LexisNexis® Legal Newsroom
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...

Missouri: No Comp Benefits For a Prosecutor's Ordinary Stress

A state prosecutor worked for nine years at Jackson County and claims working too hard made him depressed, impaired his ability to concentrate and rendered him unemployable. Kersten v Jackson County , 2015 Mo WCLR Lexis 19 (lexis.com), 2015 Mo WCLR Lexis 19 (Lexis Advance) (March 5, 2015). Jackson County...

Opinion of Treating Physician Found More Persuasive Than QME’s: Cal. Comp. Cases April Advanced Postings (4/8/2015)

Here’s the third batch of advanced postings for April 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Tina Solano, Petitioner v. Workers'...

Presumption of Employment Applied to Hairdresser: Cal. Comp. Cases May Advanced Postings (4/22/2015)

Here’s the first batch of advanced postings for the May 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Chelo's Hair Fashion, Petitioner...

Defendant Improperly Terminated Home Health Care Provided Since 2007: Cal. Comp. Cases May Advanced Postings (5/6/2015)

Here’s the third batch of advanced postings for May 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Lions Raisins, aka Lions Raisins Packing...

Federal: Employee Terrorized in “Active Shooter Drill” May Sue Employer in Tort

Allegations by a nursing home employee that her employer secretly arranged an “active shooter drill” in which an on-duty Carbondale, CO police officer posed as a “gunman,” that the officer burst into the work area and held the plaintiff-employee hostage at gunpoint as she cried...

Termination Due to Fiscal Reasons as Insufficient Basis to Deny LC 4850 Benefits: Cal. Comp. Cases May Advanced Postings (5/13/2015)

Here’s the fourth batch of advanced postings for May 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes. © Copyright 2015 LexisNexis. All rights reserved. City of Bell, PSI, administered by Adminsure, Petitioner...

Failure to List Applicant as Employee and to Report Payroll Did Not Defeat Insurance Coverage: Cal. Comp. Cases June Advanced Postings (6/3/2015)

Here’s the second batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Florists Mutual Insurance Company...

No Evidence That Insurer Issued Written Notice of Reinstatement or Issued New Policy After Cancellation: Cal. Comp. Cases June Advanced Postings (6/18/2015)

Here’s the fourth batch of advanced postings for June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. 2K Fabrications, Inc., Petitioner v. Workers'...

Utilization Review Untimely When Defendant Didn’t Subject Treating Physician’s Requests for Authorization to UR: Cal. Comp. Cases July Advanced Postings (6/26/2015)

Here’s the first batch of advanced postings for July 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Deluxe Laboratories, ESIS, Inc., Petitioners...

No Due Process Violation in Deferring Third-Party Credit Issue Until After Case-in-Chief Resolved: Cal. Comp. Cases July Advanced Postings (7/22/2015)

Here’s the fifth batch of advanced postings for July 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Ace American Insurance Company (administered...

California: Exceptions to the Going and Coming Rule

The “going and coming” rule is a deceptively simple one. There is no reference to the “going and coming” rule concept in the Labor Code. However, the rule has developed over time by case law, essentially holding that the employer is not liable for injuries which occur during an...

When Specific Injury and Cumulative Injury Cases Consolidated, All Evidence in Both Cases Properly Admitted: Cal. Comp. Cases August Advanced Postings (8/19/2015)

Here’s the latest batch of advanced postings for August 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Cahill Contractors, Arch Insurance...

Utilization Review Addresses Medical Necessity, Not Manner of Payment: Cal. Comp. Cases September Advanced Postings (8/26/2015)

Here’s the latest batch of advanced postings for the September 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Murphy v. WCAB , lexis.com ,...