An Ohio appellate court disagreed with the trial court’s conclusion that a social worker was a fixed situs employee whose injuries sustained when he slipped and fell in a restaurant...
Ohio Social Worker’s Slip and Fall Injuries in Icy Restaurant Parking Lot Did Not Arise from His Employment Ohio Social Worker’s Slip and Fall Injuries in Icy Restaurant Parking Lot Did Not Arise from His EmploymentReversing a decision by a state judge of compensation claims (JCC) that had awarded workers’ compensation benefits to a Florida HVAC technician who sustained injuries in a vehicular accident as...
Under FL Statute, “Traveling Employee” is Not in “Travel Status” While Driving Home from Work Under FL Statute, “Traveling Employee” is Not in “Travel Status” While Driving Home from WorkConstruing Florida’s “going and coming” statute, § 440.092(2), Fla. Stat., a state appellate court affirmed a finding by a judge of compensation claims that injuries sustained by an American Airlines...
Claim of FL Airlines Employee Barred by Going and Coming Statute Claim of FL Airlines Employee Barred by Going and Coming StatuteA Florida appellate court affirmed a state JCC’s denial of a claim filed by a teacher who sustained a broken left femur when he lost his balance and fell after...
Florida Teacher’s Fall After His Leg Went to Sleep is Not Compensable Florida Teacher’s Fall After His Leg Went to Sleep is Not CompensableFinding that a Nevada appeals officer had focused too narrowly on an employee’s work-related duties and had not considered the totality of the circumstances in determining if the employee’s injury...
NV Cannabis Dispensary’s Employee Might Recover for Injuries Sustained in Altercation with Customer NV Cannabis Dispensary’s Employee Might Recover for Injuries Sustained in Altercation with CustomerIn a case arising out of a tragic and bizarre 2017 multiple-shooting incident at a New York hospital, a state appellate court reversed a decision of the Empire State’s Workers’...
Mass Shooting Victim’s NY Civil Action May Move Forward Against Employer Mass Shooting Victim’s NY Civil Action May Move Forward Against EmployerStressing that the focus of the personal comfort doctrine was to determine if an employee’s actions occurred during the course of the employment, the Court of Appeals of Oregon held...
Establishing “Personal Comfort” Activity Is Only Half the Battle, says OR Court Establishing “Personal Comfort” Activity Is Only Half the Battle, says OR CourtYesterday, the Supreme Court of New Jersey, reversing a decision of the Superior Court, Appellate Division [see 466 N.J. Super. 160, 245 A.3d 1019 (App. Div. 2021)], found that serious injuries...
NJ Librarian’s Parking Lot Injuries When Struck by Snowplow are Compensable NJ Librarian’s Parking Lot Injuries When Struck by Snowplow are CompensableApplying the personal comfort doctrine [see Larson’s Workers’ Compensation Law, § 21.01, et seq.], pursuant to which small, temporary departures from work to administer to personal comforts or convenience are...
PA Court Agrees Injuries Were Compensable under Personal Comfort Doctrine PA Court Agrees Injuries Were Compensable under Personal Comfort DoctrineThe Supreme Court of Delaware affirmed the denial of workers’ compensation benefits to a courthouse employee who sustained injuries in a sinkhole accident near—but not on the courthouse property [Browning...
Delaware High Court Says Sinkhole Injuries Were Not Compensable Delaware High Court Says Sinkhole Injuries Were Not CompensableConstruing the “parking lot” exception to the standard going and coming rule, an Oregon appellate court affirmed an award of benefits to a dental hygienist who sustained injuries when she...
Oregon Employee’s Slip and Fall Claim in “Annex Parking Area” Not Barred by Going and Coming Rule Oregon Employee’s Slip and Fall Claim in “Annex Parking Area” Not Barred by Going and Coming RuleIn an opinion not designated for publication, the Court of Appeals of Virginia affirmed an award of workers’ compensation benefits to an employee of an auto dealership who sustained injuries...
Va. Employee’s Injuries Sustained While Moving Under Descending Door Are Compensable Va. Employee’s Injuries Sustained While Moving Under Descending Door Are Compensable