exclusive remedy News

School Board: Workers’ Comp Bars Suit by Teacher Shot by 6-Year Old

The Newport News public school board says the $40 million lawsuit filed against it by the teacher who was shot by a six-year old is barred by the state’s workers’ compensation law that is the exclusive remedy for workplace injuries. …

Pa. Supreme: Exclusive Remedy Bars Lawsuit over Dog Bite

A customer’s dog bit Lindsay Franczyk while she worked at The Home Depot. Her supervisors wouldn’t let her talk to the dog’s owner and didn’t write down any names, so she wasn’t able to file a lawsuit against the person …

Rite Aid Not Liable in Warehouse Shooting that Killed 3 Workers

Rite Aid is not liable for a mass shooting that killed three workers at a warehouse in Maryland; not because it was protected by workers’ compensation immunity, but because the plaintiffs did not show the tragedy could have been foreseen …

SC Supreme: Exclusive Remedy Bars UI Benefits for Crash in Co-Worker’s Car

If Stephany Connelly had not been working, she may have been entitled to collect up to $350,000 in uninsured motorist benefits because of the injuries she suffered from a 2015 car crash. But she was working at the time of …

Judge Dismisses FedEx from Indianapolis Shooting Lawsuit

INDIANAPOLIS (AP) — A federal judge has dismissed FedEx from a lawsuit filed by relatives of five of the eight people who were fatally shot last year at an Indianapolis warehouse by a former employee of the shipping giant. U.S. …

Sovereign Immunity No Defense in $3B Coal-Ash Lawsuit, 6th Circuit Rules

Sovereign immunity does not protect a federal contractor against a lawsuit filed by some 60 former employees seeking $3 billion in punitive damages for illnesses suffered after exposure to toxic coal ash during a clean-up project, a federal appellate court …

Employer Must Face Worker’s Lawsuit Over Husband’s COVID Death, Calif. Court Rules

A California candymaker must face a lawsuit by an employee who says she caught COVID-19 at work and gave it to her husband, resulting in his death, a state appeals court held on Tuesday, upholding what appeared to be the …

Claim For Fatal Heat Stroke Barred by Missouri Ruling on Co-Employee Lawsuits

Tyler Scott Halsey worked himself to death trimming trees in 96-degree heat, his parents say. They alleged in a lawsuit against his employer, Townsend Tree Service, that his supervisor did not offer enough water or rest breaks and disabled the …

Court Asks if Exclusive Remedy Exception Applies to ‘Intentional’ Lead Poisoning

Utah workers are allowed to sue their employers for an injury caused by their employer’s intentional act. That exception to the exclusive remedy of the state Workers’ Compensation Act was carved out by a state supreme court decision in 1975. …

Kansas Supreme Court Upholds 6th Edition of AMA Guidelines for Disability Ratings

The Kansas Supreme Court on Friday reversed the Court of Appeals and ruled that a law passed in 2013 that requires workers’ compensation disability ratings to be based on a specific set of guidelines is not unconstitutional. The high court …