Workers' Compensation

Recent Posts

Georgia: Divided High Court Says Injury During Unpaid Lunch Break Was Compensable
Posted on 26 Jul 2020 by Thomas A. Robinson

Reversing the state's Court of Appeals, which had affirmed the denial of workers' compensation benefits to an office worker who slipped and fell as she was exited the employer's break room where she had just microwaved her lunch, a divided... Read More

Mississippi: Employee's Deviation While Traveling Means Injury Claim Is Not Compensable
Posted on 24 Apr 2020 by Thomas A. Robinson

In a divided decision, the Court of Appeals of Mississippi affirmed a decision by the state's Workers' Compensation Commission that denied workers' compensation benefits to a traveling salesman who suffered severe injuries in an automobile... Read More

Nevada: Traveling Employee Generally Protected Portal-to-Portal
Posted on 20 Jan 2020 by Thomas A. Robinson

Quoting Larson’s Workers’ Compensation Law , § 25.01, the Supreme Court of Nevada adopted the “Larson” rule that traveling employees remain within the course of their employment continuously during the travel, except in instances... Read More

Georgia: Estate of Employee Shot and Killed in Abortive Robbery in Parking Lot May Sue Employer
Posted on 7 Nov 2019 by Thomas A. Robinson

A Georgia trial court erred when it granted summary judgment in favor of an employer in a civil action filed against it (and others) following the fatal shooting of an employee in a parking lot adjacent to the employer’s grocery store, when the... Read More

Maryland: Home-Based Worker’s Slip and Fall on Sidewalk Near Home Might Be Compensable
Posted on 28 Jun 2019 by Thomas A. Robinson

A Maryland appellate court, indicating it was undertaking a case of first impression, held that the compensability of an injury to a home-based employee depended upon an examination of the factors involved in the so-called “Larson Three-Part Test”... Read More

Larson’s Spotlight on Recent Cases: Mental Injury Claim for Witnessing Suicide
Posted on 17 Jan 2013 by Larson's Spotlight

Larson's Spotlight on Mental Injury, Odd-Lot Theory, Unwitnessed Death, and Negligent Infliction of Emotional Distress. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Res Judicata Barred Petition to Reopen for New and Further Psychiatric Disability: Cal. Comp. Cases June Advanced Postings (6/7/12)
Posted on 7 Jun 2012 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the June 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. Laura... Read More

Larson’s Spotlight on Recent Cases: Injury From Riding Escalator Rail
Posted on 4 Jan 2013 by Larson's Spotlight

Larson's Spotlight on Traveling Employee, Special Employer, Intentional Tort, and Retaliatory Discharge. 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

Missouri: Storm Chasing Chief Awarded Benefits for Slipping at His Home
Posted on 30 Mar 2012 by Martin Klug

On a dark and stormy Sunday night, a police chief fell on his driveway while getting into his truck to drive into town and check for storms. His job duties involved storm spotting by finding the highest ground to see if he could spot a tornado or any... Read More

Missouri: Chasing Bad Guy Arises Out of Employment
Posted on 2 Mar 2012 by Martin Klug

A robber wearing a ski mask and carrying a box cutter demanded claimant turn over his employer's money. When the employer had only $1 on premises, the robber stole claimant's cell phone and fled. The robber dropped the cell phone but when claimant... Read More

Kangaroo Court: How Would Delaware Handle the Australian Hotel Sex Romp Case?
Posted on 23 Apr 2012 by Cassandra Roberts

Today we are going to talk about the goings on elsewhere in the wacky world of comp. It is oddly appropriate that the week I joined the Linked In Work Comp Analysis Group, I stepped into the midst of a case that has garnered national attention. I would... Read More

Larson’s Spotlight on Recent Cases: Restaurant Waiter’s Choking on Quesadilla Was Not Actual Risk of Employment
Posted on 20 Jul 2012 by Larson's Spotlight

Larson's Spotlight on Risk of Employment, PTSD claim, Intoxication Presumption and Marijuana, and Tort Action Against Employer. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

A Roll In the Hay: Delaware’s Horseplay Defense and Australia’s Sex Romp Case Revisited
Posted on 25 Apr 2012 by Cassandra Roberts

My post of 4/23/12, "Kangaroo Court: How Would Delaware Handle the Australian Hotel Sex Romp Case?" prompted a rare follow-up comment from Chief Hearing Officer Chris Baum that I cannot get out of my head. Thus, I am back again with the case... 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