exclusive remedy News

Claim Survives Because of W.V. Statute that Limits Exclusions for Borrowed Vehicles

Workers’ compensation immunity doesn’t shield an insurer from liability for injuries caused by someone who was borrowing the employer’s truck, and neither do exclusions in the policy, the 4th Circuit Court of Appeals ruled. The appellate court found that workers’ …

Court Allows Suit Alleging ‘Outrageous Conduct’ by AIG and Coventry to Proceed

An Alabama appellate court has cleared the way for a lawsuit that alleges outrageous and fraudulent conduct by American International Group and Coventry against a worker who was injured in an explosion and sought psychological care. The Court of Civil …

Temp Workers in Wisconsin Have Right to File Tort or Claim Workers’ Comp

A recent decision handed down by the District III of the Wisconsin Court of Appeals gives injured temporary workers the ability to choose whether to file suit against their employer or claim workers’ compensation benefits. The case, on appeal from …

South Dakota Bill Seeks to Clarify Workers’ Comp Law

A bill introduced in the South Dakota House would clarify state law on when part-time employees injured on the job should also receive workers’ compensation benefits for their other part-time positions. The proposed legislation stems from a 2015 state Supreme …

Workers’ Comp Exclusive Remedy Bars Bad Faith Claim in North Carolina

The exclusive remedy provisions in North Carolina’s workers’ compensation law were recently challenged by an injured worker who sought to bring a bad faith claim against the insurer. The worker, Jeff Bowden, was injured while on the job. While his …