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 EmploymentStressing 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 CourtIn 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 CompensableIn a case with a rather bizarre fact pattern, an Oregon appellate court affirmed a decision by the state’s Workers’ Compensation Board that awarded benefits to a painter who sustained...
Oregon Employee Recovers Benefits Following Explosion of Energy Drink Oregon Employee Recovers Benefits Following Explosion of Energy DrinkA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that denied a claim for consequential Lyme disease in spite of an opinion offered by an...
NY Worker Fails to Establish Claim for Lyme Disease NY Worker Fails to Establish Claim for Lyme DiseaseApplying Virginia’s “actual risk” doctrine, which generally holds that simple acts of walking, bending, turning, or even climbing stairs–without proof of any other contributing environmental factors–are not risks of employment,...
Virginia Court Sticks to its “Actual Risk” Doctrine Virginia Court Sticks to its “Actual Risk” DoctrineSeveral weeks ago, an attorney friend called for some advice. One of his clients had asked if the client’s business might face additional liability if–once the COVID-19 vaccines are generally...
Opinion Mondays: Do Employers Face Additional Liability for COVID-19 Vaccination Side Effects? Opinion Mondays: Do Employers Face Additional Liability for COVID-19 Vaccination Side Effects?A defendant/co-worker’s act of bringing her dog to the employer’s residential facility for pregnant women to serve as a comfort animal was an activity that had to do with and...
Texas Employee’s Suit Against Co-Worker for Dog Bite is Barred by Exclusivity Texas Employee’s Suit Against Co-Worker for Dog Bite is Barred by ExclusivityIn a decision that has important ramifications for other claims filed in the Empire State by employees working from home due to the COVID-19 pandemic, a state appellate court reversed...
NY Board May Not Employ "Novel" Standard for Work-at-Home Injuries NY Board May Not Employ "Novel" Standard for Work-at-Home InjuriesThe Supreme Court of Illinois reversed a decision of the Appellate Court, Workers’ Compensation Division, that in turn had affirmed a denial of benefits to a restaurant sous-chef who sustained...
Illinois Supreme Court Clarifies Rule Regarding Injuries Stemming From Common Bodily Movements Illinois Supreme Court Clarifies Rule Regarding Injuries Stemming From Common Bodily MovementsRecently, I had an occasion to spar with a young reporter who was gathering background information on a COVID-19 piece that she’s preparing. She’s only been in the legal news...
Opinion Mondays: COVID-19 Presumptions Don't Stand Alone in the Workers' Comp World Opinion Mondays: COVID-19 Presumptions Don't Stand Alone in the Workers' Comp WorldA New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that a claimant/employee did not sustain injuries arising out of and in the course of his...
New York's "Gray Area" Rule Does Not Aid Claimant Struck by Car Near Workplace New York's "Gray Area" Rule Does Not Aid Claimant Struck by Car Near Workplace