Tag: AOE/COE

Jun 10, 2013

Connecticut: Special Statute Providing Benefits to Police Officers and Firefighters Injured During “Commute” Did Not Apply to Injury in Officer’s Driveway

The basic “going and coming” rule, in effect in the vast majority of jurisdictions, is that for an employee having fixed hours and place of work, injuries sustained going to...

Connecticut: Special Statute Providing Benefits to Police Officers and Firefighters Injured During “Commute” Did Not Apply to Injury in Officer’s Driveway Connecticut: Special Statute Providing Benefits to Police Officers and Firefighters Injured During “Commute” Did Not Apply to Injury in Officer’s Driveway
Feb 23, 2013

New York: Mechanic’s Fatal Heart Attack Sustained on Employer’s Premises, But After Work Shift, Held Not Compensable

A New York appellate court recently affirmed a decision by the state’s Workers’ Compensation Board that ruled the death of an employee was not causally related to his employment as...

New York: Mechanic’s Fatal Heart Attack Sustained on Employer’s Premises, But After Work Shift, Held Not Compensable New York: Mechanic’s Fatal Heart Attack Sustained on Employer’s Premises, But After Work Shift, Held Not Compensable
Nov 19, 2012

Getting Hurt “On the Job”

As I’ve mentioned in my last several posts, a bit more than a week ago, I enjoyed being part of three panel discussions at the 21st Annual National Workers’ Compensation...

Getting Hurt “On the Job” Getting Hurt “On the Job”
Oct 24, 2012

New York: Extraordinary Duties at Grocery Store on Super Bowl Sunday Mean Employee’s Death is Compensable

A New York appellate court recently agreed with the state’s Workers’ Compensation Board that the death of a grocery store employee was causally related to the employment where evidence showed...

New York: Extraordinary Duties at Grocery Store on Super Bowl Sunday Mean Employee’s Death is Compensable New York: Extraordinary Duties at Grocery Store on Super Bowl Sunday Mean Employee’s Death is Compensable
Sep 3, 2012

Missouri: Boyfriend’s Murder of Employee Did Not Arise From the Employment; Wrongful Death Action Not Barred by Exclusive Remedy Doctrine

Last Friday, a Missouri appellate court reversed a decision by a state trial court that had sustained a defendant-employer’s motion for summary judgment in a wrongful death action filed against...

Missouri: Boyfriend’s Murder of Employee Did Not Arise From the Employment; Wrongful Death Action Not Barred by Exclusive Remedy Doctrine Missouri: Boyfriend’s Murder of Employee Did Not Arise From the Employment; Wrongful Death Action Not Barred by Exclusive Remedy Doctrine
Aug 18, 2012

Pennsylvania: Trip to the Salad Bar Proves Fatal for College Professor

In a case with somewhat bizarre facts [see Pennsylvania State Univ. v. Workers’ Comp. Appeal Bd. (Rabin), 2012 Pa. Commw. LEXIS 245], a Pennsylvania appellate court recently affirmed an award...

Pennsylvania: Trip to the Salad Bar Proves Fatal for College Professor Pennsylvania: Trip to the Salad Bar Proves Fatal for College Professor
Aug 3, 2012

Alabama: Court Reverses Award of Benefits to Truck Driver Bitten by Rattlesnake

As a father of three sons and a daughter–they’re all grown now–I’ve had more than one occasion to repeat to myself a favorite line spoken by another dad, this one...

Alabama: Court Reverses Award of Benefits to Truck Driver Bitten by Rattlesnake Alabama: Court Reverses Award of Benefits to Truck Driver Bitten by Rattlesnake
Aug 2, 2012

VA: Nurse’s Injury to Finger As She Reached Into Personal Handbag To Retrieve “Favorite” Pen Is Not Compensable

The Court of Appeals of Virginia recently reversed a decision by the state’s Workers’ Compensation Commission that had awarded workers’ compensation benefits to a nurse who injured her finger on...

VA: Nurse’s Injury to Finger As She Reached Into Personal Handbag To Retrieve “Favorite” Pen Is Not Compensable VA: Nurse’s Injury to Finger As She Reached Into Personal Handbag To Retrieve “Favorite” Pen Is Not Compensable
Jul 29, 2012

VA: Virginia Court Mischaracterizes “Actual Risk” Test in Determining Legal Causation, Yet Offers Motherly Advice: “Waiters, Take Small Bites!”

Affirming a decision of the state’s Workers’ Compensation Commission that had denied benefits to a restaurant host/waiter who injured his esophagus while attempting to swallow a bite of quesadilla that...

VA: Virginia Court Mischaracterizes “Actual Risk” Test in Determining Legal Causation, Yet Offers Motherly Advice: “Waiters, Take Small Bites!” VA: Virginia Court Mischaracterizes “Actual Risk” Test in Determining Legal Causation, Yet Offers Motherly Advice: “Waiters, Take Small Bites!”
Jun 29, 2012

Oregon: Police Lieutenant’s Injuries During Coffee Break Are Compensable

On Wednesday, the Court of Appeals of Oregon, in McDermed v. City of Eugene, 2012 Ore. App. LEXIS 796 (June 27, 2012), affirmed an award of workers’ compensation benefits to...

Oregon: Police Lieutenant’s Injuries During Coffee Break Are Compensable Oregon: Police Lieutenant’s Injuries During Coffee Break Are Compensable
Jun 8, 2012

Maryland: Supervisor May Be Sued By Co-Employee re: Parking Lot Vehicular Accident

All but four states (Arkansas, Missouri, Maryland, Vermont, plus the Virgin Islands) extend immunity from tort liability not only to the employer, but co-employees, at least as long as the...

Maryland: Supervisor May Be Sued By Co-Employee re: Parking Lot Vehicular Accident Maryland: Supervisor May Be Sued By Co-Employee re: Parking Lot Vehicular Accident
May 31, 2012

Missouri: Divided Supreme Court Reverses Award of Benefits to Employee Injured Making Coffee for Herself and Others in the Office Kitchen

The Supreme Court of Missouri, in a split decision, construing the state’s version of the “increased-risk” doctrine, on Tuesday (May 29) reversed an award of workers’ compensation benefits to an...

Missouri: Divided Supreme Court Reverses Award of Benefits to Employee Injured Making Coffee for Herself and Others in the Office Kitchen Missouri: Divided Supreme Court Reverses Award of Benefits to Employee Injured Making Coffee for Herself and Others in the Office Kitchen