Top CA Case of Week: Sprinkles v. Associated Indemnity Corporation

By Donielle Colich , Associate, Barger & Wolen, LLP The California Court of Appeal recently held that an insurer properly denied coverage and had no duty to defend its insured where the policy unambiguously excluded coverage for claims arising from the operation of a motor vehicle by an insured...

Five Recent Cases You Should Know About (12/3/2010)

Larson's Spotlight on Scope of Employment, Dependent Death Benefits, Assault, Exclusivity, Odd-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 Law , has compiled the list below. ...

MO: “Special Errand” Costs Employer in Cross-Over Accident

An employee acts in the course of her employment during an accident when she commutes on a regular route on a regular work day under a "special errand" exception to the going and coming rule. Defendant drove across a slick road in Cass County and struck the plaintiff, resulting in a 1.4...

Five Recent Workers’ Comp Cases You Should Know About (12/2/2011) – Employee Assaulted by Company CFO at Office Party May Not Recover Tort Damages From Employer

Larson's Spotlight on Assault, Franchisor as Contractor, Average Weekly Wage, Death Benefits, and Insurance Coverage. 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...

Missouri: Golf Ball Ends Sheriff’s Career

While playing golf at a charity event, a stray golf ball struck claimant in the forehead. His employer terminated him about 6 months later. Claimant states he was disabled due to problems with tinnitus, poor balance, memory loss, severe and frequent headaches, insomnia, mood swings and depression. The...

A Roll In the Hay: Delaware’s Horseplay Defense and Australia’s Sex Romp Case Revisited

My post of 4/23/12, "Kangaroo Court: How Would Delaware Handle the Australian Hotel Sex Romp Case?" prompted a rare follow-up comment from Chief Hearing Officer Chris Baum that I cannot get out of my head. Thus, I am back again with the case in Australia....and not because I obsessed with sex...

A Roll In the Hay: Delaware’s Horseplay Defense and Australia’s Sex Romp Case Revisited

My post of 4/23/12, "Kangaroo Court: How Would Delaware Handle the Australian Hotel Sex Romp Case?" prompted a rare follow-up comment from Chief Hearing Officer Chris Baum that I cannot get out of my head. Thus, I am back again with the case in Australia....and not because I obsessed with sex...

Paintballing, Wrestling and a Head-Banging Good Time: Another Commentary on Horseplay in Delaware

We had so much fun talking about that Australian Hotel Sex Romp case and as such, this post will continue to let the good times roll. The happenings in Australia have been impactful on the local front as they have promoted discussion of our own laws on course and scope and the available defense to injuries...

Paintballing, Wrestling and a Head-Banging Good Time: Another Commentary on Horseplay in Delaware

We had so much fun talking about that Australian Hotel Sex Romp case and as such, this post will continue to let the good times roll. The happenings in Australia have been impactful on the local front as they have promoted discussion of our own laws on course and scope and the available defense to injuries...

Even terminations over “genitalia sandwiches” can generate lawsuits

The court properly granted summary judgment because reasonable minds could only conclude that appellant's actions in photographing an inmate placing his penis on a sandwich and then feeding the sandwich to another inmate were manifestly outside the scope of employment. I can promise you read that...

"Blunder Down Under" – An Interview With Cassandra Roberts On the Australian Rough Sex In A Hotel Workers’ Compensation Claim

Cassandra Roberts of Young, Conaway, Stargatt & Taylor LLP discusses an Australian workers' comp case involving injury to a government worker attending a conference (referred to the Australian rough sex case), the view of course and scope in Australia and the subsequent blog posts she wrote about...

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...

WA: Traveling Employee Rule Doesn’t Save Drunken Employee’s Dune Buggy Claim

A claims adjuster who had been assigned remote duties in connection with the devastation to Galveston Island caused by Hurricane Ike and who drank one evening to the point of intoxication did not remain within the scope of employment under the traveling employee doctrine, held a Washington appellate...

Pennsylvania: Worker’s Injuries Sustained Just After Quitting Are Nonetheless Compensable

A worker who within a few minutes of quitting his job as a driver technician sustained injuries in a fall on his “former” employer’s premises, is entitled to workers’ compensation benefits according to a Pennsylvania appellate court. The worker, who had been on call all weekend...