Workers' Compensation

Recent Posts

New York: Retail Worker Who Slipped on Wet Surface Near Entrance to Shopping Mall was Denied Benefits
Posted on 26 Jul 2020 by Thomas A. Robinson

Construing New York's "gray area" rule, which holds that where the risks of street travel merge with the risks attendant with employment, the mere fact that the accident took place on a public road or sidewalk will not ipso facto negate... 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

Pennsylvania: High Court Continues Broad Definition of Employer’s “Premises”
Posted on 19 Dec 2019 by Thomas A. Robinson

The Supreme Court of Pennsylvania continued to define an employer’s “premises” broadly, indicating the term must be understood to include any area that is integral to an employer’s business operations, including reasonable means... Read More

Arkansas: Worker Injured While Retrieving Lunch is Denied Benefits
Posted on 20 Nov 2019 by Thomas A. Robinson

Employing the restrictive rule in Arkansas, which excludes workers’ compensation benefits for injuries “inflicted upon the employee at a time when employment services were not being performed” [see Ark. Code Ann. § 11-9-102(4)(B... Read More

Texas: Gratuitous Provision of Company Vehicle Insufficient to Bring Commute Within Employment
Posted on 20 Nov 2019 by Thomas A. Robinson

Where an employer gratuitously provided a company vehicle to an employee to aid in his daily travel from his residence to a large tract of fenced ranch land containing a gas lease where the employee worked, it did not automatically bring the travel within... 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

Utah: Worker Awarded Benefits for Unexplained Fall in Parking Lot
Posted on 27 Sep 2019 by Thomas A. Robinson

Quoting Larson's Workers' Compensation Law , both on the general issue of causation (§ 46.03) and also regarding the doctrine of unexplained falls (§ 7.04), the Supreme Court of Utah affirmed an award of benefits to a worker who sustained... Read More

Texas: Company-Supplied Vehicle Insufficient to Bring Worker’s Fatal Accident Within Employment
Posted on 16 Sep 2019 by Thomas A. Robinson

The fact that an employer provides an employee with a company-owned vehicle is not sufficient, absent additional factors, to bring the employee's travel within the course and scope of the employment, held a Texas appellate court. That the deceased... Read More

District of Columbia: Split-Shift Transit Manager’s Injuries Sustained During Unpaid Break Are Compensable
Posted on 1 Jul 2019 by Thomas A. Robinson

Injuries sustained by a transit authority manager when she tripped and fell on a transit authority escalator near an employee-only break room, during a two-hour unpaid break between her two scheduled shifts, arose out of the employment, held the District... Read More

Texas: Worker’s Tort Action for Fall in Parking Lot Not Barred by Exclusive Remedy Defense
Posted on 16 Jun 2019 by Thomas A. Robinson

Under the Texas “access doctrine”—an exception to the going and coming rule—where the employer has evidenced an intention that the employee utilize a particular access route or area in going to and from work, and where that access... Read More

Ohio: Worker Fails to Show “Zone of Employment” Should Be Extended to Nearby Public Parking Lot
Posted on 18 Jan 2019 by Thomas A. Robinson

Acknowledging that Ohio employs exceptions to the usual “going and coming rule,” including the “zone of employment” exception, in which the employer’s premises is deemed to include areas where the employer has control of... Read More

Georgia: Injury Sustained On Premises During Scheduled Lunch Break Not Compensable
Posted on 8 Nov 2018 by Thomas A. Robinson

Where a Georgia employee was injured in the break room in the process of taking her lunch outside during a scheduled lunch break, the state’s Board of Workers' Compensation did not err by applying the scheduled lunch break exception and by ruling... Read More

Kentucky: Going and Coming Rule Bars Recovery in Negligence Case
Posted on 13 Jul 2018 by Thomas A. Robinson

Because of the operation of the going and coming rule, a Kentucky delivery person, who delivered food, utilizing his own private vehicle, to customers of his employer—a Papa John’s sandwich store—was not acting in the course and scope... Read More

Kansas: Roofer Struck by Drunk Driver at 2:20 A.M. While Walking to Hotel Cannot Recover Benefits
Posted on 15 Jun 2018 by Thomas A. Robinson

A Kansas roofer, who worked as part of a construction crew in Enid, Oklahoma, who stayed in a hotel there will he and others performed their roofing services and who was struck by a drunk driver as he crossed a street at 2:20 a.m. from a bar so as to... Read More

Maryland: Going and Coming Rule Does Not Bar Recovery in Motorcycle Accident
Posted on 31 Jan 2014 by Larson's Spotlight

Travel that is incident to the employment cannot be excluded from the course and scope of the employment by the ordinary going and coming rule, held a Maryland appellate court recently. Accordingly, it vacated a decision that had denied workers’... Read More