Workers' Compensation

Recent Posts

Nebraska: No Death Benefits For Deputy Killed in Vehicular Accident While Discussing Police Business
Posted on 11 Apr 2019 by Thomas A. Robinson

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... Read More

WCAB Bars Applicant’s Psychiatric Injury Caused by Disciplinary Action: Cal. Comp. Cases January Advanced Postings (1/13/2016)
Posted on 15 Jan 2016 by California Compensation Cases Staff

Here’s another batch of advanced postings for the January 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights... Read More

New York: Out-of-Town Police Officer Awarded Benefits for PTSD in Connection With World Trade Center Attack
Posted on 23 Jan 2015 by Larson's Spotlight

A law enforcement officer from the City of Hornell (N.Y.) Police Department, who was sent to New York City for a six-day period following the terrorist attack at the World Trade Center on September 11, 2001, and who was engaged there in “perimeter... Read More

Employer Lacked Sufficient Notice of Alleged Industrial Injury to Trigger Duty to Provide Claim Form, Notice of Benefits: Cal. Comp. Cases August Advanced Postings (8/17/2016)
Posted on 17 Aug 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the August 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights... Read More

Off-Duty Police Officer Injured in Capacity as Officer: Cal. Comp. Cases July Advanced Postings (7/17/2013)
Posted on 17 Jul 2013 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the July 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights... Read More

Washington: Tasered Trooper’s Tort Action Against State Patrol Not Barred By Exclusive Remedy Rule
Posted on 2 May 2014 by Larson's Spotlight

A Washington state appellate court held that the state’s exclusive remedy rule did not bar a trooper’s tort action alleging deliberate intentional infliction of “certain injury” sustained when he was “shot” with a Taser... Read More

Applicant’s Perception of Job Stress Supported Compensable Industrial Injury in Form of Stroke: Cal. Comp. Cases July Advanced Postings (7/14/2015)
Posted on 15 Jul 2015 by Robin E. Kobayashi

Here are the third and fourth batches of advanced postings for July 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All... Read More

California: Delay in Payment of Disability Retirement Advances: Is it Subject to an LC 5814 Penalty?
Posted on 3 Mar 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Gage v. County of Sacramento , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, reversing the WCJ in a split panel opinion, held that the defendant’s delay in the payment of disability retirement advances to the applicant deputy sheriff who suffered... Read More

Delaware: Police Officer’s Cardiac Symptoms Caused By Preexisting Condition—Not Burglary Investigation
Posted on 12 Jul 2013 by Larson's Spotlight

The Supreme Court of Delaware recently affirmed a Superior Court order that in turn affirmed an Industrial Accident Board decision denying a police officer’s petition for compensation arising from an alleged work-related injury. The IAB and Superior... Read More

California: Off-Duty Recreational Activity: The Fine Line Between Work- and Non-Work-Related
Posted on 8 Jun 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

The facts in these types of cases typically dictate the result In Simon v. City of Vacaville , 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split WCAB panel rescinded the WCJ’s decision and held that the applicant police officer did not sustain a compensable... Read More

Kansas: Firefighter’s Rule Barring Most Suits Against Third Party Extended to Police Officers
Posted on 20 Apr 2017 by Thomas A. Robinson

In a deeply divided decision, the Supreme Court of Kansas extended the firefighter’s rule to law enforcement officers. The rule, which is applied in more than half the states [see Larson’s Workers’ Compensation Law , § 110.08],... Read More

Florida: Going and Coming Rule Does Not Bar Deputy Sheriff’s Claim Related to Vehicle Accident
Posted on 3 Jul 2014 by Larson's Spotlight

A Florida Deputy Sheriff, who came upon a tractor-trailer parked in the right-of-way and jutting into his lane, decided to take steps to protect other motorists from the hazard, but ran into the tractor-trailer before he could do so, his injuries were... Read More

Larson’s Spotlight on Recent Cases: Contribution/Indemnity Defense in Third Party Suit When Employer Hires Illegal Alien
Posted on 5 Oct 2012 by Larson's Spotlight

Larson's Spotlight on Contribution, Firefighter's Rule, Safety Device, and Credit. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law... Read More

Washington: Trooper May Proceed in Tort Against Employer for Taser Injury
Posted on 4 Dec 2015 by Larson's Spotlight

Acknowledging that in light of a decision by the Washington Supreme Court, it had erred in holding that the deliberate intention exception to workers’ compensation exclusivity was to be “liberally interpreted,” a state appellate court... Read More

Ohio: Police Officer’s Fatal Injuries Preparing for Union-Sponsored Steak Fry Found Compensable
Posted on 13 Nov 2015 by Larson's Spotlight

The widow of a police officer who sustained fatal injuries when the officer was struck by a car as he and a volunteer were engaged in setting up and running a union-sponsored steak fry was entitled to death benefits under Ohio’s Workers’ Compensation... Read More