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...