Workers' Compensation

Recent Posts

Arkansas: Worker Injured While Retrieving Lunch is Denied Benefits
Posted on 20 Nov 2019 by Thomas A. Robinson

Employing the restrictive rule in Arkansas, which excludes workers’ compensation benefits for injuries “inflicted upon the employee at a time when employment services were not being performed” [see Ark. Code Ann. § 11-9-102(4)(B... Read More

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

Louisiana: Worker’s Tort Suit Related to Pre-Work Elevator Incident Barred by Exclusivity
Posted on 20 Nov 2019 by Thomas A. Robinson

A Louisiana appellate court affirmed a trial court’s decision granting summary judgment to an employer in a civil action filed by a worker who sustained injuries in an elevator incident on the employer’s premises approximately one-half hour... Read More

Texas: Gratuitous Provision of Company Vehicle Insufficient to Bring Commute Within Employment
Posted on 20 Nov 2019 by Thomas A. Robinson

Where an employer gratuitously provided a company vehicle to an employee to aid in his daily travel from his residence to a large tract of fenced ranch land containing a gas lease where the employee worked, it did not automatically bring the travel within... Read More

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 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

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

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. subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. ... 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

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

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

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

Larson’s Spotlight on Recent Cases: Video Evidence Not Disqualified for Three-Second Gap
Posted on 13 Dec 2012 by Larson's Spotlight

Larson's Spotlight on Videotape Evidence, Going and Coming Rule, PTSD, and Foot Injury. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... 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