MN - High Court: Co-Employee Immunity Doesn't Shield Vehicle Owners From Vicarious Liability
05/07/2026 | 0
The Minnesota Supreme Court on Thursday held that a motor vehicle owner can be held vicariously liable for the negligence of a driver, even if the driver is personally immune from liability under the Workers’ Compensation Act.
Workers’ compensation exclusivity provides immunity to the worker who caused the harm, but it doesn't release others from liability, the court explained in Rebecca A. Niebuhr v. Jacob Sieberg.
"Accordingly, the Workers’ Compensation Act does not bar an injured employee from pursuing a claim against a motor vehicle owner for vicarious liabilit...
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A divided U.S. Circuit Court of Appeals for the District of Columbia upheld two citations against a trucking company for safety violations, finding that its maintenance facility qualified as a “mine” for purposes of the Federal Mine Safety and Health Amendments Act.
Case: Secretary of Labor v. KC Transport Inc., No. 22-1071, 04/17/2026, published.
Facts and procedural history: KC Transport Inc. is an independent trucking company that provides various hauling services for mining companies.
One of KC Transport’s clients is a coal mine operator known as Ramaco Resources....
West Virginia’s Intermediate Court of Appeals upheld an award of a 3.48% permanent partial disability for a worker’s hearing loss.
Case: Ferris v. Special Metals Inc., No. 25-ICA-292, 04/07/2026, published.
Facts: Anthony Ferris worked for Special Metals Inc. from 1995 until 2022.
He filed a workers’ compensation claim form, alleging that he suffered occupational hearing loss as a result of his employment at SMI.
An audiogram completed by audiologist Barb Danford accompanied the claim.
Dr. B. Joseph Touma reviewed the audiogram and diagnosed bilateral sensorineura...
A New York appellate court upheld a grant of summary judgment for a worker on his Labor Law claim for his injuries from a fall from a ladder.
Case: Unzain v. NW 100 Broadway Property Owner LLC, No. 450164/20, 04/14/2026, published.
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Procedural history: Unzain filed suit against NW 100 Broadway Property Owner LLC, asserting a claim for a violation of Labor Law Secti...
The "going-and-coming" rule is a foundational doctrine in California workers’ compensation law, defining the boundary between compensable work-related injuries and noncompensable personal risks.
Under this rule, injuries sustained while an employee is commuting to or from work are generally not considered to arise out of and in the course of employment, and therefore are not compensable.
Despite its seemingly bright-line nature, the going-and-coming rule has evolved into a more nuanced doctrine due to a wide range of exceptions, where the employment relationship cont...
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Case: Ramaj v. Franciosa Complex LLC, No. 20363/19, 04/14/2026, published.
Facts: Zenun Ramaj suffered injuries while working on a construction project when he fell into a deep trench after the wood planking covering it broke.
Procedural history: Ramaj filed suit against Franciosa Complex LLC, asserting a claim for a violation of Labor Law Section 240(1).
Section 240(1) imposes absolute liability on property owners, general contractors or their ...
The Louisiana Senate unanimously passed a bill that would eliminate the Workers' Compensation Advisory Council, clearing the way for the bill to be presented to the governor.
The Senate on Monday voted 36-0 to pass HB 537, which would eliminate the 17-member advisory council created in 2011.
The Louisiana Association of Business and Industry, which is sponsoring a companion measure that was introduced in the Senate, characterized the council as "ineffective and little used" and argued that maintaining it constitutes an "unnecessary drain on government resources."
Emp...
The Rhode Island Department of Business Regulation Insurance Division approved an overall 2.5% decrease in workers' compensation advisory loss costs for policies incepting on or after Aug. 1.
The department's April 23 approval letter said its careful review and analysis determined that the reduction recommended by the National Council on Compensation Insurance is supported.
The department's analysis is included in an actuarial report, but a link to the report generated a "404: page not found" error on Wednesday afternoon.
