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Thomas A. Robinson
7 months ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Oregon: “Annex Parking Area” Considered Part of Employer’s Premises for Purposes of Going and Coming Rule
Where an employer determined that there was inadequate parking for its employees immediately adjacent to its offices and arranged through its landlord to secure additional parking spaces in a nearby parking lot, and encouraged its employees to utilize...
Thomas A. Robinson
over 1 year ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: Worker Recovers Benefits Under Special "Gray Area" Rule
Construing New York’s so-called “gray area” rule, which allows recovery of workers’ compensation benefits under circumstances that might otherwise be barred by the going and coming rule, a state appellate court affirmed a determination...
Thomas A. Robinson
over 1 year ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Ohio: Home Health Aide’s Slip and Fall Outside Client’s Residence is Not Compensable
A home health care aide, who sustained injuries when she slipped and fell on wet grass outside her client’s residence, did not sustain an accidental injury arising out of and in the course of her employment, held a state appellate court. Noting...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: Retail Worker Who Slipped on Wet Surface Near Entrance to Shopping Mall was Denied Benefits
Construing New York's "gray area" rule, which holds that where the risks of street travel merge with the risks attendant with employment, the mere fact that the accident took place on a public road or sidewalk will not ipso facto negate...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Georgia: Divided High Court Says Injury During Unpaid Lunch Break Was Compensable
Reversing the state's Court of Appeals, which had affirmed the denial of workers' compensation benefits to an office worker who slipped and fell as she was exited the employer's break room where she had just microwaved her lunch, a divided...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Pennsylvania: High Court Continues Broad Definition of Employer’s “Premises”
The Supreme Court of Pennsylvania continued to define an employer’s “premises” broadly, indicating the term must be understood to include any area that is integral to an employer’s business operations, including reasonable means...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Arkansas: Worker Injured While Retrieving Lunch is Denied Benefits
Employing the restrictive rule in Arkansas, which excludes workers’ compensation benefits for injuries “inflicted upon the employee at a time when employment services were not being performed” [see Ark. Code Ann. § 11-9-102(4)(B...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Texas: Gratuitous Provision of Company Vehicle Insufficient to Bring Commute Within Employment
Where an employer gratuitously provided a company vehicle to an employee to aid in his daily travel from his residence to a large tract of fenced ranch land containing a gas lease where the employee worked, it did not automatically bring the travel within...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Georgia: Estate of Employee Shot and Killed in Abortive Robbery in Parking Lot May Sue Employer
A Georgia trial court erred when it granted summary judgment in favor of an employer in a civil action filed against it (and others) following the fatal shooting of an employee in a parking lot adjacent to the employer’s grocery store, when the...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Utah: Worker Awarded Benefits for Unexplained Fall in Parking Lot
Quoting Larson's Workers' Compensation Law , both on the general issue of causation (§ 46.03) and also regarding the doctrine of unexplained falls (§ 7.04), the Supreme Court of Utah affirmed an award of benefits to a worker who sustained...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Texas: Company-Supplied Vehicle Insufficient to Bring Worker’s Fatal Accident Within Employment
The fact that an employer provides an employee with a company-owned vehicle is not sufficient, absent additional factors, to bring the employee's travel within the course and scope of the employment, held a Texas appellate court. That the deceased...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
District of Columbia: Split-Shift Transit Manager’s Injuries Sustained During Unpaid Break Are Compensable
Injuries sustained by a transit authority manager when she tripped and fell on a transit authority escalator near an employee-only break room, during a two-hour unpaid break between her two scheduled shifts, arose out of the employment, held the District...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Texas: Worker’s Tort Action for Fall in Parking Lot Not Barred by Exclusive Remedy Defense
Under the Texas “access doctrine”—an exception to the going and coming rule—where the employer has evidenced an intention that the employee utilize a particular access route or area in going to and from work, and where that access...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Ohio: Worker Fails to Show “Zone of Employment” Should Be Extended to Nearby Public Parking Lot
Acknowledging that Ohio employs exceptions to the usual “going and coming rule,” including the “zone of employment” exception, in which the employer’s premises is deemed to include areas where the employer has control of...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Georgia: Injury Sustained On Premises During Scheduled Lunch Break Not Compensable
Where a Georgia employee was injured in the break room in the process of taking her lunch outside during a scheduled lunch break, the state’s Board of Workers' Compensation did not err by applying the scheduled lunch break exception and by ruling...
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