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 AccidentAdopting 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” RuleIn what at first blush might appear as a counter-intuitive ruling, an Illinois appellate court has held that a flight attendant who injured her knee on a flight from Denver...
Illinois Court Says Flight Attendant is Not a Traveling Employee While “Commuting” Illinois Court Says Flight Attendant is Not a Traveling Employee While “Commuting”In what Professor Larson would have referred to as an “upside-down” exclusivity case—where the employee tries to prove that her injuries were not covered by the applicable workers’ compensation law...
Virgin Islands: Going and Coming—Is Break Taken to Run Errands a “Lunch” Break Virgin Islands: Going and Coming—Is Break Taken to Run Errands a “Lunch” BreakIn Potier v. Acadian Ambulance Serv., Inc., 2014 La. App. LEXIS 347 (February 12, 2014), a Louisiana appellate court recently affirmed a decision by a state workers’ compensation judge that...
Louisiana: Mileage Payment Does Not Bring EMT’s Travel Within the Employment; Going and Coming Rule Bars Claim Louisiana: Mileage Payment Does Not Bring EMT’s Travel Within the Employment; Going and Coming Rule Bars ClaimConstruing the “traveling employee” rule, the Supreme Court of Illinois, in a divided decision, yesterday held that a worker who took a position with an employer located some 200 miles...
Illinois: Divided High Court Finds Injured Employee was Not a “Traveling Employee” Illinois: Divided High Court Finds Injured Employee was Not a “Traveling Employee”Under workers’ compensation law’s so-called “going and coming” rule, for an employee having fixed hours and place of work, injuries sustained en route to or from the workplace are generally...
Illinois: Workers’ Comp’s “Traveling Employee” Rule May Not Be Expanded to Tort Arena Illinois: Workers’ Comp’s “Traveling Employee” Rule May Not Be Expanded to Tort ArenaThe basic “going and coming” rule, in effect in the vast majority of jurisdictions, is that for an employee having fixed hours and place of work, injuries sustained going to...
Connecticut: Special Statute Providing Benefits to Police Officers and Firefighters Injured During “Commute” Did Not Apply to Injury in Officer’s Driveway Connecticut: Special Statute Providing Benefits to Police Officers and Firefighters Injured During “Commute” Did Not Apply to Injury in Officer’s DrivewayA Louisiana appellate court recently affirmed the denial of a claim filed by a police sergeant who sustained injuries when he fell in a stairwell at Police Headquarters following a...
Louisiana: Police Sergeant’s Short Trip to Headquarters To Get Cash From Credit Union Was Deviation From Employment; Injuries in Stairwell Not Compensable Louisiana: Police Sergeant’s Short Trip to Headquarters To Get Cash From Credit Union Was Deviation From Employment; Injuries in Stairwell Not CompensableA North Carolina appellate court, in Quiroz v. Metropols Statuary, Inc., 2011 N.C. App. LEXIS 2619 (Dec. 20, 2011), recently affirmed a decision by the state’s Industrial Commission that had...
North Carolina Worker Injured While Retrieving Paycheck Denied Benefits Under “Going and Coming” Rule North Carolina Worker Injured While Retrieving Paycheck Denied Benefits Under “Going and Coming” Rule