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 ProfessorAs 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 RattlesnakeThe 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 CompensableAffirming 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!”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 CompensableAll 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 AccidentThe 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 KitchenA stable groom for a horse farm, who sustained multiple injuries in an automobile accident that occurred while he rode with a friend back to Kentucky from Saratoga, New York,...
Kentucky: Stable Groom, Injured In Auto Accident Returning to Kentucky From New York, Was “Traveling Employee” In Spite of Indefinite Nature of Travel Details Kentucky: Stable Groom, Injured In Auto Accident Returning to Kentucky From New York, Was “Traveling Employee” In Spite of Indefinite Nature of Travel DetailsIn yesterday’s post, I pointed out the difficulty courts (and not a few practitioners) have had with a specific form of neutral risk–those in which an employee falls while walking...
Virginia Court Affirms Denial of Benefits Related to Unexplained Fall In Spite of Evidence That Claimant’s Step From Truck Was Larger Than Normal Staircase Distance Virginia Court Affirms Denial of Benefits Related to Unexplained Fall In Spite of Evidence That Claimant’s Step From Truck Was Larger Than Normal Staircase DistanceLast Wednesday, a Georgia appellate court, holding the State Board of Workers’ Compensation had utilized an “erroneous theory” regarding what conduct constitutes a deviation from employment that will bar compensation...
Georgia Appellate Court: Effort to Stop Runaway Car is Not a Deviation From the Employment Georgia Appellate Court: Effort to Stop Runaway Car is Not a Deviation From the Employment