Ohio Worker Injured Having “Kick Ass Time” May Not Sue Co-Worker

An Ohio restaurant employee may not pursue a negligence action against a co-worker for personal injuries sustained in a golf cart accident that occurred on an island resort where the...

Arkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable

An Arkansas tanker-truck driver sustained an injury arising out of and in the course of the employment when he was struck by a vehicle as the truck driver exited a...

Arkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable

Arkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable

South Dakota: Horseplay Injury During Lull In Workday Found Compensable

Applying the four Larson factors to determine whether an act of horseplay was or was not a substantial deviation from the employment [see Larson’s Workers’ Compensation Law, § 23.01], the...

Florida Court Says Judge Should Have Disqualified Himself For Bias

In Kline v. JRD Management Corp., 2015 Fla. App. LEXIS 8364 (1st DCA, June 2, 2015), a Florida appellate court recently held that a judge of compensation claims (“JCC”) erred...

California Court: Leasing Employers and Temporary Service Employers May Not Self-Insure

Earlier this month, a California appellate court struck down a challenge by two staffing companies that had sued the state, alleging that Cal. Lab. Code § 3701.9, added in 2012...

Kansas Court Extends Firefighter’s Rule to Bar Tort Recovery by Law Enforcement Officer

Ordinarily, workers are free to pursue civil actions against third parties whose negligence causes work-related injuries. One exception, however, is the so-called “firefighter’s rule,” adopted in a number of states,...

Nevada Work Release Inmate’s Injuries Are Responsibility of Employer, Not State

Nevada, like a number of other states, provides workers’ compensation benefits for inmates who sustain injuries “while engaged in work in a prison industry or work program,” whether the program...

Kentucky Truck Driver’s Tort Action Against Wal-Mart Barred by Statutory Employer Rules

A truck driver, who alleged that he sustained injuries while delivering merchandise to a Wal-Mart store in Kentucky cannot proceed in his civil action against the large retailer since, under...

NY Claimant Fails to Show That Claim Filing Was Delayed by Hurricane Sandy

An employee’s inability to file a timely notice of claim based on his alleged inability to meet with counsel because of the onslaught and aftermath of Hurricane Sandy was an...

Arkansas Court Approves Award of Additional Medical Expenses Related to ER Visit Six Months After Initial Injury

An Arkansas appellate court affirmed a finding by the state’s Workers’ Compensation Commission that an employee was entitled to additional medical benefits when, some six months after an ankle injury,...

Virgin Islands: Going and Coming—Is Break Taken to Run Errands a “Lunch” Break

In what Professor Larson would have referred to as an “upside-down” exclusivity case—where the employee tries to prove that her injuries were not covered by the applicable workers’ compensation law...

West Virginia High Court Crafts Narrow Exception to 6-Month Statute of Limitations in Death Claims

The Supreme Court of Appeals of West Virginia held that where a claimant delays the filing of a workers’ compensation death benefits claim because she was unaware, and could not...