Personal Injury Worker’s Compensation Civil Remedies

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Equity – Establishing the Elements of Equitable Tolling and Equitable Estoppel

Linda Hopkins v. Jurek Kedzierski as Trustee, etc., et al. - Court of Appeal, Fourth Appellate District (April 16, 2014) - Under the principle of equitable tolling, a statute of limitations will not bar a claim...more

U.S. Tax Court Decision Shows Importance of Carefully Drafting Settlement Agreements

In Sharp v. Commissioner, the United States Tax Court once again demonstrated the importance of carefully crafting settlement agreements and reaffirmed that emotional distress damages are taxable income to the recipient....more

New York’s Highest Court Reverses Itself on Prior Damages-Limiting Decision

In the first Maria Auqui v. Seven Thirty One Limited Partnership et al. (Auqui) decision earlier this year (February 14, 2013), the Court of Appeals held that when a Workers' Compensation Board (WCB) decision sets forth the...more

Indiana Court Clarifies Rights of Volunteer to Bring Claim Outside of Worker’s Compensation & Reach of Equine Activity Statute

This week we examine the issues of whether a volunteer who accepts medical benefits under a worker's compensation policy is bound to the Indiana Worker's Compensation Act for exclusive recovery. We also examine the Indiana...more

Fundamental Distinction Between “Medically Distinguishable” Injuries Under Section 301(1) and “Significant Manner Contribution”...

There is a confusion among the Workers’ Compensation Board of Magistrates and, in some cases, in the Michigan Compensation Appellate Commission (the Commission) between the proper prima facie injury analysis required of a...more

A Busy Day of Civil Arguments at the Illinois Supreme Court

Tomorrow will be a busy day for the Illinois Supreme Court's civil docket, with five cases being argued, beginning at 9:00 a.m. They are...more

Suing After An Aviation Accident

The Estate of Douglas Bourn recently settled three lawsuits by the families of former Tesla Motors employees who died while on board Mr. Bourn’s aircraft. The cases date back to February 2010 when Mr. Bourn took off with...more

Pay me once, pay me twice, pay me thrice?

On November 15th the Supreme Court of Appeals of West Virginia issued the opinion of Jeffery Jenkins, et ux. v. City of Elkins, et al. (No. 11-1059). Factually, Mr. Jenkins was an employee of Bombardier Aerospace driving a...more

When Is a Workers Comp Claim Not a Workers Comp Claim?

Our preview of the civil cases on the Illinois Supreme Court's November oral argument docket continues with Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund. ...more

Can You Sue a Co-Worker for Negligence Following an On-the-Job Injury?

The Georgia Supreme Court recently issued a very interesting decision about your right to sue a fellow employee for pain and suffering damages when the negligent act occurred at work and you are otherwise covered by workers...more

Supreme Court Defines Scope of "Power Press" Exception to Work Comp Exclusive Remedy Rule

In its August 20, 2012 decision in LeFiell Manufacturing Company v. Superior Court, the California Supreme Court held that an injured employee’s spouse is not allowed to pursue a claim for loss of consortium in the employee’s...more

DIR Complaints Are Insufficient Remedy

In 1995, the Nevada legislature passed a law, NRS 616D.030, that injured workers could no longer sue workers' compensation insurers or the third-party administrators who handle comp claims .Injured workers had been filing ...more

Labor Letter - July 2012: Liability Beyond Your Workers' Compensation Coverage

True or False? Workers' compensation is the exclusive remedy for employees pursuing a recovery against their employer. The answer is of course false. The exclusive remedy doctrine provides that when an employee is injured...more

Bill That Could Nullify Howell Moves Forward

California trial lawyers have made no secret of their intent to nullify the Howell v. Hamilton Meats & Provisions, Inc. decision with new legislation this year. If Howell is nullified or restricted by legislation this...more

NJ High Court Rules ‘Willful’ OSHA Violation Doesn’t Overcome Worker’s Compensation Preemption

A willful violation of federal safety standards does not, on its own, overcome the worker’s compensation bar against civil suits, the New Jersey Supreme Court ruled in its June 26, 2012 decision in Van Dunk v. Reckson Assocs....more

Could the NFL Use an “Exclusive Remedy” Defense to Block Concussion Lawsuits

Recently, a number of retired football players have sued the NFL for damages arising from concussion injuries associated with the head trauma regularly incurred in professional football games. Does the NFL have an argument...more

A woman's injury during sex seen as legit work injury by judge

We don't often write about international workers' compensation cases, but a recent ruling in an Australian case is notable enough to share on this Alabama blog. If you were on a work trip and got hurt during a sexual "tryst"...more

Court: Regional District Employees Are “Town” Employees; Claims Barred By Workers’ Compensation Act Exclusivity

The Connecticut Supreme Court, in a decision that will be officially released next week (but released this morning), held that an animal control officer for several towns, was an employee of each of the towns. Because...more

Collateral Source Rule Does Not Preclude Introducing "Negotiated Rates" of Past Medical Costs in Workers' Compensation Benefits...

In Lydia Sanchez v. Darrell G. Brooke, et. al., (March 8, 2012, B224835), California's Court of Appeal, Second District, acknowledged and extended the recent California Supreme Court decision in Howell v. Hamilton Meats &...more

California Court of Appeal Extends Howell v. Hamilton Meats Rule to Limit Injured Person's Medical Expenses to Discounted Amounts...

Last year, the California Supreme Court held in Howell v. Hamilton Meats & Provisions, Inc. that an injured plaintiff whose medical expenses were paid through private health insurance could not recover as economic damages...more

Workers’ Compensation Immunity for Texas Staffing Customer Affirmed – With a Surprising and Troublesome Twist

A recent opinion of the Supreme Court of Texas raises important considerations for the management of workers’ compensation risk in connection with jointly employed workers. The basic bargain of workers’...more

Frights Survive Halloween Night - Bed Bugs Continue to Bite

Halloween is over, but we still cringe as bed bugs continue to feed on the blood of their hosts. Despite studies by the Centers Disease Control there is no conclusive evidence linking bed bugs to illnesses; the bites are...more

Texas Insurance Law Newsbrief

CARE CUSTODY & CONTROL EXCLUSION PRECLUDES COVERAGE Last Friday, in Ohio Casualty Insurance Company v. Lloyd Technologies Inc., No. A-09-CA-633-LY (W.D.Tex. September 30, 2011), a Federal District Court Judge in the Austin...more

Texas S.Ct.: Workers Comp Carriers Not Subject to Statutory Unfair Claims Settlement Practices Claims

In a ground-breaking decision, the Texas Supreme Court today decided that workers compensation insurers are not subject to "bad faith" claims for unfair claims settlement practices under the Texas Insurance Code. The...more

Workers’ Compensation Claims and Termination of Employment

It is essential for an injured worker in Illinois to know that the Workers’ Compensation Act prohibits the employer from threatening, harassing or terminating an employee for filing a claim. I am frequently asked the question...more

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