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Tuesday, September 29, 2026

Court Case Update, Countrywide - November 2022 - NCCI

NCCI’s Countrywide Court Case Update provides a look at some of the cases and decisions monitored by NCCI’s Legal Team that may impact workers compensation (WC) across the states. This November 2022 edition contains updated information on cases previously introduced and presents new cases and decisions.

To view previously reported decisions, click the case links. For more information on cases monitored by NCCI’s Legal Team, visit previous Court Case Updates, COVID-19 Court Cases, and Court Case Insights on ncci.com.

COVID-19 Court Cases

Stakeholders remain interested in COVID-19-related cases that could impact the WC system. For example, in California the state’s supreme court, in Kuciemba v. Victory Woodworks, is expected to decide whether an employer is liable in tort for injuries sustained by the spouse of an employee who allegedly contracted COVID-19 at work and spread it to the spouse at home.

For more information on other COVID-19-related state and federal cases with potential implications for WC insurance, visit COVID-19 Court Cases on ncci.com.

Exclusive Remedy Cases

Courts have been considering cases addressing WC exclusive remedy, which provides immunity to employers from injured employee tort suits. Some of the most recent cases include:

  • Idaho, Statutory Exception to Exclusive Remedy—The Supreme Court of Idaho, in Fulfer v. Sorrento Lactalis, Inc., on November 1, 2022, concluded that an injured employee—who sued his statutory employer in tort for...


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