Workers' Compensation

Recent Posts

AR: Court Rejects Employer’s Contention That Preexisting Condition Or Hydrocodone Medication Was Cause of Employee’s Falls
Posted on 8 Nov 2013 by Larson's Spotlight

Quoting the discussion in Larson’s Workers’ Compensation Law related to idiopathic falls, a divided Arkansas appellate court recently affirmed a finding by the state’s Workers’ Compensation Commission that awarded benefits to an... Read More

Arkansas: Injuries Sustained Walking to Employer’s Work Trailer Found Compensable
Posted on 13 Feb 2015 by Larson's Spotlight

An Arkansas court ruled that an ironworker sustained a compensable injury when he slipped on ice while walking from the main gate of a construction site to his employer’s work trailer prior to clocking in. The employer argued that the ironworker... Read More

Arkansas: Car-pooling With Co-Employee Does Not Bring Commute Within Course and Scope of Employment
Posted on 16 Jun 2016 by Larson's Spotlight

Substantial evidence did not support an award of workers’ compensation death benefits to an employee’s minor child where the employee was fatally injured in a car accident while carpooling home, held an Arkansas appellate court. The Court... Read More

Arkansas: Worker Fails to Rebut Presumption That Accident Was “Substantially Occasioned” by Drugs
Posted on 6 Feb 2015 by Larson's Spotlight

An Arkansas appellate court has affirmed a decision denying workers’ compensation benefits to a worker who fell as he descended a ladder on the basis that following the accident he tested positive for methamphetamine and that he failed to rebut... Read More

Arkansas: Injury Sustained Seconds After Truck Driver “Signed Out” Not Covered by Comp Act
Posted on 31 Oct 2014 by Larson's Spotlight

An Arkansas appellate court has affirmed the denial of benefits to a truck driver who injured his right ankle a few seconds after he made an entry in his log book changing his status to “off-duty” and stepped out of his truck to go to the... Read More

Arkansas: Claimant May Pursue Comp Benefits in Spite of Claim During EEOC Dispute That She Was Capable of Working
Posted on 17 Jan 2014 by Larson's Spotlight

A divided Arkansas appellate court recently held that a former employer that paid $60,000 to a former employee to settle the latter’s EEOC & ADA charges might be entitled to at least a partial credit under Ark. Code Ann. § 11-9-807 against... Read More

AR: Co-employee Immunity Applies to Erratic Driving of Golf Cart
Posted on 22 Nov 2013 by Larson's Spotlight

The majority of jurisdictions provide immunity from tort liability for co-employees whose actions are within the course and scope of the employment [see Larson’s Workers’ Compensation Law , § 111.03]. Arkansas has a somewhat more restrictive... Read More

Arkansas: Housekeeper’s Slip and Fall Found Compensable
Posted on 3 Oct 2014 by Larson's Spotlight

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... Read More

Arkansas: Cement Truck Driver Fatal Injuries Crossing Road After Short Break Found Compensable
Posted on 12 Jun 2015 by Larson's Spotlight

Arkansas has one of the most restrictive rules when it comes to judging whether an injury arises out of and in the course of the employment, requiring the injury to have occurred while “employment services” are being performed. In spite of... Read More