Quoting Larson’s Workers’ Compensation Law, § 21.02, the District of Columbia Court of Appeals vacated a decision of the D.C.’s Compensation Review Board (CRB) that had denied workers’ compensation benefits...
D.C. Subway Manager’s Injuries During Two-Hour Break Found Compensable D.C. Subway Manager’s Injuries During Two-Hour Break Found CompensableYesterday, the Court of Special Appeals of Maryland, in a case of first impression, adopted the three-part test for compensability of injuries to home-based employees described in Larson’s Workers’ Compensation...
Maryland Home-Based Worker’s Fall Outside His Home Might Be Compensable Maryland Home-Based Worker’s Fall Outside His Home Might Be CompensableEmployer Fails to Show Injury “Fell” Within “Access Doctrine” Exception to Going and Coming Rule A Texas appellate court recently held that an employer—the City of Corpus Christi—failed to show...
Texas Employee’s Tort Action for Fall in Parking Lot Injury May Move Forward Texas Employee’s Tort Action for Fall in Parking Lot Injury May Move ForwardA Georgia employee’s negligence claim against his employer for allegedly denying him access to medical care and insurance coverage following an injury in a vehicular crash is barred by the...
Georgia Employee May Not Sue Employer for Negligent Denial of Medical Care Following Injury Georgia Employee May Not Sue Employer for Negligent Denial of Medical Care Following InjuryYesterday, I had an interesting e-mail exchange with a blog subscriber who wanted my take on the compensability of injuries resulting from Acts of God, specifically, tornadoes and and lightning...
Tornadoes and other “Acts of God”: When Are Weather-Related Injuries Compensable? Tornadoes and other “Acts of God”: When Are Weather-Related Injuries Compensable?A North Carolina worker, who alleged that he was negligently diagnosed and treated by his employer’s plant nurse after suffering a stroke at work, may proceed in tort against that...
NC Worker May Proceed in Tort Against Employer and Plant Nurse for Negligent Treatment NC Worker May Proceed in Tort Against Employer and Plant Nurse for Negligent TreatmentOwner/Employee’s Injuries in Wreck Were Work-Related Despite Fact That Meeting’s Purpose Was Tangential Injuries sustained in an auto accident by the owner/employee of a commercial-vehicle tire changing service as the...
Ohio Court Takes Broad View of “Arising Out of Employment” Ohio Court Takes Broad View of “Arising Out of Employment”Court Discusses Important Distinction Between “Legal” and “Medical” Causation Stepping lightly through the difficult mine field of “legal causation,” a Utah appellate court affirmed a decision by the state’s Labor...
Utah Court: Unusual Exertion Required if Claimant Has Preexisting Condition Utah Court: Unusual Exertion Required if Claimant Has Preexisting ConditionEmployee Had Clocked Out and Traveled Six Stops Toward His Home Where a New York City subway train cleaner clocked out at the end of his shift, left his assigned...
Assault on NYC Subway Employee Exiting Train Did Not Occur In Course of Employment Assault on NYC Subway Employee Exiting Train Did Not Occur In Course of EmploymentRecent Decisions Reach Opposite Conclusions in Dog-Tripping Incidents According to a recent report published by the Bureau of Labor Statistics, as many as 22 percent of the American labor force...
Home-Based Workers: Beware of Four-Legged “Best Friends” Home-Based Workers: Beware of Four-Legged “Best Friends”In an unusual case that illustrates Virginia’s restrictive “arising out of the employment” test, a state appellate court yesterday affirmed the denial of workers’ compensation benefits to a former police...
Virginia Police Officer’s Slip and Fall While Trying to Get Out of Pouring Rain is Not Compensable Virginia Police Officer’s Slip and Fall While Trying to Get Out of Pouring Rain is Not Compensable45-Year Employee Did Not Face Similar Risk in Non-Employment Life A Missouri appellate court affirmed a decision by the state’s Labor and Industrial Relations Commission that awarded workers’ compensation benefits...
Missouri Court Affirms Award for Fall in Employer’s Parking Garage Missouri Court Affirms Award for Fall in Employer’s Parking Garage