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Okla. Top Court Rejects Indemnification as Way to Revive ‘Dual Capacity’ Doctrine
Okla. Top Court Rejects Indemnification as Way to Revive ‘Dual Capacity’ Doctrine

Tulsa, OK (WorkersCompensation.com) -- Could an indemnity clause overcome a state's exclusive remedy provision to allow a negligence tort to go forward? That was the question before the Oklahoma Supreme Court in Knox v. Oklahoma […]
Denial of Shot Employee’s Comp Claim Opens Door to Tort Suit Against Pepsi
Denial of Shot Employee’s Comp Claim Opens Door to Tort Suit Against Pepsi

Medley, FL (WorkersCompensation.com) – Before denying a claim on the basis that it isn’t work-related, an employer should carefully consider the potential risks of doing so. One of those risks for Florida employers is that, […]
Tenn. Exclusive Remedy Bars Sales Rep’s Tort Claim
Tenn. Exclusive Remedy Bars Sales Rep’s Tort Claim

Gallatin, TN (WorkersCompensation.com) -- It's a bedrock principle of the "exclusive remedy" rule that the "Grand Bargain" provides that an employee injured on the job must seek benefits through the workers' compensation system rather than […]
Quick Hit: Maine Liability for Sexual Harassment
Quick Hit: Maine Liability for Sexual Harassment

Augusta, ME (WorkersCompensation.com) -- If you're thinking about torts and on-the-job injuries, you're probably also thinking about exclusive remedy rules in most states. What an exclusive remedy rule does is prevent someone from suing for […]
Workers’ Compensation and the Intentional Act Exception to the Exclusive Remedy Rule
Workers’ Compensation and the Intentional Act Exception to the Exclusive Remedy Rule

By Gary L. Wickert, Matthiesen, Wickert & Lehrer, S.C. 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 […]
The Future of Workers’ Comp: Innovations and Hurdles Explored at 20th ExecuSummit
The Future of Workers’ Comp: Innovations and Hurdles Explored at 20th ExecuSummit

Hartford, CT (WorkersCompensation.com) -- The 20th Annual Workers Compensation Insurance ExecuSummit convened on January 23, 2024, in Hartford, Connecticut, drawing a gathering of experts and thought leaders in workers' compensation. This summit featured a diverse […]
What Do You Think: Was Mold Machine Operator Burned by Hot Plastic Limited to Seeking Workers’ Compensation?
What Do You Think: Was Mold Machine Operator Burned by Hot Plastic Limited to Seeking Workers’ Compensation?

Roland, IA (WorkersCompensation.com) -- In Iowa, an injured worker can sue a company or coworkers for negligence if he can show they were grossly negligent. Otherwise, in most cases, the injured employee is limited to […]
What Do You Think: Could Ariz. Youth Mentor Shot by Stalker Sue Employer for Unsafe Workplace?
What Do You Think: Could Ariz. Youth Mentor Shot by Stalker Sue Employer for Unsafe Workplace?

Phoenix, AZ (WorkersCompensation.com) -- When someone an employee knows outside of work comes to the workplace and injures her, the injury is often not compensable because it’s not work-connected. In that situation, a court is […]