Workers' Compensation

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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

New York: Home Health Attendant's Short Visit to Physician's Office was not Disqualifying Deviation
Posted on 8 Feb 2021 by Thomas A. Robinson

Reversing the state's Workers' Compensation Board, a New York appellate court said the Board's decision that a live-in home health attendant--who provided comprehensive care to one client, 24 hours a day, seven days per week--was engaged in... Read More

Iowa: Modest Deviation from Ordinary Route Was Insufficient to Remove In-Home Healthcare Nurse From Her Employment
Posted on 31 Jul 2019 by Thomas A. Robinson

Where a registered nurse provided in-home health care services and sustained injuries in an automobile accident as she traveled to her first patient of the day, her injuries arose out of and in the course of the employment, held an Iowa appellate court... Read More

Virginia: Worker Did Not Violate Known Safety Rule Against Heavy Lifting
Posted on 11 Apr 2019 by Thomas A. Robinson

An employer’s known work rule—that an employee should not lift more than 40 pounds without assistance—did not bar the claim of a Virginia worker who sustained a back injury while attempting to move three boxes of computers, each weighing... Read More

New York: Deviation to Get Beer/See Girlfriend Sink Farm Worker’s Claim
Posted on 28 Nov 2018 by Thomas A. Robinson

Where a New York farm worker took a short break to get a beer and see his girlfriend, who was moving her belongings into the worker’s employer-provided residence located across the road from the employer’s farm, that deviation was sufficient... 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

Kentucky: Divided Supreme Court Draws Distinction Between Deviations in Work Performance and Those During Personal Comfort Activity
Posted on 16 Jan 2015 by Larson's Spotlight

A divided Supreme Court of Kentucky held that injuries sustained during a paid break by an office worker, when she was hit by a car as she crossed a street in front of her employer’s premises did not arise out of and in the course of her employment... Read More

New Mexico: Compensation Awarded to “Non-Participating” Victim of Horseplay
Posted on 28 Feb 2014 by Larson's Spotlight

A New Mexico appellate court recently affirmed an award of benefits to a worker injured during a workplace horseplay incident in which she was grabbed around her shoulders and lifted off the ground. When an MRI indicated she suffered from “significant”... Read More

South Carolina: Under “Divided Premises” Rule, Injuries Sustained on Public Street Are Compensable
Posted on 18 Nov 2016 by Thomas A. Robinson

The South Carolina Supreme Court has held that a state university professor, who sustained injuries when she was struck by a car as she crossed a public road that separated the university’s library, where she had been working, and a university parking... Read More

WV: “Good Samaritan” Employee Denied Recovery for Injury Helping Co-Worker
Posted on 10 Oct 2013 by Larson's Spotlight

The Supreme Court of Appeals of West Virginia recently affirmed a decision by the state’s Board of Review that had denied workers’ compensation benefits to a secretary who hurt her wrist and shoulder while helping a contract employee of the... Read More

"Blunder Down Under" – An Interview With Cassandra Roberts On the Australian Rough Sex In A Hotel Workers’ Compensation Claim
Posted on 26 Jun 2012 by Cassandra Roberts

Cassandra Roberts of Young, Conaway, Stargatt & Taylor LLP discusses an Australian workers' comp case involving injury to a government worker attending a conference (referred to the Australian rough sex case), the view of course and scope in Australia... Read More

The New Mobile Workforce: Telecommuters, Alternate Worksites, Traveling Employees, and "Extreme Mobile"
Posted on 7 Sep 2012 by Stuart D. Colburn

At the 21st Annual National Workers’ Compensation and Disability Conference ®, Nov. 7-9, Stuart D. Colburn of Downs Stanford will speak and moderate on The New Mobile Workforce. The new mobile workforce – from telecommuters to alternate... 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

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

Pennsylvania: Shortness of Deviation Time Not Determinative to Claim
Posted on 16 Aug 2013 by Larson's Spotlight

Reversing a decision by the state's Workers' Compensation Appeal Board that, in turn, had affirmed a judge's award of workers' compensation benefits to a claimant who sustained serious injuries to his thumb when he stepped away from his... Read More