NY Police Sergeant’s Injuries Sustained While Driving from Home to Station Were Compensable under Special Errand Exception

Kentucky High Court Says Traveling-Employee Doesn’t “Travel” Until She Leaves Her Property

Florida Court Stresses There is No “Field Employee” Exception to Statutory Going and Coming Rule

A Florida appellate court held that a judge of compensation claims committed error when he determined that a construction worker who sustained severe injuries in a vehicular accident as he...

Under FL Statute, “Traveling Employee” is Not in “Travel Status” While Driving Home from Work

Reversing a decision by a state judge of compensation claims (JCC) that had awarded workers’ compensation benefits to a Florida HVAC technician who sustained injuries in a vehicular accident as...

Delaware High Court Says Sinkhole Injuries Were Not Compensable

The Supreme Court of Delaware affirmed the denial of workers’ compensation benefits to a courthouse employee who sustained injuries in a sinkhole accident near—but not on the courthouse property [Browning...

Oregon Employee’s Slip and Fall Claim in “Annex Parking Area” Not Barred by Going and Coming Rule

Construing the “parking lot” exception to the standard going and coming rule, an Oregon appellate court affirmed an award of benefits to a dental hygienist who sustained injuries when she...

South Dakota Court “Borrows” Going and Coming Rule for Negligence Action

The Supreme Court of South Dakota recently affirmed a trial court’s decision that granted summary judgment to a municipality and a volunteer fire department on the basis that the department’s...

NY Court Agrees Claimant’s Injuries Occurred Within “Gray Area” of Employment

Reiterating New York’s special “gray area” rule, pursuant to which injuries sustained in public areas near the employment—but not on the employer’s premises—are nevertheless compensable where the risks of street...

PA Court Says Janitor’s Fall Near Entrance of Building is Compensable

A Pennsylvania appellate court reversed a decision of a state workers’ compensation judge, affirmed by the state’s Board, that had denied workers’ compensation benefits to a janitor who sustained injuries...

Opinion Mondays: COVID-19 and the Going and Coming Rule

Within the community of workers’ compensation professionals, most of our COVID-19 attention has been directed to presumptions of compensability and to the relatively unprecedented awarding of benefits to employees who...

Las Vegas Police Officer's Injuries During Commute Home Were Compensable

Adopting a "totality-of-the-circumstances" approach to determine whether a police officer's injury fell within the so-called "law-enforcement" exception to the standard going and coming rule, the Supreme Court of Nevada reversed...

NY Court Construes State’s Traveling Employee Rules and Affirms Award of Benefits

Construing the state’s traveling employee rules, as those rules pertain to claims for workers’ compensation benefits, a New York appellate court affirmed a decision by the state’s Workers’ Compensation Board...