Workers' Compensation

Recent Posts

Oregon: Eye Injury from Exploding Energy Drink is Compensable
Posted on 30 Aug 2021 by Thomas A. Robinson

Liberally citing Larson’s Workers’ Compensation Law , § 4.01, et seq., an Oregon appellate court found substantial evidence supported a finding by the state’s Workers’ Compensation Board that awarded benefits to an employee... Read More

Arkansas: Injuries Sustained in Leap From Burning Building Were Not Compensable
Posted on 3 Aug 2021 by Thomas A. Robinson

In Arkansas, injuries sustained by an employee at a time when employment services are not being performed are generally not compensable [see Ark. Code Ann. § 11-9-102(4)(B)(iii) (Supp. 2019)]. Construing that rule, a state appellate court affirmed... Read More

Arizona: Employee’s Fall Due to Idiopathic Condition is Not Compensable
Posted on 22 May 2021 by Thomas A. Robinson

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... Read More

Illinois: Minor Deviation Results in No Recovery for Trip and Fall Injuries
Posted on 22 May 2021 by Thomas A. Robinson

Where a university employee tripped and fell as she tried to step over a chain barrier outside the university’s personnel department, where she had intended to turn in her semi-weekly timecard, her injury claim was not compensable, held an Illinois... Read More

West Virginia: Nurse’s Fall on Level, Unobstructed Floor Found to be Compensable
Posted on 22 May 2021 by Thomas A. Robinson

A hospital nurse’s unexplained fall while walking to lunch in a level, unobstructed hospital tunnel was compensable, held the Supreme Court of Appeals of West Virginia in a memorandum decision. The Court’s decision follows that of the majority... Read More

Arkansas: No Recovery From Fainting Incident Due to Idiopathic Condition
Posted on 7 Mar 2021 by Thomas A. Robinson

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... Read More

Virginia: Plumber's Injuries in Step from Work Van Not Compensable
Posted on 8 Feb 2021 by Thomas A. Robinson

An experienced plumber, who sustained a knee injury when he stepped from the rear door of his service van did not sustain an injury arising out of and in the course of the employment, held a Virginia appellate court. Applying the state's "actual... Read More

Texas: Exclusive Remedy Defense Bars Worker's Suit Against Employer for Dog Bite at Work
Posted on 26 Dec 2020 by Thomas A. Robinson

A Texas appellate court affirmed a trial court's decision granting summary judgment to an employer in a tort suit filed against it by a plaintiff-employee who alleged a co-employee brought a dog to work and the dog bit the plaintiff during the workday... Read More

New York: Board Errs in Utilizing "Novel" Standard for Employees Working From Home
Posted on 21 Nov 2020 by Thomas A. Robinson

The New York appellate court held the state's Board erred when it employed a "novel" standard for work-connectedness in determining the compensability of a claim filed by a claims examiner who worked from home. The employee contended he... Read More

United States: Law Firm's Security Officer Could Not Sue Firm in Tort for Alleged "Pain and Suffering" Injuries
Posted on 27 Jun 2020 by Thomas A. Robinson

A former law firm security officer may not maintain a civil action against his former employer for alleged Title VII discrimination, wrongful termination, and “pain and suffering” injuries allegedly suffered by the plaintiff following an altercation... Read More

North Carolina: Court Construes "Traveling Employee" Rule Narrowly
Posted on 17 May 2020 by Thomas A. Robinson

A North Carolina appellate court, construing the "traveling employee" rule more narrowly than in most states, affirmed a finding by the state's Industrial Commission that denied benefits to an employee who sustained injuries in a slip and... Read More

Virginia: Injury “On the Clock” is Alone Insufficient to Establish Compensable Claim
Posted on 19 Dec 2019 by Thomas A. Robinson

Two core concepts of the Virginia Workers’ Compensation Act: the “arising out of” requirement and the “in the course of employment” requirement are not synonymous. Both conditions must be proved in order to justify the award... Read More

Mississippi: Unwitnessed Death Found to Have Been Compensable
Posted on 19 Oct 2019 by Thomas A. Robinson

Observing that in Mississippi (as in a number of other states), where a worker is found dead at a place in which her duties required her to be during normal working hours, there is a presumption that the death arose out of and in the course of the employment... Read More

Massachusetts: Business Owner’s Fatal Auto Accident Did not Arise Out of Employment
Posted on 31 Aug 2019 by Thomas A. Robinson

An appellate court in Massachusetts affirmed a determination by the Massachusetts Industrial Accident Reviewing Board that denied death benefits to the family of a business owner who sustained fatal injuries in an automobile accident as he traveled to... Read More

Oregon: Traveling Employee’s Death Caused by Metastatic Lung Cancer, Not any Work-Related Injury
Posted on 8 Mar 2019 by Thomas A. Robinson

An Oregon appellate court recently affirmed the denial of death benefits to a surviving spouse whose husband died seven days after sustaining a fracture in his left femur while walking through a hotel lobby during a business trip. The claimant contended... Read More