Workers' Compensation

Recent Posts

Defense Attorney Not on Special Mission When Injured: Cal. Comp. Cases March Advanced Postings (2/28/2013)
Posted on 28 Feb 2013 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the March 2013 issue of Cal. Comp. Cases. subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Tara... Read More

Special Mission Exception to Going and Coming Rule Rejected in Claim for Car Accident on Way to Work: Cal. Comp. Cases September Advanced Postings (9/6/2012)
Posted on 6 Sep 2012 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the September 2012 issue of Cal. Comp. Cases. subscribers can link to the case to read the complete headnote and summary. © Copyright 2012 LexisNexis. All rights reserved. Robert... Read More

MO: “Special Errand” Costs Employer in Cross-Over Accident
Posted on 16 Nov 2011 by Martin Klug

An employee acts in the course of her employment during an accident when she commutes on a regular route on a regular work day under a "special errand" exception to the going and coming rule. Defendant drove across a slick road in Cass County... Read More

Has the Going and Coming Rule Become Outdated?
Posted on 10 Oct 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

A well-known personal injury attorney once said, “If I have to explain away more than three concerns in my own mind when deciding to take a case, then it is probably not a case I want to take”. Another way of saying this would be, when there... Read More

The Company Outing: Course of Employment Issues
Posted on 18 May 2012 by Robin E. Kobayashi

Summer is right around the corner, and with it comes annual company picnics, baseball games, parties and the like. These types of events raise a host of workers’ comp issues for employers. For example, last week my manager took our entire team... Read More

Have Crockpot, Will Travel: A Delaware Decision on Course & Scope
Posted on 1 May 2012 by Cassandra Roberts

As many of you now know, I had a fall of sorts at work a month ago and a recent MRI now shows fractures of the cuboid and the calcaneous. So no stilettos for me. And I have a work comp prescription card. Vicodin on someone else's dime. Pretty darn... Read More

Kentucky: Fall on Snow-covered Sidewalk Outside Employer’s Premises Found Compensable
Posted on 6 Sep 2013 by Larson's Spotlight

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... Read More

Kangaroo Court: How Would Delaware Handle the Australian Hotel Sex Romp Case?
Posted on 23 Apr 2012 by Cassandra Roberts

Today we are going to talk about the goings on elsewhere in the wacky world of comp. It is oddly appropriate that the week I joined the Linked In Work Comp Analysis Group, I stepped into the midst of a case that has garnered national attention. I would... Read More

California: “Required Vehicle” Exception to Going and Coming Rule May Be Utilized in 3rd Party’s Negligence Action Against Employer
Posted on 20 Sep 2013 by Larson's Spotlight

Under California’s “required vehicle” exception to the going and coming rule, injuries sustained during the commute are said to arise out of and in the course of the employment if the employer required the employee to utilize her personal... Read More