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arise out of employment
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Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: Worker's Tort Action Against Co-Worker for Horseplay Injury May Proceed to Trial
In an unusual case involving horseplay, a New York appellate court affirmed a state trial court's decision that had refused to grant summary judgment to a defendant-co-employee who had been sued by a plaintiff/co-worker following that co-worker's...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
North Carolina: Court Construes "Traveling Employee" Rule Narrowly
A North Carolina appellate court, construing the "traveling employee" rule more narrowly than in most states, affirmed a finding by the state's Industrial Commission that denied benefits to an employee who sustained injuries in a slip and...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
California: Court Affirms $2.9 Million Judgment Against Employer For Mishandling Immigration Case
In an unusual case in which a California court entered a $2.9 million judgment against a former employer who mishandled the green card application process of one of its employees, which resulted in the forced return of the employee and his family to England...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Virginia: Injury “On the Clock” is Alone Insufficient to Establish Compensable Claim
Two core concepts of the Virginia Workers’ Compensation Act: the “arising out of” requirement and the “in the course of employment” requirement are not synonymous. Both conditions must be proved in order to justify the award...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Nebraska: No Death Benefits For Deputy Killed in Vehicular Accident While Discussing Police Business
A Nebraska appellate court affirmed the denial of workers’ compensation death benefits to the family of a county deputy who sustained fatal injuries in a car crash that occurred as the deputy drove his private vehicle home some five minutes after...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Virginia: Commission Failed to Consider Risk of Assault Faced by Rest Area Attendant Attacked by Former Co-Worker
That an overnight attendant at a rest area knew his assailant—a former co-employee—and could not show that the assailant’s motives were related to the employment—the assailant committed suicide shortly after the attack—did...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Tennessee: Employer’s Failure to Use On-Site Defibrillator Does Not Mean Injury Claim is Compensable
A worker’s injury, in the form of brain damage due to oxygen deprivation following a non-work-related medical emergency, did not arise out of the employment in spite of the employer’s failure to utilize an automated external defibrillator...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Arkansas: Office Worker’s Slip and Fall Injury Before Clocking In Found Compensable
Substantial evidence supported the Commission’s finding that an office worker sustained compensable injuries when she slipped on a wet marble floor as she stepped into Arkansas’ Capitol building about fifteen minutes before her work day began...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Arkansas: Employer Fails to Show High School Basketball Injury Was Idiopathic Condition Causing 66-year-old Pharmacist to Fall
In Arkansas, in order for an employee to establish that the injury arose out of and in the course of the employment, the claimant must prove that he or she was “performing employment services” when he or she was injured. In spite of that limiting...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Ohio: Worker Barred From Recovery After Being Assaulted by Co-Worker’s Husband in Company Parking Lot
In a case with bizarre facts, a worker who alleged that he sustained injuries when he was physically assaulted by the husband of a co-worker and then intentionally struck by the husband’s vehicle as the worker tried to block the path of the assailant...
Thomas A. Robinson
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Arizona: Court Adopts Larson’s “Friction and Strain” Doctrine for Workplace Assaults
Acknowledging its earlier adoption of the “quantum theory of work connection,” described in Larson’s Workers’ Compensation Law , under which the “arising out of” and “in the course of” tests are not independent...
Thomas A. Robinson
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Louisiana: Office Worker’s Mold Exposure Does Not Qualify as Occupational Disease
A Louisiana appellate court affirmed a ruling by a workers’ compensation judge that the claimant, an office worker, had not suffered an occupational disease within the meaning of the state’s Workers’ Compensation Act related to her alleged...
Thomas A. Robinson
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Kansas: Roofer Struck by Drunk Driver at 2:20 A.M. While Walking to Hotel Cannot Recover Benefits
A Kansas roofer, who worked as part of a construction crew in Enid, Oklahoma, who stayed in a hotel there will he and others performed their roofing services and who was struck by a drunk driver as he crossed a street at 2:20 a.m. from a bar so as to...
Thomas A. Robinson
over 5 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Pennsylvania: Personal Comfort Doctrine Saves Injury Claim of Airport Employee
An airport employee, who was seriously injured when she flipped her luggage transport “tug” on the airport tarmac as she drove to a terminal area to meet her mother, whom the employee had summoned to deliver feminine hygiene products and other...
Thomas A. Robinson
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Georgia: Court Acknowledges “Quagmire” in State’s “Arising Out of Employment” Requirement
Labeling the state’s case law concerning the all-important “arising out of and in the course of employment” standard a “quagmire,” a Georgia appellate court agreed with a trial court that the Board’s Appellate Division...
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