Where an employer determined that there was inadequate parking for its employees immediately adjacent to its offices and arranged through its landlord to secure additional parking spaces in a nearby parking lot, and encouraged its employees to utilize... Read More
Construing New York’s so-called “gray area” rule, which allows recovery of workers’ compensation benefits under circumstances that might otherwise be barred by the going and coming rule, a state appellate court affirmed a determination... Read More
A home health care aide, who sustained injuries when she slipped and fell on wet grass outside her client’s residence, did not sustain an accidental injury arising out of and in the course of her employment, held a state appellate court. Noting... Read More
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
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
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
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
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
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
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
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
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
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
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
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