In a case of first impression, the Supreme Court of Nevada addressed the traveling employee rule and, quoting Larson’s Workers’ Compensation Law, § 25.01, approved of the so-called Larson rule...
Nevada Supreme Court Sets Out Rules Regarding Traveling Employees Nevada Supreme Court Sets Out Rules Regarding Traveling EmployeesIn a split decision, a Florida appellate court held that an employee’s injuries sustained while bowling with co-workers during an employer-sponsored event arose out of and in the course of...
Divided Florida Court Says On-the-Clock Bowling Outing Was Not a Recreational Event Divided Florida Court Says On-the-Clock Bowling Outing Was Not a Recreational EventAffirming a decision of the state’s Commonwealth Court, the Supreme Court of Pennsylvania recently held that an airline employee who was injured while riding an airport shuttle bus to an...
PA Supreme Court Refuses Narrow Definition of Employer’s “Premises” in Parking Lot Case PA Supreme Court Refuses Narrow Definition of Employer’s “Premises” in Parking Lot CaseIllustrating the narrow rule that Arkansas utilizes to determine if an injury arises out of and in the course of the employment, a state appellate court recently affirmed the denial...
On-Premises Slip and Fall Not Compensable for Arkansas Worker On-Premises Slip and Fall Not Compensable for Arkansas WorkerWhere a hospital worker, who had arrived at her employer’s facility one hour prior to the time she was supposed to clock in (which was her habit), sustained injuries as...
Hospital Worker’s Injuries Exiting Elevator Cannot Support Tort Suit Against Louisiana Employer Hospital Worker’s Injuries Exiting Elevator Cannot Support Tort Suit Against Louisiana EmployerThe mere gratuitous furnishing of transportation by the employer to the employee as an accommodation, and not as an integral part of the contract of employment, does not, by itself,...
Provision of Company Vehicle to Texas Employee Does Not Necessarily Bring Commute Within Employment Provision of Company Vehicle to Texas Employee Does Not Necessarily Bring Commute Within EmploymentYesterday (October 1, 2019), the Court of Appeals of Mississippi affirmed an award of death benefits to the surviving dependents of a hospital material-management technician who was found dead in...
Mississippi Employer Fails to Rebut Presumption That Employee’s Unwitnessed Death was Work-Related Mississippi Employer Fails to Rebut Presumption That Employee’s Unwitnessed Death was Work-RelatedA products liability/strict liability and negligence action filed by an employee against an employer based upon the employer’s earlier merger with the firm that had manufactured the allegedly defective product...
Federal Court Nixes SD Employee’s Attempted Use of Dual Capacity Doctrine Federal Court Nixes SD Employee’s Attempted Use of Dual Capacity DoctrineThe Supreme Court of Utah affirmed a finding by the state’s Labor Commission that an employee’s injuries sustained in an unexplained fall in a parking lot adjacent to the employer’s...
Utah High Court Comes Close to Adopting Positional Risk for Unexplained Falls Utah High Court Comes Close to Adopting Positional Risk for Unexplained FallsThe provision by an employer of a company-owned vehicle was insufficient to establish a work-connection between an employee’s fatal vehicle accident and the employment, held a Texas appellate court recently...
Provision of Vehicle to Employee Not Controlling Factor in Texas Death Benefits Case Provision of Vehicle to Employee Not Controlling Factor in Texas Death Benefits CaseIn a case that illustrates the difficulties that can arise from intertwined small businesses, a Massachusetts appellate court affirmed a decision of the state’s Industrial Accident Reviewing Board that denied...
Massachusetts Business Owner’s Death in Auto Accident While Attending to Side Business is Not Compensable Massachusetts Business Owner’s Death in Auto Accident While Attending to Side Business is Not CompensableSufficient evidence existed in the record to support the commissioner’s (and the district court’s) determination that a nurse, who worked for the employer providing in-home nursing services to patients, sustained...
Iowa In-Home Nurse’s Injuries in Head-On Collision Compensable in Spite of Slight Deviation From Routine Iowa In-Home Nurse’s Injuries in Head-On Collision Compensable in Spite of Slight Deviation From Routine