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‘Virtual Certainty’ Equals ‘Actual Knowledge’ in Wash. for Latent Injury Diseases
‘Virtual Certainty’ Equals ‘Actual Knowledge’ in Wash. for Latent Injury Diseases

Case File When it comes to latent disease cases, the Washington Supreme Court did away with a decade-old precedent case to hold that an employer's virtual certainty that disease will occur satisfies the "actual knowledge" […]

  • Jun 25, 2025
  • Frank Ferreri
N.J. Turnpike Worker’s Death didn’t Result from ‘Willful Violations’
N.J. Turnpike Worker’s Death didn’t Result from ‘Willful Violations’

Case File A worker lost his life due to an accident while working on the New Jersey turnpike, but the court didn't find enough to show that the employer committed "willful" violations for purposes of […]

  • Jun 24, 2025
  • Frank Ferreri
‘Intentional Wrongs’ in New Jersey
‘Intentional Wrongs’ in New Jersey

Courts & Compliance Like quite a few states across the country, New Jersey's Workers' Compensation Act contains an exclusive remedy provision under which employees relinquish their right to pursue common-law remedies -- in other words, […]

  • Jun 24, 2025
  • Frank Ferreri
Pennsylvania’s ‘Third-Party Attack’ Exception to Exclusive Remedy Rule
Pennsylvania’s ‘Third-Party Attack’ Exception to Exclusive Remedy Rule

Do You Know the Rule? If an employee wants to sue an employer for personal injuries based on a work-related accident, she is generally out of luck. The Pennsylvania Workers’ Compensation Act is the exclusive […]

  • Jun 19, 2025
  • Chris Parker
Could Burned Oil Workers Bypass Louisiana’s Workers’ Comp Exclusive Remedy Rule?
Could Burned Oil Workers Bypass Louisiana’s Workers’ Comp Exclusive Remedy Rule?

What Do You Think? Establishing intentional tort for a work-related injury is a bit like finding oil in the backyard. It’s really unlikely. A case involving two oil refinery workers who were tragically burned on […]

  • May 21, 2025
  • Chris Parker
Roofer’s Fall without Harness doesn’t Trigger Idaho’s ‘Unprovoked Physical Aggression’ Rule
Roofer’s Fall without Harness doesn’t Trigger Idaho’s ‘Unprovoked Physical Aggression’ Rule

Case File When a roofer fell off a roof without fall protection of any kind, how much did the builder know about it? Not much, and that made all the difference in the case. Simply […]

  • May 20, 2025
  • Frank Ferreri
Could Special Ed Teacher Assaulted by Student Sue School District for Battery?
Could Special Ed Teacher Assaulted by Student Sue School District for Battery?

What Do You Think? Employers who carry workers' compensation coverage are generally protected from personal injury lawsuits over employee injuries. But there are exceptions.  In Oregon, for example, an injured worker can still sue for personal […]

  • Apr 24, 2025
  • Chris Parker
Did Wendy’s Manager Cook up Way to Bypass Exclusivity Rules?
Did Wendy’s Manager Cook up Way to Bypass Exclusivity Rules?

What Do You Think? Can an employee who suffers mental health injury at work sue his employer for monetary damages, or is his only relief the state workers’ compensation act? A Pennsylvania case addressed whether […]

  • Apr 19, 2025
  • Chris Parker
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