Ruling Opens Door to Negligence Claims Despite Workers’ Comp Coverage
- The Oregon Supreme Court ended a rule that had protected state and local employees from being sued over workplace injuries.
- The case involved a bulldozer operator hurt during wildfire work who had already received workers’ compensation benefits.
- The ruling now allows injured workers to bring negligence claims against individual supervisors.
- It expands potential liability while leaving the workers’ comp system in place.
Judge Dismisses Negligence Claims Under Arizona’s Workers’ Comp Exclusivity Rule
- A federal judge tossed several negligence claims filed by a former Phoenix Suns executive, ruling they were barred by Arizona’s workers’ compensation exclusivity provision.
- The court said the allegations arose from workplace conduct covered under the comp system.
- Discrimination and retaliation claims will continue under separate statutes.
- The decision reinforces how comp exclusivity can block tort claims even in broader employment disputes.
FECA Violations Undermine Workers’ Comp Rights, Union Says
- Management errors in processing federal workers’ compensation claims are causing delays and jeopardizing benefits for injured letter carriers.
- Union representatives say procedural violations—such as mishandling forms or failing to issue required medical authorizations—remain common.
- While OWCP decisions themselves aren’t grievable, improper agency actions are.
- Strong documentation and contract citations are emphasized as essential to protecting injured workers’ rights.