Workers' Compensation

Recent Posts

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

New Jersey: Casino’s Own Surveillance Video Defeats Employer’s “Going & Coming” Argument
Posted on 24 Jan 2014 by Larson's Spotlight

In an unpublished decision, a New Jersey appellate court recently held that a casino’s security surveillance video supported the employee’s claim that at the time of a vehicular accident, in which she was injured, a small portion of her SUV... 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

Larson's Spotlight on Recent Cases: Disabled Officer Failed to Disclose Status as Horse Trainer
Posted on 17 Jun 2013 by LexisNexis Communities Staff

Larson's Spotlight on Fraud, Attorney's Fees, Retaliatory Discharge, and Going and Coming. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... Read More

Iowa: Occasional Work at Home Does Not Create Dual Employment Premises
Posted on 16 Oct 2015 by Larson's Spotlight

In a case of first impression in Iowa, a state appellate court held that catching up on occasional work at home or completing tasks at home that could be completed at the employer’s premises is an insufficient basis to find that an employee had... Read More

Oklahoma: Slip and Fall Outside Premises Door Still Compensable in Spite of Personal Errand
Posted on 2 May 2014 by Larson's Spotlight

An employee's purpose in leaving work is relevant in deciding whether going and coming injuries arise out of employment; it is not, however, dispositive. The Supreme Court of Oklahoma accordingly reversed a decision of the state’s Court of Civil... Read More

Ohio: For Going and Coming Rule Purposes, Home Health Care Aide May Not Have Been Fixed-Situs Employee
Posted on 2 Mar 2017 by Thomas A. Robinson

An Ohio home health aide who worked, at her employer’s direction, at the home of various clients and who sustained injuries in an auto accident as she traveled from one client’s home to that of another, was not as a matter of law a fixed-situs... Read More

Decedent Entitled to Pursue Injuries to Body Parts Not Covered in Compromise and Release: Cal. Comp. Cases February Advanced Postings (2/3/2016)
Posted on 3 Feb 2016 by California Compensation Cases Staff

Here’s another batch of advanced postings for the February 2016 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights... Read More

Ohio: Nurse Injured as She Walked to CPR Class Should Recover Benefits
Posted on 20 Apr 2017 by Thomas A. Robinson

A nurse, who sustained injuries when she fell in a pedestrian crossing as she returned to a cardiopulmonary resuscitation (“CPR”) training class, after retrieving forgotten class materials from her car, should recover workers’ compensation... Read More

Pennsylvania: Donut Shop Manager was Traveling Employee; Death Claim Not Barred by Going and Coming Rule
Posted on 29 Sep 2017 by Thomas A. Robinson

Where an employee worked as manager at one of the employer’s three donut shops, was occasionally required to respond to operational issues at the other two shops, and sustained fatal injuries in an vehicle accident as he traveled from his residence to... Read More