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Larson’s Spotlight on Recent Cases: Extended Premises Doctrine Applied to Slip and Fall Case

Larson's Spotlight on Premises Doctrine, Intentional Tort, Occupational Disease, and Covered Situs. 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 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...

Wisconsin: Maintenance Worker’s Slip and Fall on Driveway Ice Held Compensable

A Wisconsin appellate court recently affirmed a Commission decision to grant workers’ compensation coverage for injuries a worked sustained when he slipped on ice in his driveway. Quoting Larson’s Workers’ Compensation Law and agreeing with the worker that he had been injured while...

Pennsylvania: “Premises” Cannot Be Extended to Cover Slip & Fall on College Campus Walkway

A Pennsylvania appellate court recently held that the state’s Appeal Board erred when it awarded workers’ compensation benefits to a painter injured in a fall as he walked toward a train station at the end of his workday. A painting contractor employed the painter. In turn, the contractor...

Kentucky: Fall on Snow-covered Sidewalk Outside Employer’s Premises Found Compensable

The Supreme Court of Kentucky, citing one of its earlier decisions that extensively quoted Larson’s Workers’ Compensation Law regarding the going and coming rule, recently affirmed a decision by an ALJ, the Board, and the state’s Court of Appeals that a medical billing associate sustained...

Missouri: Crack In Pavement Found To Be a Work Hazard

Everyone knows stepping on a crack can break your mother’s back. Can a step on a crack get you comp benefits in Missouri? The Court of Appeals affirmed a commission award for benefits in Dorris v Stoddard County , SD 32830 (Jan. 31, 2014), 2014 MO App. Lexis 94 (lexis.com) 2014 MO App. Lexis...

Federal: Hospital Employee, Injured in Slip & Fall While Visiting Newborn Daughter, May Sue Employer in Tort

Construing Massachusetts law, a federal district court recently denied an employer’s motion for summary judgment in a negligence action filed against the employer—a medical center—by an employee who slipped and fell on a wet floor in the medical center’s Neonatal Intensive Care...

Oklahoma: Slip and Fall Outside Premises Door Still Compensable in Spite of Personal Errand

An employee's purpose in leaving work is relevant in deciding whether going and coming injuries arise out of employment; it is not, however, dispositive. The Supreme Court of Oklahoma accordingly reversed a decision of the state’s Court of Civil Appeals that had vacated an award of benefits...

Illinois: Courthouse Employee’s Fall Near Courthouse Door Found Compensable

Reversing the denial of benefits to a county courthouse employee, who caught her two-inch heel in a crack in the sidewalk just outside the courthouse door as she returned from a work-related meeting in a nearby building, an Illinois appellate court found that the employee faced a special risk or hazard—the...

Iowa: No Claim for Bad-Faith Denial Could Be Maintained Where Insurer Had Reasonable Basis for Initial Denial

Acknowledging that Iowa law recognized a common-law cause of action against an insurer for bad-faith denial or delay of insurance benefits, and the tort has been extended to include workers' compensation cases, an Iowa appellate court nevertheless affirmed summary judgment in favor of an insurer...

Arkansas: Housekeeper’s Slip and Fall Found Compensable

A hotel housekeeper, who sustained injuries when she slipped on water on a stairway as she carried food she had found in one of the hotel rooms to a refrigerator in the laundry room, may recover workers’ compensation benefits, held an Arkansas court. The state’s rather restrictive statutory...

Missouri: Parking Lot Injury Covered In Spite of Fact That Employer Did Not Own It

A Missouri appellate court affirmed an award of workers’ compensation benefits to an employee who sustained a severe knee injury when he slipped and fell on ice and snow in a parking lot near his employer’s premises. Acknowledging that the employer did not own the parking lot, the court nevertheless...

Virginia: Unusual Height of Platform Means “Step-Down” Injury Is Compensable

In a decision that has not been designated for publication, the Court of Appeals of Virginia affirmed an award of workers’ compensation benefits to a worker who injured his right knee, back, and right hip when he allegedly slipped while stepping down from a platform about fifteen and one-half inches...

New Jersey: Slip and Fall in Elevator Lobby of Multi-Tenant Office Building is Not Compensable

In an unpublished opinion, a New Jersey appellate court held that an employee who slipped and fell in front of a ground floor elevator in a multi-tenant office building while on her way to her upper-floor office did not suffer a compensable injury under the states Workers’ Compensation Act; her...