exclusive remedy News

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 …

5th Circuit: Oil Platform Worker’s Longshore Act Claim Barred by Exclusive Remedy

Exclusive remedy bars a lawsuit filed by a mechanic against the owner of an offshore oil platform where he worked, even though he was employed by different company, a federal appellate court ruled. The 5th Circuit Court of Appeals rejected …

Viewpoint: Subrogating Employees’ Intentional Act Damage Recoveries

The quid pro quo premise underlying the social compromise known as workers’ compensation is simple: an employee injured at work receives no-fault medical expenses and wage replacement indemnity benefits and, in exchange, the employer is given protection from employee lawsuits …

Worker Who Blames Carrier for Suicide Attempt Can’t Sue in Tort

An injured worker may not pursue a tort claim against a workers’ compensation carrier that he accuses of negligence by denying payment for antidepressants, prompting him to attempt suicide, the Wisconsin Court of Appeals ruled. The court’s District III on …

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’ …