Workers' Compensation

Recent Posts

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

Five Recent Workers’ Comp Cases You Should Know About (10/7/2011) – Workers Comp Denied Where Claimant Was Chased At High Speed and Shot By Co-worker's Friend
Posted on 8 Oct 2011 by Larson's Spotlight

Larson's Spotlight on Unilateral Termination of Benefits, Going and Coming Rule, Pre-Authorization of Medical Care, Settlement Proceeds Not Subject to Lien, Date of Development of Injury. Larson's surveys the latest case developments that you... Read More

Use of Workers’ Comp Doctrines Within Tort Arena: Borrowed Legal Doctrines Don’t Really Fit
Posted on 10 Nov 2013 by Thomas A. Robinson

Attention Lexis Online Subscribers: Citations below link to lexis.com. Bracketed citations link to Lexis Advance . During a conversation years ago with my mentor and friend, Arthur Larson, I asked him if there were special challenges in teaching workers’... Read More

Oregon: Physician’s Injuries in Hospital Parking Lot Not Barred by Going and Coming Rule
Posted on 27 Apr 2018 by Thomas A. Robinson

An injury that occurs when a worker is going to work is compensable if the worker is within the employer's direction and control at the time of the injury; it is not barred by the usual “going and coming” rule, said an Oregon appellate... Read More

Texas: Weekly Stipend Loosely Tied to Travel Does Not Make Worker Traveling Employee
Posted on 3 Nov 2017 by Thomas A. Robinson

Where an employer paid a “field electrician” a weekly stipend of $75, but neither (a) required the employee to keep records regarding travel expenses nor (b) required the additional payment to be spent for travel, the employee would not be... Read More

West Virginia: Accident in Employer’s Vehicle While on Paid Lunch Break Still Barred by Going and Coming Rule
Posted on 28 Mar 2014 by Larson's Spotlight

That a worker was driving a company vehicle and subject to being called back to work at the time he was rear-ended by a third party during a paid lunch break did not mean the injuries were compensable since the worker was not performing a work-related... Read More