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The post below was published on Tuesday, November 16th, 2010 at 9:08 AM.

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Third District: Workers’ Compensation Immunity

Those interested in workers’ compensation immunity, and in particular the intentional tort exception to that immunity, should take a look at this decision from the Third District. The court reversed a summary judgment favoring an employer, holding that issues of fact existed as to whether construction work at a bank’s facility was substantially certain to result in respiratory-based injuries to employees.

In a footnote, the court observed that its former case law focusing on whether the employer concealed any danger is no longer good law.

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