Workers' Compensation

Recent Posts

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

Ohio: Business Owner’s Injuries in Commute to Informal Breakfast Meeting Found Compensable
Posted on 30 May 2019 by Thomas A. Robinson

An owner/employee’s decision to meet two subordinate employees for breakfast and a general business discussion meant that injuries sustained in a car accident on the way to the restaurant arose out of and in the course of the employment, in spite... 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

Mississippi: Switching to Jeep From Motorcycle Due to Potential Bad Weather Was Deviation From Employment
Posted on 28 Jul 2016 by Thomas A. Robinson

The state’s Workers’ Compensation Commission did not err in reversing the administrative judge’s determination that a worker was acting in the scope of his employment when, in anticipation of bad weather, he rode toward his house after... Read More

Oregon: Traveling Employee’s Death While Returning from Shopping Trip Was Not Compensable
Posted on 6 Oct 2017 by Thomas A. Robinson

A person in the status of a traveling employee is continuously within the course and scope of the employment while traveling, except when the person is engaged in a distinct departure on a personal errand, held the Court of Appeals of Oregon. Accordingly... Read More

Ohio: MapQuest Data Helps Prove Extent of Worker’s Deviation From Employment
Posted on 12 Sep 2014 by Larson's Spotlight

A jury’s consideration of MapQuest data that showed that a pharmacy and a restaurant were more than eight miles apart was not error in spite of the fact that the data was not fully authenticated, held an Ohio appellate court. The jury’s determination... Read More

South Dakota: Horseplay Injury During Lull in Workday Found Compensable
Posted on 12 Jun 2015 by Larson's Spotlight

The Supreme Court of South Dakota awarded workers’ compensation benefits to a construction worker who sustained a severely broken leg when he tried to jump a trench while running at a construction site. The state’s Department of Labor and... Read More

Pennsylvania: Gun-Wielding Store Manager’s Death While Attempting to Stop Robber Found Compensable
Posted on 30 May 2014 by Larson's Spotlight

A Pennsylvania appellate court, reversing a decision of the state’s Workers’ Compensation Appeals Board, has determined that a convenience store manager did not abandon his employment and was furthering the business affairs of his employer... Read More

Texas: Weekly Stipend Loosely Tied to Travel Does Not Make Worker Traveling Employee
Posted on 3 Nov 2017 by Thomas A. Robinson

Where an employer paid a “field electrician” a weekly stipend of $75, but neither (a) required the employee to keep records regarding travel expenses nor (b) required the additional payment to be spent for travel, the employee would not be... Read More

North Carolina: Fatal Auto Accident Not in Course and Scope of Employment
Posted on 27 Oct 2017 by Thomas A. Robinson

A North Carolina appellate court affirmed the denial of workers’ compensation death benefits to the dependents of an employee, who worked as a supervisor for a public nonprofit agency and who sustained fatal injuries in a one-vehicle accident in... Read More

Pennsylvania: Part-Time Cook Awarded Benefits After Co-Worker’s Dog Bit Him in the Face
Posted on 14 Nov 2014 by Larson's Spotlight

A part-time line cook who, while he was taking a smoke break with several co-workers, sustained facial lacerations and permanent scarring when he was bitten in the face by a co-worker’s dog, is due workers’ compensation benefits since the... Read More

Georgia: Provision of Motel Room Over a Week-End Did Not Create “Continuous Employment” Scenario
Posted on 17 Mar 2017 by Thomas A. Robinson

A Georgia appellate court, in a divided decision, reversed a trial court’s determination that a worker was a “continuous employee” and, accordingly, was due workers’ compensation benefits for an injury sustained on a Sunday afternoon... Read More

Larson’s Spotlight on Recent Cases: Injured Worker May Not Pursue Double Recovery Against Uninsured Employer
Posted on 19 Jan 2012 by Larson's Spotlight

Larson's Spotlight on Election of Remedy, Exclusive Remedy, Withdrawal From Workforce, 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

Larson’s Spotlight on Recent Cases: Truck Driver Deviated From Employment by Leaving Vehicle to Obtain Object for Purposes of Assaulting Driving Partner
Posted on 16 Mar 2012 by Larson's Spotlight

Larson's Spotlight on Deviation From Employment, Unexplained Fall, Physician's Opinion and Videotape Evidence, and Sanctions for Costs. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff... 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