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Quoting liberally from Larson’s Workers’ Compensation Law , an Arizona appellate court affirmed a decision by the state’s Industrial Commission that found an employee’s injuries did not arise out of and occur within the course...

A Missouri appellate court affirmed a decision by the state’s Labor and industrial Relations Commission that held a worker’s death from a heat stroke was a compensable accident, thus barring a tort action filed by the worker’s nondependent...

Stressing that “idiopathic” and “unexplained” were not synonymous, an Arkansas appellate court agreed with an ALJ’s decision denying workers’ compensation benefits to a worker who, after experiencing severe gastrointestinal...

A divided Supreme Court of Iowa recently held that all work-related risk factors must be considered in determining the compensability of an idiopathic fall—even the hardness of the floor. Accordingly, it was error for the Commissioner and a lower...

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...

Citing Larson’s Workers’ Compensation Law , the Supreme Court of Nebraska acknowledged that a vast majority of courts nationally had adopted the so-called, increased-risk rule, under which the effects of an idiopathic-caused fall are compensable...

The Commission in a 2-1 opinion affirmed an award of disability of more than $82,000 for a worker who fell because of a sleep disorder caused by working long shifts. Riggins v My Camp , 2015 MO WCLR Lexis 47 (May 14, 2015) An injured worker must show...

Where an employee sustained a broken hip in a fall at work, with no clear reason for the fall, but where the employee’s medical record indicated that she suffered from various medical conditions, including diabetes mellitus type II, thyroid disease...

While a claimant certainly has the burden of proving compensability by a preponderance of the evidence, an injury that is unexplained and occurs in the course of employment is presumed, as a matter of law, to arise out of the employment. Accordingly,...

The Supreme Court of Arkansas affirmed a finding by the state’s Commission that a grocery store worker had not shown that her brain injury arose out of and in the course of her employment where the worker claimed she sustained an unexplained, compensable...

An Ohio nurse, who sustained injuries in a bizarre auto accident as she traveled to the residence of one of her clients, did not sustain an accidental injury arising out of her employment where she indicated she had stopped at a stop light and the next...

A Virginia appellate court affirmed the denial of a workers’ compensation claim filed by an employee, who spent 75 percent of her working time driving in a car provided for her by her employer, and who sustained injuries in a single-car rollover...

Stressing the crucial difference between an “unexplained” fall and an “idiopathic” fall, a North Carolina appellate court affirmed the denial of benefits to a municipal worker who suffered injuries when he fainted and collapsed...

Quoting Larson’s Workers’ Compensation Law , § 3.03 and relying upon its earlier decision in Appeal of Margeson , 162 N.H. 273, 27 A.3d 663 (2011), the Supreme Court of New Hampshire reversed the state’s Compensation Appeals Board...

Larson’s Spotlight on Marijuana, Retaliatory Discharge, Coughing, Intoxication Defense, and Accidental Injury. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s...