Workers' Compensation

Recent Posts

Happy Birthday, Cruiser T…..and a Premises Rule Decision In DE That’s a Gift for Claimants Everywhere
Posted on 10 Dec 2012 by Cassandra Roberts

Today is Cruiser T's first birthday. You may recall that little Cruiser is the younger of my two rescue cats.....his older sister being the infamous Nutella Grace. I think I am going to bring home a vanilla ice cream cake and let Cruiser have at it... Read More

They’ve Paved Paradise and Put Up a Parking Lot….a Delaware Primer on the Premises Rule
Posted on 13 Nov 2012 by Cassandra Roberts

Three beautiful children.....Ben, Allison and Chase. They belong to my partner Tim Lengkeek. Tim and his wife Michele make pretty kids. Tim makes even prettier law.....be it in work comp or otherwise. Today's post is a gift for all the neophyte... Read More

Bad News for Nevada Injured Workers Who Fall at Work?
Posted on 15 Dec 2011 by Virginia Hunt

According to the U.S. Bureau of Labor Statistics, in 2010, about a fifth of all workplace fatalities in Nevada were caused by a worker falling. Almost every serious fall injury I've handled in the Nevada work comp arena in the past fifteen years was... Read More

Nurse Proved Stressful Work Caused Cerebral Stroke: Cal. Comp. Cases November Advanced Postings (11/14/2012)
Posted on 15 Nov 2012 by California Compensation Cases Staff

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

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

California: Entire Air Force Base is Employer’s “Premises” for Purposes of Going and Coming Rule
Posted on 9 Jan 2015 by Larson's Spotlight

A California appellate court held that in as much as a civilian employee worked at a U.S. Air Force base and often traveled to multiple locations throughout the base to perform his work for the employer, the entire base constituted the employer’s... Read More

AR: Co-employee Immunity Applies to Erratic Driving of Golf Cart
Posted on 22 Nov 2013 by Larson's Spotlight

The majority of jurisdictions provide immunity from tort liability for co-employees whose actions are within the course and scope of the employment [see Larson’s Workers’ Compensation Law , § 111.03]. Arkansas has a somewhat more restrictive... Read More

Federal: Workers’ Civil Action Against Employer Related to Chemical Release Can Continue Toward Trial
Posted on 16 Jan 2015 by Larson's Spotlight

A civil action filed against BP Products North America, Inc. (“BP”) by more than 500 plaintiffs—including some 315 employees—in connection with an accidental chemical release by the refinery may continue toward trial, held a federal... Read More

Texas: Traveling Employee’s Fatal Car Accident Was Not Within Course and Scope of Employment
Posted on 13 Nov 2015 by Larson's Spotlight

An employee who traveled from his home base in North Carolina to Dallas, Texas on a business trip did not sustain injuries arising out of and in the course of his employment when he was involved in an automobile accident as he made his way to meet his... Read More

New York: Injured Employee’s Negligence Action Against Co-Employee and Co-Employee’s Father (as Owner of Vehicle) Are Barred by Exclusiveness
Posted on 7 Aug 2015 by Larson's Spotlight

A civil action was filed by plaintiff and his spouse against plaintiff’s co-employee and the co-employee’s father for injuries the plaintiff sustained when he was struck by a car driven by the co-employee as plaintiff walked across their employer’s... Read More

Larson’s Spotlight on Recent Cases: Court Bars Medical Expert Testimony on Sick Building Syndrome
Posted on 7 Sep 2012 by Larson's Spotlight

Larson's Spotlight on Sick Building Syndrome, Wrongful Death and Exclusive Remedy, Retaliatory Discharge, and Unexplained Fall. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

South Carolina: Recreation Superintendent’s Accident Retrieving Keys Did Not Arise Out of and In the Course of Employment
Posted on 2 Jan 2016 by Larson's Spotlight

A South Carolina appellate court affirmed a decision by the state’s Appellate Panel that a former Superintendent of the Parks and Recreation Department for the City of Spartanburg was not in the course and scope of his employment when he was killed... Read More

Louisiana: Bonuses Paid at Start and Finish of Out-of-State Work Did Not Turn Travel Into Employment Activity
Posted on 22 Jan 2016 by Larson's Spotlight

A Louisiana appellate court affirmed summary judgment in favor of a defendant employer whose employee rear-ended a van, killing the van’s driver and causing catastrophic injuries to the plaintiff who was a passenger in the van. At the time of the... Read More