Workers' Compensation

Recent Posts

Missouri: Appellate Court Agrees No Causal Connection Between Tinnitus and Work-Related Fight
Posted on 20 Nov 2019 by Thomas A. Robinson

In spite of what the Missouri appellate court said was a “poorly written” opinion by an ALJ (adopted and incorporated by the state’s Labor & Industrial Relations Commission), a state appellate court panel held there was still more... Read More

Kentucky: Bus Driver’s Aggressive Interaction With Passenger Defeats Claim for Benefits Arising out of “Assault”
Posted on 22 Mar 2019 by Thomas A. Robinson

In a decision that conforms with the majority rule among American jurisdictions, the Supreme Court of Kentucky affirmed a lower court finding that a municipal bus driver was appropriately denied workers’ compensation benefits in connection with... Read More

Virginia: Commission Failed to Consider Risk of Assault Faced by Rest Area Attendant Attacked by Former Co-Worker
Posted on 8 Feb 2019 by Thomas A. Robinson

That an overnight attendant at a rest area knew his assailant—a former co-employee—and could not show that the assailant’s motives were related to the employment—the assailant committed suicide shortly after the attack—did... Read More

Tags: assault , AOE/COE

Arizona: Court Adopts Larson’s “Friction and Strain” Doctrine for Workplace Assaults
Posted on 3 Aug 2018 by Thomas A. Robinson

Acknowledging its earlier adoption of the “quantum theory of work connection,” described in Larson’s Workers’ Compensation Law , under which the “arising out of” and “in the course of” tests are not independent... Read More

Pennsylvania: Attendant Care-Providing Mother's Injuries at Hands of Knife-Wielding Son Are Compensable
Posted on 10 Jan 2014 by Larson's Spotlight

In a split decision involving bizarre circumstances, a Pennsylvania appellate court recently held that a woman employed under a state-funded program to provide attendant care services at her residence for her adult son, and who was brutally attacked by... Read More

South Dakota: Fatal Shooting in Employer’s Parking Lot Held Not Compensable
Posted on 26 Jul 2013 by Larson's Spotlight

The Supreme Court of South Dakota, affirming a decision by the state’s Department of Labor and Regulation, recently denied a death benefits claim filed by the personal representative of a woman shot and killed by her husband as she sat in her car... Read More

Nebraska: Nurse Awarded PTSD Benefits After Series of Assaults by Patients
Posted on 11 Sep 2015 by Larson's Spotlight

A nurse, who suffered a series of assaults by patients at her employer’s hospital may recover for her mental disability—major depressive disorder and post-traumatic stress disorder—in spite of Nebraska’s general rule that requires... Read More

A Little Béarnaise, a Proud Mama……and a Delaware Decision on Course & Scope
Posted on 10 Aug 2015 by Cassandra Roberts

For those who don’t know it, Sweet Caroline is now working in litigation support for a few of my friends at Doroshow Pasquale, including Tara Bustard. No shrinking violet herself, Caroline couldn’t have a better role model for the proposition... Read More

No Evidence That Applicant’s Skin Cancer Was Insidious Disease Process: Cal. Comp. Cases June Advanced Postings (6/20/12)
Posted on 20 Jun 2012 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the June 2012 issue of Cal. Comp. Cases. subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Stephen... Read More

United States: Videotape of Plaintiff’s Interaction With Guest Dooms Retaliatory Discharge Claim
Posted on 18 Mar 2016 by Larson's Spotlight

A former employee’s claim that her former employer improperly discharged her in retaliation for filing a workers’ compensation claim was appropriately disposed of at the summary judgment level where the employee could not show that her employer’s... Read More

Nebraska: Internet Search for Registered Sex Offenders Leads to Workplace Assault
Posted on 17 Jul 2015 by Larson's Spotlight

A Nebraska appellate court affirmed the denial of workers’ compensation benefits for an employee who sustained injuries to his nose, clavicle and shoulder when he was assaulted on the employer’s premises by a co-worker wielding a brass hammer... Read More

New York: Assistant Manager’s PTSD Claim Tied to Murder-for-Hire Scheme Found Compensable
Posted on 11 Jul 2014 by Larson's Spotlight

A New York appellate court, affirming a decision of the state’s Workers’ Compensation Board, has held that the exacerbation of a supermarket assistant manager’s preexisting PTSD arose out of and in the course of his employment when,... Read More

The Top 10 Bizarre Workers’ Compensation Cases for 2015
Posted on 3 Jan 2016 by Thomas A. Robinson

Last November, I had the pleasure of speaking at the 24th Annual National Workers’ Compensation and Disability Conference in Las Vegas. My session was a spin-off of what has become one of my most popular annual blog offerings—a presentation... Read More

Missouri: Commission Re-defines Assault in a Bizarre On-the-Job Scuffle
Posted on 7 Oct 2013 by Martin Klug

The Missouri Commission decided a case in which a worker alleges his supervisor body slammed and choked him and the supervisor claims the worker started the whole thing and hit him in the mouth. The Commission found there was no “assault”... Read More

Federal: Negligence Action Filed by Teacher’s Aide Against School Following Assault by Student Is Barred by Exclusive Remedy Defense
Posted on 30 Oct 2015 by Larson's Spotlight

A negligence action filed by a teacher’s aide against her employer and an assistant principal following an incident in which the aide was assaulted and beaten by a student was barred by the exclusive remedy provisions of New York’s Workers’... Read More