Tag: arise out of employment

Feb 22, 2022

Florida Teacher’s Fall After His Leg Went to Sleep is Not Compensable

A 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 Compensable
Feb 21, 2022

NV Cannabis Dispensary’s Employee Might Recover for Injuries Sustained in Altercation with Customer

Finding 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 Customer
May 11, 2021

Arizona Employee’s Idiopathic Fall is Not Compensable

In an unpublished decision, an Arizona appellate court affirmed a determination by the state’s Industrial Commission that found an employee’s workers’ compensation claim was not compensable because the employee’s injuries...

Arizona Employee’s Idiopathic Fall is Not Compensable Arizona Employee’s Idiopathic Fall is Not Compensable
Mar 26, 2020

$2.9 Million California Judgment Against Employer Stands in Muddled Green Card Application Case

A California appellate court affirmed a $2.9 million judgment entered against a former movie industry employer who botched the green card application process of one of its foreign employees, resulting...

$2.9 Million California Judgment Against Employer Stands in Muddled Green Card Application Case $2.9 Million California Judgment Against Employer Stands in Muddled Green Card Application Case
May 1, 2019

Assault on NYC Subway Employee Exiting Train Did Not Occur In Course of Employment

Employee 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 Employment
Apr 24, 2019

Virginia Police Officer’s Slip and Fall While Trying to Get Out of Pouring Rain is Not Compensable

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 Compensable
Apr 8, 2019

No Recovery for Home-Based Workers’ Comp Adjuster Who Trips Over Her Dog

Deeply Divided Florida Court Says Risk of Tripping Did Not Arise Out of Employment Emphasizing that eligibility for workers’ compensation benefits turns on whether the employment led to the risk...

No Recovery for Home-Based Workers’ Comp Adjuster Who Trips Over Her Dog No Recovery for Home-Based Workers’ Comp Adjuster Who Trips Over Her Dog
Mar 1, 2019

Virginia Counselor’s Injuries While Attending Mandatory Off-Site Training Were Not Compensable

Appeals Court Says She Was Not Subject to Special Risk of Injury A Virginia appellate court reversed an award of workers’ compensation benefits to a licensed professional counselor who was...

Virginia Counselor’s Injuries While Attending Mandatory Off-Site Training Were Not Compensable Virginia Counselor’s Injuries While Attending Mandatory Off-Site Training Were Not Compensable
Feb 7, 2019

Virginia Commission Should Have Considered Employment-Related Risks of Assault

Where an overnight attendant at a rest area was stabbed in the face by a former co-worker whose motive could not be determined—the assailant committed suicide later the same day—the...

Virginia Commission Should Have Considered Employment-Related Risks of Assault Virginia Commission Should Have Considered Employment-Related Risks of Assault
Feb 4, 2019

Tennessee: No Compensable Claim Where Employer Failed to Use On-Site Defibrillator

The Supreme Court of Tennessee, reversing a decision of a state trial court, held that an employer who failed to use an automated external defibrillator (AED) to assist an employee...

Tennessee: No Compensable Claim Where Employer Failed to Use On-Site Defibrillator Tennessee: No Compensable Claim Where Employer Failed to Use On-Site Defibrillator
Oct 24, 2017

Ohio Claimant Has Burden of Showing Unexplained Fall Was Not Caused by Idiopathic Condition

Where an injured employee’s medical history and medications raised a fact issue about the possible role of risks personal to the employee in an otherwise unexplained fall, the employee was...

Ohio Claimant Has Burden of Showing Unexplained Fall Was Not Caused by Idiopathic Condition Ohio Claimant Has Burden of Showing Unexplained Fall Was Not Caused by Idiopathic Condition