Tag: neutral risk

Aug 24, 2021

Oregon Employee Recovers Benefits Following Explosion of Energy Drink

In a case with a rather bizarre fact pattern, an Oregon appellate court affirmed a decision by the state’s Workers’ Compensation Board that awarded benefits to a painter who sustained...

Oregon Employee Recovers Benefits Following Explosion of Energy Drink Oregon Employee Recovers Benefits Following Explosion of Energy Drink
Oct 1, 2020

Illinois Supreme Court Clarifies Rule Regarding Injuries Stemming From Common Bodily Movements

The Supreme Court of Illinois reversed a decision of the Appellate Court, Workers’ Compensation Division, that in turn had affirmed a denial of benefits to a restaurant sous-chef who sustained...

Illinois Supreme Court Clarifies Rule Regarding Injuries Stemming From Common Bodily Movements Illinois Supreme Court Clarifies Rule Regarding Injuries Stemming From Common Bodily Movements
Feb 4, 2020

NH Supreme Court Panel Reverses Board’s Denial in Unexplained Fall Case

A 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 Case
Sep 11, 2019

Utah High Court Comes Close to Adopting Positional Risk for Unexplained Falls

The 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 Falls
Jul 17, 2019

Kansas Hospital Worker Recovers for Two Unexplained Falls

Guided by the recent decision of the Supreme Court of Kansas in Estate of Graber v. Dillon Cos., 2019 Kan. LEXIS 67 (Apr. 12, 2019)[extended discussion of Graber can be...

Kansas Hospital Worker Recovers for Two Unexplained Falls Kansas Hospital Worker Recovers for Two Unexplained Falls
Apr 15, 2019

Kansas Supreme Court Reiterates: “Idiopathic” and “Unknown” Are Not Synonyms

Case Sent Back to Board for Determination Consistent With its Holding In a case of first impression, the Supreme Court of Kansas, affirming a decision of the state’s Court of...

Kansas Supreme Court Reiterates: “Idiopathic” and “Unknown” Are Not Synonyms Kansas Supreme Court Reiterates: “Idiopathic” and “Unknown” Are Not Synonyms
Apr 8, 2019

No Recovery for Home-Based Workers’ Comp Adjuster Who Trips Over Her Dog

Deeply Divided Florida Court Says Risk of Tripping Did Not Arise Out of Employment Emphasizing that eligibility for workers’ compensation benefits turns on whether the employment led to the risk...

No Recovery for Home-Based Workers’ Comp Adjuster Who Trips Over Her Dog No Recovery for Home-Based Workers’ Comp Adjuster Who Trips Over Her Dog
Aug 19, 2015

Illinois Welder’s Knee Injury While Swiveling in Chair Found Compensable

Using a neutral risk analysis, an Illinois appellate court reversed a trial court’s decision that in turn had affirmed the denial of workers’ compensation benefits to a worker who injured...

Illinois Welder’s Knee Injury While Swiveling in Chair Found Compensable Illinois Welder’s Knee Injury While Swiveling in Chair Found Compensable
Mar 3, 2015

Chicago Plumbing Inspector’s Trip & Fall on Street Curb is Compensable

A City of Chicago plumbing inspector, whose duties required him to travel throughout the city by car to inspect the plumbing in both residential and commercial buildings, sustained an injury...

Chicago Plumbing Inspector’s Trip & Fall on Street Curb is Compensable Chicago Plumbing Inspector’s Trip & Fall on Street Curb is Compensable
Feb 13, 2014

Idaho Shoe Lace Causes Compensable Herniated Disc

In a decision showing just how strongly the state’s workers’ compensation system separates the “arising out of” the employment component of the compensation formula from the “course of employment” component,...

Idaho Shoe Lace Causes Compensable Herniated Disc Idaho Shoe Lace Causes Compensable Herniated Disc
Apr 17, 2012

North Dakota Supreme Court Refuses to Adopt Positional Risk Doctrine in Unexplained Fall Cases

There’s nothing like an employee’s unexplained fall while walking on a level, unobstructed floor to test one’s position on the positional risk doctrine in workers’ compensation claims. As was noted...

North Dakota Supreme Court Refuses to Adopt Positional Risk Doctrine in Unexplained Fall Cases North Dakota Supreme Court Refuses to Adopt Positional Risk Doctrine in Unexplained Fall Cases