The Supreme Court of Missouri, construing the state’s special causation rules for workers’ compensation claims, affirmed a decision by the state’s Labor and Industrial Relations Commission that denied an employee’s...
"First Do No Harm" – Missouri Employee's Injuries At Doctor's Office Not Compensable "First Do No Harm" – Missouri Employee's Injuries At Doctor's Office Not CompensableOver the past several weeks, as the coronavirus pandemic has raged across the United States, several state governors and a number of state legislatures have announced, and in a few...
Opinion Mondays: “Old” Case Law May Be Key to Many Coronavirus Claims Opinion Mondays: “Old” Case Law May Be Key to Many Coronavirus ClaimsA panel of the New Hampshire Supreme Court reversed a finding of the state’s Compensation Appeals Board (CAB) denying a claim by an elementary school speech assistant who sustained a...
NH Supreme Court Panel Reverses Board’s Denial in Unexplained Fall Case NH Supreme Court Panel Reverses Board’s Denial in Unexplained Fall 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 EmploymentDefendant Driver Was “Borrowed” Co-Employee and Immune From Suit. In a declaratory judgment action to determine if an automobile liability insurance company was required to defend its insured against an...
NC Auto Insurer Need Not Defend Wrongful Death Action NC Auto Insurer Need Not Defend Wrongful Death ActionThe 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 FallsA 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”Recent 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”45-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