Workers' Compensation

Recent Posts

South Dakota: Court Uses Going and Coming Rule to Gauge Scope of Employment in Tort Case
Posted on 3 Oct 2021 by Thomas A. Robinson

The “going and coming” rule, which generally holds that a worker’s commute to and from home is outside the scope of the employment if he or she has a fixed locus of employment and fixed hours, could also be utilized in a negligence action... Read More

Nevada: Police Officer's Injuries on Personal Motorcycle Found Compensable
Posted on 27 Aug 2020 by Thomas A. Robinson

Construing a special "law enforcement" exception to Nevada's going and coming rule, the Supreme Court of Nevada held that a police officer's injuries sustained in a private motorcycle accident as he rode home after being released early... Read More

New York: Remote Regular Travel to Worksite is not "a Commute"
Posted on 17 May 2020 by Thomas A. Robinson

Acknowledging that under the standard going and coming rule, an employee's injuries sustained in the ordinary travel from his or her home to a specified worksite did not arise out of and in the course of the employment, a New York appellate court... Read More

Ohio: Business Owner’s Injuries in Commute to Informal Breakfast Meeting Found Compensable
Posted on 30 May 2019 by Thomas A. Robinson

An owner/employee’s decision to meet two subordinate employees for breakfast and a general business discussion meant that injuries sustained in a car accident on the way to the restaurant arose out of and in the course of the employment, in spite... Read More

New York: Subway Employee’s Assault Claim Barred by Going and Coming Rule
Posted on 10 May 2019 by Thomas A. Robinson

A New York appellate court recently affirmed a decision of the state’s Workers’ Compensation Board that denied a claim filed by a subway train cleaner for injuries he incurred as he disembarked from a subway as he traveled to his home after... Read More

California: Exceptions to the Going and Coming Rule
Posted on 14 Aug 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

The “going and coming” rule is a deceptively simple one. There is no reference to the “going and coming” rule concept in the Labor Code. However, the rule has developed over time by case law, essentially holding that the employer... Read More

California: The Premises Line and the Going and Coming Rule
Posted on 7 Jun 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

Noteworthy panel decision finds going and coming rule didn’t bar shopping mall worker’s claim for injuries An Appeals Board panel, affirming the WCJ, held that an applicant’s claim for injuries incurred on 2/18/2012 when she slipped... 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

Illinois: Flight Attendant’s Injury Claim on Board Plane Barred by Going and Coming Rule
Posted on 19 Feb 2016 by Larson's Spotlight

An Illinois appellate court held that a flight attendant was not a traveling employee for purposes of the state’s Workers’ Compensation Act when she injured her knee on a flight from Denver to New York on the day before she was scheduled to... Read More

Illinois: Long-Haul Driver’s Injuries Putting Suitcase into Personal Vehicle at Home Not Compensable
Posted on 27 Feb 2015 by Larson's Spotlight

A truck driver, who worked as a car hauler for a company that delivered new automobiles to various car dealerships is considered to be a “traveling employee” while making those various deliveries; his ordinary commute from his home to his... Read More

Larson’s Spotlight on Recent Cases: Mental Injury Claim Related to Depression From Inability to Return to Work
Posted on 31 Aug 2012 by Larson's Spotlight

Larson's Spotlight on Mental Injury, Termination of Employment, Substantial Certainty, and Going and Coming. 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

Larson’s Spotlight on Recent Cases: Mental Injury Claim Related to Depression From Inability to Return to Work
Posted on 31 Aug 2012 by Larson's Spotlight

Larson's Spotlight on Mental Injury, Termination of Employment, Substantial Certainty, and Going and Coming. 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