Tag: going and coming

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 11, 2019

Nebraska Deputy’s Fatal Injuries in Auto Accident Not Compensable

Deputy Was on Cell Phone Exchanging Shift-Change Information at Time of Crash A deputy sheriff’s death in an automobile accident did not arise out of and in the course of...

Nebraska Deputy’s Fatal Injuries in Auto Accident Not Compensable Nebraska Deputy’s Fatal Injuries in Auto Accident Not Compensable
Nov 2, 2018

Ohio’s “Zone of Employment” Rule Protects Worker Who Clocked Out for Lunch

Injuries Sustained in Nearby Parking Lot Were Compensable Where an Ohio data entry worker had clocked out for lunch, exited the building, and fell in a nearby parking lot, breaking...

Ohio’s “Zone of Employment” Rule Protects Worker Who Clocked Out for Lunch Ohio’s “Zone of Employment” Rule Protects Worker Who Clocked Out for Lunch
Jun 13, 2018

Kansas Worker Gets No Benefits For Early Morning Injuries While Walking to Hotel

A Kansas roofer, who sustained catastrophic injuries when he was struck by a drunk driver as the roofer walked from a bar to his hotel at 2:20 a.m., could not...

Kansas Worker Gets No Benefits For Early Morning Injuries While Walking to Hotel Kansas Worker Gets No Benefits For Early Morning Injuries While Walking to Hotel
Jun 1, 2018

Pre-Shift Assault on NYC Train Conductor at Station Not Compensable

Claimant Fails to Establish Exception to Going and Coming Rule Yesterday, a New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that denied the claim of...

Pre-Shift Assault on NYC Train Conductor at Station Not Compensable Pre-Shift Assault on NYC Train Conductor at Station Not Compensable
May 24, 2018

Maryland High Court Says Bus Driver’s Accident Traveling to Training Session May Have Been “Special Mission”

Claim Not Barred, as a Matter of Law, by Going and Coming Rule A county bus driver, who sustained injuries in an auto accident as she traveled to attend a...

Maryland High Court Says Bus Driver’s Accident Traveling to Training Session May Have Been “Special Mission” Maryland High Court Says Bus Driver’s Accident Traveling to Training Session May Have Been “Special Mission”
May 14, 2018

Divided OK Supreme Court Reverses Denial of Claim Involving Travel to Work Site

In a divided decision, the Supreme Court of Oklahoma reversed a lower court’s finding and held that a pipeline installation worker’s injuries sustained in a vehicular accident while traveling to...

Divided OK Supreme Court Reverses Denial of Claim Involving Travel to Work Site Divided OK Supreme Court Reverses Denial of Claim Involving Travel to Work Site
Apr 3, 2018

20 Shades of Gray: NY Court Construes “Risks of Street Travel” Rule

Where a New York office worker sustained injuries when she tripped and fell while walking on a public sidewalk approximately 20 feet from the door to the building that contained...

20 Shades of Gray: NY Court Construes “Risks of Street Travel” Rule 20 Shades of Gray: NY Court Construes “Risks of Street Travel” Rule
Nov 2, 2017

Texas Electrician Was Not Traveling Employee In Spite of Weekly Stipend

Death Benefits Claim Barred by Going and Coming Rule In spite of (1) an employer’s designation of an employee as a “field electrician”; (2) the employer’s payment of a $75...

Texas Electrician Was Not Traveling Employee In Spite of Weekly Stipend Texas Electrician Was Not Traveling Employee In Spite of Weekly Stipend
Oct 17, 2017

Kentucky Driver Who Keeps Tractor-Trailer Rig at Home is Traveling Employee

Where a long-haul truck driver kept one of his employer’s tractor-trailer units at his home because he lived near an interstate highway and the employer’s facility was one hour away...

Kentucky Driver Who Keeps Tractor-Trailer Rig at Home is Traveling Employee Kentucky Driver Who Keeps Tractor-Trailer Rig at Home is Traveling Employee
Jun 22, 2017

California In-Home Caretaker Awarded Benefits for Injuries Sustained in Bicycle Accident

Observing that California’s “required vehicle” exception to the going and coming rule arises where the employee’s use of his or her own vehicle gives some incidental benefit to the employer,...

California In-Home Caretaker Awarded Benefits for Injuries Sustained in Bicycle Accident California In-Home Caretaker Awarded Benefits for Injuries Sustained in Bicycle Accident
Nov 17, 2016

South Carolina High Court Adopts Larson’s “Divided Premises” Rule

Adopting Dr. Arthur Larson’s “divided premises” rule [Larson’s Workers’ Compensation Law § 13.01[4][b]], in which an employee remains within the course and scope of the employment while traveling along or...

South Carolina High Court Adopts Larson’s “Divided Premises” Rule South Carolina High Court Adopts Larson’s “Divided Premises” Rule