Larson’s Spotlight on Recent Cases: Employer’s OSHA Violation Falls Short as Substantial Evidence of Intentional Wrong in Tort Action

Larson's Spotlight on OSHA Violation and Intentional Wrong, Offset of Wage Loss Benefits, Injury During Work Break, and Slip and Fall in Company Lot. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...

Larson’s Spotlight on Recent Cases: Restaurant Waiter’s Choking on Quesadilla Was Not Actual Risk of Employment

Larson's Spotlight on Risk of Employment, PTSD claim, Intoxication Presumption and Marijuana, and Tort Action Against Employer. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has...

California: Causation of Injury v. Causation of Disability

Lexis.com subscribers can link to the cases cited below . The issue of causation has been a central theme in many recent cases. However, given that there are two types of legal causation in the world of workers’ compensation, it’s easy for people to get confused. 1. Causation of Injury...

Larson’s Spotlight on Recent Cases: Worker Awarded Additional Benefits When Retirement Not Voluntary

Larson's Spotlight on Retirement, Tort Action Against Carrier, Toxic Tort and Exclusive Remedy, and Snake Bite. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list...

Larson’s Spotlight on Recent Cases: Estate Administrator May Not Sue Employer Over Employment-Related Fatal Shooting

Larson's Spotlight on Exclusive Remedy, Notice of Injury, Claimant's Testimony, and Death Benefits. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

No Basis for Apportionment When VR Expert’s Opinion Unrebutted: Cal. Comp. Cases August Advanced Postings (8/22/2012)

Here’s the fourth batch of advanced postings for the August 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Giroux Glass Inc., Indemnity Insurance Company of North...

Missouri: Wrongful Death Suit Allowed for Teen Killed on Job

An 18-year old girl was working as a cashier for Dollar General in Campbell, Missouri when her boyfriend entered the store with a rifle, he fatally shot her and then killed himself. The employer claimed her accident arose out of her employment because she was assaulted on the job and the girl’s...

Larson’s Spotlight on Recent Cases: The Great Recession Catch 22 for Laid Off Worker With No Average Weekly Wage

Larson's Spotlight on Average Weekly Wage, Marijuana Presumption, Slip and Fall, and Paid Break. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. ...

Larson’s Spotlight on Recent Cases: Injury From Riding Escalator Rail

Larson's Spotlight on Traveling Employee, Special Employer, Intentional Tort, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

Larson’s Spotlight on Recent Cases: Mental Injury Claim for Witnessing Suicide

Larson's Spotlight on Mental Injury, Odd-Lot Theory, Unwitnessed Death, and Negligent Infliction of Emotional Distress. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

Larson’s Spotlight on Recent Cases: Mental Injury Claim for Witnessing Suicide

Larson's Spotlight on Mental Injury, Odd-Lot Theory, Unwitnessed Death, and Negligent Infliction of Emotional Distress. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

In Search of a Dirt Devil: Delaware IAB Rejects Course & Scope Defenses

Today's post is a salute to my lack of ego. Yep, I am going to break my own rule and post about one of my cases....and take it a step further and tell y'all about a case I recently lost to Matt Bartkowski of Kimmel, Carter, Roman & Peltz. I so wanted to just file this one away in my drawer...

In Search of a Dirt Devil: Delaware IAB Rejects Course & Scope Defenses

Today's post is a salute to my lack of ego. Yep, I am going to break my own rule and post about one of my cases....and take it a step further and tell y'all about a case I recently lost to Matt Bartkowski of Kimmel, Carter, Roman & Peltz. I so wanted to just file this one away in my drawer...

Larson’s Spotlight on Recent Cases: No Benefits for Salmonella Poisoning From Catered Lunch

Larson's Spotlight on Course and Scope, Exclusive Remedy, and Causal Connection. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. OH: No Benefits...

Larson’s Spotlight on Recent Cases: Claimant Cannot “Swap Horses Between Courts”

Larson's Spotlight on AOE/COE, Idiopathic Fall, Unwitnessed Death, and Intentional Tort. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. LexisNexis...

Larson’s Spotlight on Slip and Fall Cases

Here's a recap of the top cases involving slip and fall this past year. Thomas A. Robinson has the week off. His Larson's Spotlight blog will return next week. LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com. LA: Claim...

WV: “Good Samaritan” Employee Denied Recovery for Injury Helping Co-Worker

The Supreme Court of Appeals of West Virginia recently affirmed a decision by the state’s Board of Review that had denied workers’ compensation benefits to a secretary who hurt her wrist and shoulder while helping a contract employee of the employer lift a box of maternity clothes that had...

Minnesota Supreme Court Explicitly Adopts "Increased Risk Test" as Basis for Determining Compensable Work Injuries

On December 26, 2013, the Minnesota Supreme Court in Dykhoff v. Xcel Energy , 2013 Minn. LEXIS 777 (lexis.com) 2013 Minn. LEXIS 777 (Lexis Advance) (Dec. 26, 2013), adopted the “increased risk test” for determining compensable work injuries. According to the Court, an injured worker must...

Missouri: Auto Accident Renders Traveling Nurse Totally Disabled

In a case with more than a ½ million in unpaid benefits, the issue boiled down to a simple dispute of where the injured worker was going in her car. Claimant contends she was going back to the office to send an urgent fax about a hospice patient when she was struck by a car in Seymour, Missouri...

Wyoming: Jury Determination That Driver Was Within Course of Employment Not Binding on Administrative Hearings Office

Quoting Larson’s Workers’ Compensation Law and observing that the test of liability in the workers' compensation setting is not the relation of an individual's fault or negligence to an event, as it is within the tort arena, but rather the relationship of an event to the employment...

Missouri: Temporary Benefits Awarded To Commuting Supervisor

An employer must provide benefits in a temporary award to a supervisor injured while driving to his office in a company-owned vehicle, according to the Commission in Jansen v Jackson County , 2014 Mo. WCLR Lexis 55 (lexis.com), 2014 Mo. WCLR Lexis 55 (Lexis Advance) (April 16, 2014), reversing a denial...

Missouri: Salesman Collects Comp for Accident After He Was Fired

A 48-year old car salesman who fell on the employer's lot after he was fired can collect comp benefits in Missouri because his injury occurred within a reasonable time after his termination. The Commission recently awarded nearly $400,000. Hartman v DJSCMS/Suntrip Kia , 2014 MO WCLR Lexis 85 (lexis...

New York: Injured Employee’s Action to Recover Uninsured/Underinsured Motorist Benefits Against Employer’s Liability Carrier Barred

Where an employee sustained injuries in a motor vehicle accident while in the course of her employment, but could not proceed in tort against the responsible driver, a co-employee, because of the exclusive remedy provisions of the New York Workers’ Compensation Law, she likewise could not recover...

Ohio: Dual Purpose (Marks v. Gray) Rule Again Rejected

A divided Supreme Court of Ohio has again refused to follow the so-called “dual purpose” rule established in an early New York decision [ In re Marks v. Gray , 251 N.Y. 90, 167 N.E. 181 (1929); see Larson’s Workers’ Compensation Law , § 16.02]. The rule, which generally holds...

Virginia: Worker Fails to Prove Mysterious Fall Was Caused by Employment Conditions

A Virginia employee could not recover workers’ compensation benefits for injuries she sustained when she fell backwards while sitting on a brick wall where she had been resting, held a state appellate court; she had failed to prove that the injury arose out of her employment. Testimony that the...