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Work heat death insufficient to overcome comp exclusivity: appeals court - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Work heat death insufficient to overcome comp exclusivity: appeals court by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Aug 11, 2026 A North Carolina appeals court ruled that a farm labor contractor’s failure to enforce heat-safety measures, despite a previous worker’s heat-related death, was insufficient to allow a catastrophically injured worker to pursue a civil lawsuit outside the workers compensation system. In Moreno v. Florida Orange Gold LLC , the North Carolina Court of Appeals, in an unpublished opinion filed Aug. 5, unanimously affirmed summary judgment for Florida Orange Gold, its president, an employee and Howell Farming. Carlos Vargas Moreno suffered heat stroke in July 2022 while pulling weeds in a Howell Farming field. He was hospitalized for nearly a year and remains totally and permanently disabled. He received workers comp benefits for his injury. Florida Orange Gold had been cited by the Occupational Safety and Health Division of the North Carolina Department of Labor after another employee died from heat stroke in 2020. The company subsequently adopted a heat-stress prevention program that included training, water, rest breaks, weather briefings and a buddy system. On the day Mr. Moreno was injured, the heat index ranged from 91 to 102.5 degrees. He collapsed after working in direct sunlight, and no supervisor was present. The company president did not call 911 after being informed that Mr. Moreno was unresponsive and instead transported him to the hospital in the bed of a pickup truck, according to the ruling. Mr. Moreno had a body temperature of 109 degrees when he arrived. OSHA later issued the company a repeat serious citation after determining it had not fully implemented its heat-safety program. Mr. Moreno and his wife argued that the company’s conduct qualified for the narrow “Woodson” exception to workers comp exclusivity, which permits a civil action when an employer intentionally engages in misconduct knowing it is substantially certain to cause serious injury or death. Although the court described numerous failures by the company as “flagrant,” it said the evidence did not establish that the company intended for Mr. Moreno to be injured or was manifestly indifferent to the consequences. The court said the failure to fully implement the heat-safety plan may have been negligent but did not make serious injury or death substantially certain. The court also upheld summary judgment for Howell Farming, finding insufficient evidence that the farm knew Mr. Moreno’s crew was working in its fields that day or that Florida Orange Gold was not enforcing its safety program. The court additionally upheld the exclusion of three expert affidavits submitted by the plaintiffs, finding no abuse of discretion in the trial court’s determination that they failed to meet state evidentiary standards. 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