Construing Florida’s “going and coming” statute, § 440.092(2), Fla. Stat., a state appellate court affirmed a finding by a judge of compensation claims that injuries sustained by an American Airlines...
Claim of FL Airlines Employee Barred by Going and Coming Statute Claim of FL Airlines Employee Barred by Going and Coming StatuteYesterday, the Supreme Court of New Jersey, reversing a decision of the Superior Court, Appellate Division [see 466 N.J. Super. 160, 245 A.3d 1019 (App. Div. 2021)], found that serious injuries...
NJ Librarian’s Parking Lot Injuries When Struck by Snowplow are Compensable NJ Librarian’s Parking Lot Injuries When Struck by Snowplow are CompensableReversing a decision of a state workers’ compensation judge, the Superior Court of New Jersey, Appellate Division, found that injuries sustained by a township librarian, when she and her husband...
NJ Township Librarian’s Injuries in Township Parking Lot Did Not Occur on the Employer’s Premises NJ Township Librarian’s Injuries in Township Parking Lot Did Not Occur on the Employer’s PremisesJettisoning a decision that had stood for more than 85 years, a divided Supreme Court of Georgia overruled Ocean Acc. & Guar. Corp. v. Farr, 180 Ga. 266 (178 SE...
Supreme Court of Georgia Jettisons 85-Year-Old Decision Regarding “Off-the-Clock” Injuries Supreme Court of Georgia Jettisons 85-Year-Old Decision Regarding “Off-the-Clock” InjuriesAs many of you know, as co-author of Larson’s Workers’ Compensation Law, I read — or truth be told, skim — many, many appellate decisions each year. Recently, because of...
Opinion Mondays: Anachronistic Longings — the Co-Worker Lunch Opinion Mondays: Anachronistic Longings — the Co-Worker LunchA New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that a claimant/employee did not sustain injuries arising out of and in the course of his...
New York's "Gray Area" Rule Does Not Aid Claimant Struck by Car Near Workplace New York's "Gray Area" Rule Does Not Aid Claimant Struck by Car Near WorkplaceAffirming a decision of the state’s Commonwealth Court, the Supreme Court of Pennsylvania recently held that an airline employee who was injured while riding an airport shuttle bus to an...
PA Supreme Court Refuses Narrow Definition of Employer’s “Premises” in Parking Lot Case PA Supreme Court Refuses Narrow Definition of Employer’s “Premises” in Parking Lot CaseIllustrating the narrow rule that Arkansas utilizes to determine if an injury arises out of and in the course of the employment, a state appellate court recently affirmed the denial...
On-Premises Slip and Fall Not Compensable for Arkansas Worker On-Premises Slip and Fall Not Compensable for Arkansas WorkerThe 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 FallsWhere 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” RuleThe manager of a Tennessee mattress store, who alleged that she sustained a psychological injury (“PTSD”) when she pursued two persons into the employer’s store parking lot after they had...
Tennessee Mattress Store Manager Prevails in PTSD Claim After Encounter with Purse Snatching Customers Tennessee Mattress Store Manager Prevails in PTSD Claim After Encounter with Purse Snatching CustomersIn 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” Break