As many of you know, as co-author of Larson’s Workers’ Compensation Law, I read — or truth be told, skim — many, many appellate decisions each year. Recently, because of...
Opinion Mondays: Anachronistic Longings — the Co-Worker Lunch Opinion Mondays: Anachronistic Longings — the Co-Worker LunchA 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 WorkplaceConstruing 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...
NY Court Construes State’s Traveling Employee Rules and Affirms Award of Benefits NY Court Construes State’s Traveling Employee Rules and Affirms Award of BenefitsReversing a lower appellate court, the Supreme Court of Texas held that because the summary judgment evidence established that a deputy sheriff — who died in a vehicular accident involving...
TX Deputy’s Fatal Injuries While Traveling Home in Patrol Car Were Compensable TX Deputy’s Fatal Injuries While Traveling Home in Patrol Car Were CompensableStressing that the Michigan Supreme Court’s Stark decision had not set forth four “factors” to be weighed in determining whether a claimant’s going and coming injury nevertheless occurred in the...
Michigan Auditor’s Auto Accident Injury Claim Not Barred by Going and Coming Rule Michigan Auditor’s Auto Accident Injury Claim Not Barred by Going and Coming RuleAffirming a decision of the state’s Commonwealth Court, the Supreme Court of Pennsylvania recently held that an airline employee who was injured while riding an airport shuttle bus to an...
PA Supreme Court Refuses Narrow Definition of Employer’s “Premises” in Parking Lot Case PA Supreme Court Refuses Narrow Definition of Employer’s “Premises” in Parking Lot CaseThe 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 EmploymentThe provision by an employer of a company-owned vehicle was insufficient to establish a work-connection between an employee’s fatal vehicle accident and the employment, held a Texas appellate court recently...
Provision of Vehicle to Employee Not Controlling Factor in Texas Death Benefits Case Provision of Vehicle to Employee Not Controlling Factor in Texas Death Benefits CaseSufficient evidence existed in the record to support the commissioner’s (and the district court’s) determination that a nurse, who worked for the employer providing in-home nursing services to patients, sustained...
Iowa In-Home Nurse’s Injuries in Head-On Collision Compensable in Spite of Slight Deviation From Routine Iowa In-Home Nurse’s Injuries in Head-On Collision Compensable in Spite of Slight Deviation From RoutineYesterday, 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 CompensableA Georgia appellate court, reversing a decision of a state Superior Court, held that substantial evidence supported a finding by the State Board of Workers’ Compensation that a restaurant manager’s...
Georgia Restaurant Manager’s Gunshot Wound at Home During Attempted Robbery Was Compensable Georgia Restaurant Manager’s Gunshot Wound at Home During Attempted Robbery Was 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 Forward