Workers' Compensation

Recent Posts

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

New York: Deviation to Get Beer/See Girlfriend Sink Farm Worker’s Claim
Posted on 28 Nov 2018 by Thomas A. Robinson

Where a New York farm worker took a short break to get a beer and see his girlfriend, who was moving her belongings into the worker’s employer-provided residence located across the road from the employer’s farm, that deviation was sufficient... Read More

New Mexico: Unexplained Fall in Level, Unobstructed Hallway is Presumed to be Compensable
Posted on 8 Nov 2018 by Thomas A. Robinson

Reversing a decision by a state Workers’ Compensation Judge (WCJ) that had ruled an employee’s injury, in the form of a fractured humerus, was not compensable because it did not arise out of and in the course of the employment, the Supreme... Read More

Arkansas: Employer Fails to Show High School Basketball Injury Was Idiopathic Condition Causing 66-year-old Pharmacist to Fall
Posted on 14 Sep 2018 by Thomas A. Robinson

In Arkansas, in order for an employee to establish that the injury arose out of and in the course of the employment, the claimant must prove that he or she was “performing employment services” when he or she was injured. In spite of that limiting... Read More

Missouri: Golf Ball Ends Sheriff’s Career
Posted on 6 Dec 2011 by Martin Klug

While playing golf at a charity event, a stray golf ball struck claimant in the forehead. His employer terminated him about 6 months later. Claimant states he was disabled due to problems with tinnitus, poor balance, memory loss, severe and frequent headaches... Read More

California: Causation of Injury v. Causation of Disability
Posted on 2 Aug 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases cited below . The issue of causation has been a central theme in many recent cases. However, given that there are two types of legal causation in the world of workers’ compensation, it’s easy for... Read More

Larson’s Spotlight on Recent Cases: North Dakota Refuses to Adopt Positional Risk Doctrine
Posted on 20 Apr 2012 by Larson's Spotlight

Larson's Spotlight on Positional Risk Doctrine, Medical Evidence, Total Permanent Disability, and Deviation From Employment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

The Thin Line Between Horseplay and the Initial Physical Aggressor Defense
Posted on 7 Oct 2011 by Calif. WCAB Noteworthy Panel Decisions Reporter

A recent California case with a wild factual scenario provides guidance on the important factual distinctions between horseplay and the initial physical aggressor defense California Labor Code Section 3600 sets forth a number of conditions that must... Read More

Larson’s Spotlight on Recent Cases: Injured Worker Rebuts Intoxication Presumption
Posted on 29 Oct 2012 by Larson's Spotlight

Larson's Spotlight on Intoxication Presumption, Heart Attack, Arising Out of Employment, and Death Benefits. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... 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