Claim Not Barred, as a Matter of Law, by Going and Coming Rule A county bus driver, who sustained injuries in an auto accident as she traveled to attend a...
Maryland High Court Says Bus Driver’s Accident Traveling to Training Session May Have Been “Special Mission” Maryland High Court Says Bus Driver’s Accident Traveling to Training Session May Have Been “Special Mission”The North Carolina Court of Appeals affirmed the denial of workers’ compensation benefits to a city employee who sustained serious injuries to his right hip, back, and head when he...
NC Employee’s Injuries From Fainting After Toking on E-Cigarette Did Not Arise From the Employment NC Employee’s Injuries From Fainting After Toking on E-Cigarette Did Not Arise From the EmploymentIn a divided decision, the Supreme Court of Oklahoma reversed a lower court’s finding and held that a pipeline installation worker’s injuries sustained in a vehicular accident while traveling to...
Divided OK Supreme Court Reverses Denial of Claim Involving Travel to Work Site Divided OK Supreme Court Reverses Denial of Claim Involving Travel to Work SiteWhere a New York office worker sustained injuries when she tripped and fell while walking on a public sidewalk approximately 20 feet from the door to the building that contained...
20 Shades of Gray: NY Court Construes “Risks of Street Travel” Rule 20 Shades of Gray: NY Court Construes “Risks of Street Travel” RuleEarlier this month, the Florida Senate and House both unanimously passed Senate Bill 376, so as generally to allow workers’ compensation benefits for first responders who suffer PTSD as a...
Florida Legislature Approves PTSD Coverage for First Responders Florida Legislature Approves PTSD Coverage for First RespondersWhere an injured employee’s medical history and medications raised a fact issue about the possible role of risks personal to the employee in an otherwise unexplained fall, the employee was...
Ohio Claimant Has Burden of Showing Unexplained Fall Was Not Caused by Idiopathic Condition Ohio Claimant Has Burden of Showing Unexplained Fall Was Not Caused by Idiopathic ConditionThe phrase is used quite often, even by attorneys: “He [or she] was hurt ‘on-the-job.’” The typical implication is that a worker who sustains an “on-the-job” injury deserves workers’ compensation...
Virginia Case Shows “On-the-Job” Injuries May Not be Compensable Virginia Case Shows “On-the-Job” Injuries May Not be CompensableA person in the status of a traveling employee is continuously within the course and scope of the employment while traveling, except when the person is engaged in a distinct...
Oregon: Traveling Employee’s Death While Returning From Shopping Trip Was Not Compensable Oregon: Traveling Employee’s Death While Returning From Shopping Trip Was Not CompensableThe Missouri Court of Appeals recently affirmed a decision of that state’s Labor and Industrial Relations Commission that had denied workers’ compensation benefits to a tire shop employee who sustained...
Missouri Court Stresses Importance of Injury “by Accident” in Recent Horseplay Case Missouri Court Stresses Importance of Injury “by Accident” in Recent Horseplay CaseObserving that California’s “required vehicle” exception to the going and coming rule arises where the employee’s use of his or her own vehicle gives some incidental benefit to the employer,...
California In-Home Caretaker Awarded Benefits for Injuries Sustained in Bicycle Accident California In-Home Caretaker Awarded Benefits for Injuries Sustained in Bicycle AccidentAcknowledging that N.Y. Work. Comp. Law § 21 provides a presumption of compensability where the decedent’s initial injury occurs while he or she at work, a New York appellate court...
New York Deputy Sheriff’s Fatal Heart Attack at Home is Not Compensable New York Deputy Sheriff’s Fatal Heart Attack at Home is Not CompensableThe Court of Appeals of Virginia recently reiterated that in order to defeat a claim for workers’ compensation benefits, it is not enough to show that an employee was intoxicated...
Virginia Employer Proves Employee Was Intoxicated, But Still Loses Case Virginia Employer Proves Employee Was Intoxicated, But Still Loses Case