Statutory Amendment Spelled “Certain” Demise of Oklahoma’s “Substantially Certain” Rule in Intentional Injury Actions Against Employers

An important exception to the exclusive remedy rule relates to intentional injury inflicted by the employer on an employee. Several legal theories have been advanced to support the exception. The best is that the employer will not be heard to … Continue reading

Posted in Case comment | Tagged , , , , , | Comments Off on US: 2010 Statutory Amendment Spelled “Certain” Demise of Oklahoma’s “Substantially Certain” Rule in Intentional Injury Actions Against Employers