Workers' Compensation

Recent Posts

Arkansas: Injuries Sustained in Leap From Burning Building Were Not Compensable
Posted on 3 Aug 2021 by Thomas A. Robinson

In Arkansas, injuries sustained by an employee at a time when employment services are not being performed are generally not compensable [see Ark. Code Ann. § 11-9-102(4)(B)(iii) (Supp. 2019)]. Construing that rule, a state appellate court affirmed... Read More

Illinois: Minor Deviation Results in No Recovery for Trip and Fall Injuries
Posted on 22 May 2021 by Thomas A. Robinson

Where a university employee tripped and fell as she tried to step over a chain barrier outside the university’s personnel department, where she had intended to turn in her semi-weekly timecard, her injury claim was not compensable, held an Illinois... Read More

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: Golf Ball Ends Sheriff’s Career
Posted on 6 Dec 2011 by Martin Klug

While playing golf at a charity event, a stray golf ball struck claimant in the forehead. His employer terminated him about 6 months later. Claimant states he was disabled due to problems with tinnitus, poor balance, memory loss, severe and frequent headaches... Read More

Larson’s Spotlight on Recent Cases: Worker’s Alcohol Consumption and Nap Defeat Claim for Fall Into Elevator Shaft
Posted on 3 Feb 2012 by Larson's Spotlight

Larson's Spotlight on Course of Employment, Jurisdiction, Heart Attack, and Refusal of Medical Treatment. 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

In Search of a Dirt Devil: Delaware IAB Rejects Course & Scope Defenses
Posted on 30 Jan 2013 by Cassandra Roberts

Today's post is a salute to my lack of ego. Yep, I am going to break my own rule and post about one of my cases....and take it a step further and tell y'all about a case I recently lost to Matt Bartkowski of Kimmel, Carter, Roman & Peltz.... Read More

Paintballing, Wrestling and a Head-Banging Good Time: Another Commentary on Horseplay in Delaware
Posted on 27 Apr 2012 by Cassandra Roberts

We had so much fun talking about that Australian Hotel Sex Romp case and as such, this post will continue to let the good times roll. The happenings in Australia have been impactful on the local front as they have promoted discussion of our own laws on... Read More