Tag: positional risk

Aug 30, 2022

Employee Recovers for Idiopathic Fall Under Louisiana’s Positional Risk Doctrine

A Louisiana appellate court recently affirmed a determination by a WCJ that a pharmacy technician’s injuries resulting from a fall at her computer station after she had suffered a one-time...

Employee Recovers for Idiopathic Fall Under Louisiana’s Positional Risk Doctrine Employee Recovers for Idiopathic Fall Under Louisiana’s Positional Risk Doctrine
Apr 27, 2021

West Virginia High Court Says Unexplained Fall is Compensable

In a memorandum opinion, the Supreme Court of Appeals of West Virginia affirmed a decision by the state’s Workers’ Compensation Office of Judges, which had been affirmed by the Board...

West Virginia High Court Says Unexplained Fall is Compensable West Virginia High Court Says Unexplained Fall is Compensable
Dec 2, 2019

Virginia Courts “Liberally Construe” the State’s Act—Not the Evidence Itself

Stressing that Virginia courts were required to “liberally construe” the state’s Workers’ Compensation Act, but not the evidence in the record before it, the Court of Appeals of Virginia affirmed...

Virginia Courts “Liberally Construe” the State’s Act—Not the Evidence Itself Virginia Courts “Liberally Construe” the State’s Act—Not the Evidence Itself
Nov 4, 2019

Georgia Employee’s Estate May Move Forward With Tort Action Regarding Parking Lot Shooting

Where a grocery store employee was shot and killed in an apparent robbery attempt in the parking lot adjacent to the store, but after the employee had ended her work...

Georgia Employee’s Estate May Move Forward With Tort Action Regarding Parking Lot Shooting Georgia Employee’s Estate May Move Forward With Tort Action Regarding Parking Lot Shooting
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
Apr 18, 2019

Missouri Court Affirms Award for Fall in Employer’s Parking Garage

45-Year Employee Did Not Face Similar Risk in Non-Employment Life A Missouri appellate court affirmed a decision by the state’s Labor and Industrial Relations Commission that awarded workers’ compensation benefits...

Missouri Court Affirms Award for Fall in Employer’s Parking Garage Missouri Court Affirms Award for Fall in Employer’s Parking Garage
Oct 12, 2017

Virginia Case Shows “On-the-Job” Injuries May Not be Compensable

The phrase is used quite often, even by attorneys: “He [or she] was hurt ‘on-the-job.’” The typical implication is that a worker who sustains an “on-the-job” injury deserves workers’ compensation...

Virginia Case Shows “On-the-Job” Injuries May Not be Compensable Virginia Case Shows “On-the-Job” Injuries May Not be Compensable
Jan 19, 2015

South Carolina Supreme Court Adopts What Amounts to Positional Risk Standard in Slip and Fall Cases

The Supreme Court of South Carolina, reversing the state court of appeals, recently held that an office worker who sustained injuries when she fell as she walked down an unobstructed,...

South Carolina Supreme Court Adopts What Amounts to Positional Risk Standard in Slip and Fall Cases South Carolina Supreme Court Adopts What Amounts to Positional Risk Standard in Slip and Fall Cases
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