Workers' Compensation

Recent Posts

Nevada: Police Officer's Injuries on Personal Motorcycle Found Compensable
Posted on 27 Aug 2020 by Thomas A. Robinson

Construing a special "law enforcement" exception to Nevada's going and coming rule, the Supreme Court of Nevada held that a police officer's injuries sustained in a private motorcycle accident as he rode home after being released early... Read More

New York: Injury Crossing Public Street Near Work Premises Was Not Compensable
Posted on 20 May 2020 by Thomas A. Robinson

A New York employee who was struck by a car while crossing the street in front of his employer's work premises did not sustain an injury arising out of and in the course of the employment, held a state appellate court, affirming a finding by the state's... Read More

New York: Remote Regular Travel to Worksite is not "a Commute"
Posted on 17 May 2020 by Thomas A. Robinson

Acknowledging that under the standard going and coming rule, an employee's injuries sustained in the ordinary travel from his or her home to a specified worksite did not arise out of and in the course of the employment, a New York appellate court... Read More

Texas: Death Benefits Allowed For Deputy's Fatal Accident After Extra-duty Assignment
Posted on 24 Apr 2020 by Thomas A. Robinson

The Supreme Court of Texas held that a deputy sheriff fatal auto accident, as he traveled home in his assigned patrol car following an extra-duty assignment for a private employer, was nevertheless within the course and scope of the employment and his... Read More

Michigan: Appellate Court Clarifies Exceptions to the State’s Going and Coming Rule
Posted on 27 Mar 2020 by Thomas A. Robinson

A state appellate court reversed a decision by the Michigan Compensation Appellate Commission that had denied workers’ compensation benefits to a company auditor who suffered injuries in an auto crash as he drove from his home to a manufacturing... Read More

Maryland: Home-Based Worker’s Slip and Fall on Sidewalk Near Home Might Be Compensable
Posted on 28 Jun 2019 by Thomas A. Robinson

A Maryland appellate court, indicating it was undertaking a case of first impression, held that the compensability of an injury to a home-based employee depended upon an examination of the factors involved in the so-called “Larson Three-Part Test”... 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: Subway Employee’s Assault Claim Barred by Going and Coming Rule
Posted on 10 May 2019 by Thomas A. Robinson

A New York appellate court recently affirmed a decision of the state’s Workers’ Compensation Board that denied a claim filed by a subway train cleaner for injuries he incurred as he disembarked from a subway as he traveled to his home after... Read More

Nebraska: No Death Benefits For Deputy Killed in Vehicular Accident While Discussing Police Business
Posted on 11 Apr 2019 by Thomas A. Robinson

A Nebraska appellate court affirmed the denial of workers’ compensation death benefits to the family of a county deputy who sustained fatal injuries in a car crash that occurred as the deputy drove his private vehicle home some five minutes after... Read More

North Carolina: Providing Company Vehicle to Employee Does Not Necessarily Bring Commute Within the Course and Scope of Employment
Posted on 22 Mar 2019 by Thomas A. Robinson

The gratuitous provision of transportation to an employee does not, in and of itself, expose an employer to liability under North Carolina’s Workers' Compensation Act. Accordingly, where a cost estimator working for a security systems company... Read More

Virginia: Trip and Fall Injury While Attending Mandatory Training Session Was Not Compensable
Posted on 8 Mar 2019 by Thomas A. Robinson

A professional counselor, who sustained injuries when she tripped and fell over raised tree roots as she walked on the campus of a community college where she was to attend mandatory off-site training, did not sustain an injury arising out of and in the... Read More

Ohio: Parking Lot Injuries Found Compensable Under “Zone of Employment” Rule
Posted on 8 Nov 2018 by Thomas A. Robinson

Injuries sustained by an Ohio office worker when she fell in a parking lot adjacent to the building housing her office were compensable, since they arose out of and in the course of her employment, held an appellant court recently. The worker had clocked... Read More

California Workers' Comp Case Roundup (8/8/2018)
Posted on 8 Aug 2018 by LexisNexis Workers' Comp Law Newsroom Staff

CALIFORNIA COMPENSATION CASES Vol. 83 No. 7 July 2018 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE... Read More

Oregon: Board Should Have Considered Personal Comfort Doctrine in Parking Lot Injury
Posted on 8 Dec 2017 by Thomas A. Robinson

The personal comfort doctrine is part of the “course and scope inquiry,” and accordingly, it precedes any discussion of the going and coming rule, which applies when the worker has left the course and scope of the employment, held an Oregon... Read More

Texas: Remote Worker’s Injury Traveling From Motel to Work Site Not Barred by Going and Coming Rule
Posted on 19 Jun 2015 by Larson's Spotlight

A divided Supreme Court of Texas affirmed a determination that an employee was acting in the course and scope of his employment when he died in an automobile accident while traveling to a job site located some 40 miles from a motel where he as staying... Read More