Workers' Compensation

Recent Posts

Virginia: Worker Fails to Prove Mysterious Fall Was Caused by Employment Conditions
Posted on 28 Nov 2014 by LexisNexis Workers' Comp Law Newsroom Staff

A Virginia employee could not recover workers’ compensation benefits for injuries she sustained when she fell backwards while sitting on a brick wall where she had been resting, held a state appellate court; she had failed to prove that the injury... Read More

Missouri: Court Weakens 'Equal Exposure' Defense In a New Parking Lot Case
Posted on 3 Nov 2014 by Martin Klug

A worker who injured his knee falling on a snowy adjacent parking lot while leaving work was awarded benefits. Scholastic v David Viley, 2014 Mo App. Lexis 1207 (Lexis Advance), 2014 Mo App. Lexis 1207 (lexis.com), WD 77546 (Oct. 28, 2014) This case is... Read More

Arkansas: Injuries Sustained Walking to Employer’s Work Trailer Found Compensable
Posted on 13 Feb 2015 by Larson's Spotlight

An Arkansas court ruled that an ironworker sustained a compensable injury when he slipped on ice while walking from the main gate of a construction site to his employer’s work trailer prior to clocking in. The employer argued that the ironworker... Read More

South Carolina: Supreme Court Moves Close to Positional Risk Standard in Hallway Fall Case
Posted on 16 Jan 2015 by Larson's Spotlight

The Supreme Court of South Carolina, moving ever so close to a positional risk standard, reversed a decision by the state’s Court of Appeals, holding that an office employee could recover benefits for injuries sustained when she fell as she walked... Read More

Arkansas: Worker Fails to Rebut Presumption That Accident Was “Substantially Occasioned” by Drugs
Posted on 6 Feb 2015 by Larson's Spotlight

An Arkansas appellate court has affirmed a decision denying workers’ compensation benefits to a worker who fell as he descended a ladder on the basis that following the accident he tested positive for methamphetamine and that he failed to rebut... Read More

Missouri: Benefits Denied For a Train Inspector Who Fell From a Rail Car
Posted on 28 May 2014 by Martin Klug

A 58-year old train inspector fell more than 20 feet from the top of a rail car resulting in injuries to his back and shoulder. He failed to establish he had an accident to pursue a PTD claim against the second injury fund because he "unfortunately"... Read More

South Carolina: Nurse Anesthetist’s Fall Was Not idiopathic; Benefits Should Be Awarded
Posted on 13 Jun 2014 by Larson's Spotlight

Following remand from the state’s Supreme Court, a South Carolina appellate court held that a fall by a certified registered nurse anesthetist in an operating room was not idiopathic and arose out of and in the course of her employment in spite... Read More

California: Correctional Officer’s Premises Liability Suit Might Be Barred by Bunkhouse Rule
Posted on 6 Feb 2015 by Larson's Spotlight

In a premises liability suit brought against the state by a correctional officer, a California appellate court held it was error for a trial court to grant summary judgment to the state on the basis of the “premises line” exception to the... Read More

Missouri: Court Reverses Denial of SIF Benefits for Unexplained Fall
Posted on 5 Mar 2015 by Martin Klug

A worker fell 20-25 feet from a rail car. He settled his case with the employer and proceeded with a claim for second injury fund benefits. The court of appeals reversed the Commission’s award which denied SIF benefits because claimant failed to... Read More

Indiana: Injured Employee May Not Sue Employer’s Corporate Parent
Posted on 12 Feb 2016 by Larson's Spotlight

Where an employee working for a subsidiary of AT&T, Inc. tripped and fell over the snow-covered legs of a construction sign placed in a walkway adjacent to an ongoing construction project at the AT&T building in downtown Indianapolis, she could... Read More

Virginia: Court Affirms Denial of Unwitnessed Death Claim
Posted on 6 Feb 2015 by Larson's Spotlight

Continuing its stance within the minority of states that refuse to provide a presumption of compensability in cases in which a worker suffers fatal injuries in an unwitnessed accident, a Virginia court has affirmed the denial of death benefits to the... Read More

Tennessee: Injured Employee’s Backyard Fall No Intervening Act, Employer Liable for Second Knee Surgery
Posted on 21 Aug 2015 by Larson's Spotlight

A special workers’ compensation appeals panel of the Supreme Court of Tennessee held that the record supported the trial court’s finding that an employer was liable for medical expenses and disability indemnity that arose from an injured employee’s... 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

Probation Dept. Counselor Stumbles on Way to Break Up Classroom Fight Between Juvenile Detainees: Cal. Comp. Cases January Advanced Postings (1/26/2012)
Posted on 26 Jan 2012 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes. County of Kern/Kern County Probation Department, PSI, Petitioner v. Workers'... Read More

Probation Dept. Counselor Stumbles on Way to Break Up Classroom Fight Between Juvenile Detainees: Cal. Comp. Cases January Advanced Postings (1/26/2012)
Posted on 26 Jan 2012 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes. County of Kern/Kern County Probation Department, PSI, Petitioner v. Workers'... Read More