Stressing that the focus of the personal comfort doctrine was to determine if an employee’s actions occurred during the course of the employment, the Court of Appeals of Oregon held...
Establishing “Personal Comfort” Activity Is Only Half the Battle, says OR Court Establishing “Personal Comfort” Activity Is Only Half the Battle, says OR CourtApplying the personal comfort doctrine [see Larson’s Workers’ Compensation Law, § 21.01, et seq.], pursuant to which small, temporary departures from work to administer to personal comforts or convenience are...
PA Court Agrees Injuries Were Compensable under Personal Comfort Doctrine PA Court Agrees Injuries Were Compensable under Personal Comfort DoctrineIn 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 DrinkQuoting Larson’s Workers’ Compensation Law, § 21.02, the District of Columbia Court of Appeals vacated a decision of the D.C.’s Compensation Review Board (CRB) that had denied workers’ compensation benefits...
D.C. Subway Manager’s Injuries During Two-Hour Break Found Compensable D.C. Subway Manager’s Injuries During Two-Hour Break Found CompensableDeeply 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 DogAn employee’s injuries sustained in a one-car auto accident while he drove down a dead-end road some 2.5 miles from his office did not arise out of and in the...
Tell-Tale Web Page on Employee’s Blackberry Spells Doom for South Dakota Comp Claim Tell-Tale Web Page on Employee’s Blackberry Spells Doom for South Dakota Comp ClaimIn a split decision dealing with the application of the personal comfort doctrine described in Larson’s Workers’ Compensation Law, § 21.01, et seq., a majority of the Supreme Court of...
Kentucky High Court Splits in Case Involving Personal Comfort Doctrine Kentucky High Court Splits in Case Involving Personal Comfort DoctrineYesterday, a Pennsylvania appellate court affirmed an order by the state’s Workers’ Compensation Appeal Board awarding workers’ compensation benefits to a worker who sustained facial lacerations and permanent scarring when...
“Dog Bites Man”: Pennsylvania Court Affirms Award for Worker Bitten By Co-Worker’s Canine “Dog Bites Man”: Pennsylvania Court Affirms Award for Worker Bitten By Co-Worker’s CanineIllustrating the significant deference given to the Commission’s factual findings, an Arkansas appellate court recently affirmed the denial of benefits to an employee who sustained injuries when he slipped and...
Arkansas: Fall in Company Parking Lot While Returning Lunch Box is Not Compensable Arkansas: Fall in Company Parking Lot While Returning Lunch Box is Not Compensable