In its November filing, NCCI ide...
The California Division of Workers' Compensation proposed an informal draft of rules that would clarify eligibility requirements for qualified medical evaluators and establish parameters for listing offices as remote-only office locations.
Other provisions in the regulations that the division posted to its online forum for a 10-day comment period would revise timelines relating to how the agency responds to applications and administers QME placement exams.
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A New York appellate court ruled that a worker’s motion to compel a carrier to disclose its underwriting file was properly denied.
Case: Lannon v. Everest National Insurance Co., No. 2025-00148, 04/15/2026, published.
Facts: Steven Lannon worked as a carpenter for McM Homes Inc., a subcontractor working on a project under Bay Creek Builders LLC.
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Lannon allegedly suffered injuries while working on the project during Everest’s term of coverage.
Procedural history: Lannon filed suit against Bay Cr...
A New York appellate court upheld a denial of summary judgment on the Labor Law claims by a worker struck by falling bricks.
Case: Romero v. Evergreen Gardens II LLC, No. 2022-02233, 04/15/2026, published.
Facts: Alan Cristian Romero worked for Reliable Masonry Corp., a subcontractor working under Brooklyn GC LLC at a property owned by Evergreen Gardens II LLC.
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West Virginia’s Intermediate Court of Appeals upheld a finding that a worker was entitled to benefits for a muscle strain.
Case: Triple H Enterprises Inc. v. Reed, No. 25-ICA-433, 04/07/2026, published.
Facts: Bryant Reed worked for Triple H Enterprises Inc. He slipped and fell while carrying a heavy iron pipe at work on March 18, 2024.
Reed completed an accident report stating that he had a “charley horse” on his right leg between his hip and knee. Reed further indicated that he had health insurance and did not need Triple H to pay any medical costs.
Reed later sign...
A Texas appellate court ruled that a nonsubscribing employer could compel the family of a worker to arbitrate a wrongful death claim arising from a fatal accident.
Case: R&L Carriers Shared Services LLC v. Gonzalez, No. 14-24-00992-CV, 04/30/2026, published.
Facts: R&L Carriers Shared Services LLC is a nonsubscriber under the Texas Workers’ Compensation Act. Shared Services offered a work-related injury plan to its employees, and each Texas employee is automatically deemed a participant when hired.
In addition to the basic benefits that are automatically pr...
The U.S. Department of Labor on Tuesday announced an expansion of pharmacy benefit improvements under the Federal Employees’ Compensation Act, saying the move will extend cost-saving measures, strengthen oversight and improve transparency in prescription drug pricing across several federal workers’ compensation programs.
The changes, led by the department’s Office of Workers’ Compensation Programs, will now apply not only to injured federal workers but also to beneficiaries under the Black Lung Benefits Act, the Longshore and Harbor Workers’ Compensation Act and ...
The Delaware Superior Court upheld the denial of authorization for the victim of a violent robbery to use medical marijuana to treat her psychiatric conditions.
Rhonda Toomey worked for Family Dollar Stores. She was the victim of a violent robbery at her workplace in March 2004.
During the incident, Toomey was restrained with duct tape, threatened and pistol-whipped.
She has not returned to gainful employment since the robbery.
Toomey received an award for a 37% permanent impairment to the brain and total disability benefits for a psychiatric injury.
In April 2024, Toomey filed a pet...
West Virginia’s Intermediate Court of Appeals upheld an increase in a worker’s permanent partial disability award.
Case: Blackhawk Mining LLC v. Stover, No. 25-ICA-365, 04/07/2026, published.
Facts: Glenn Stover worked for Blackhawk Mining LLC. He filed a workers’ compensation claim asserting that he sustained an injury to the ulnar nerve of both wrists from years of using impact wrenches, hammer drills and hydraulic drills.
A claims administrator for Blackhawk’s insurance carrier accepted liability for bilateral carpal tunnel syndrome.
After Stover u...
