Workers' Compensation

Recent Posts

Texas: Court Utilizes Going and Coming Rule to Bar Recovery in Tort Action
Posted on 27 Dec 2021 by Thomas A. Robinson

A Texas appellate court held the so-called “going and coming” rule in the workers’ compensation sphere could be utilized to bar recovery against an employer in a civil action that alleged the employer’s employee was negligent in... Read More

South Dakota: Court Uses Going and Coming Rule to Gauge Scope of Employment in Tort Case
Posted on 3 Oct 2021 by Thomas A. Robinson

The “going and coming” rule, which generally holds that a worker’s commute to and from home is outside the scope of the employment if he or she has a fixed locus of employment and fixed hours, could also be utilized in a negligence action... Read More

Pennsylvania: Janitor’s Injury Near Building’s Entrance Not Barred by Going and Coming Rule
Posted on 28 Jul 2021 by Thomas A. Robinson

Applying the three-prong Slaugenhaupt test [see Slaugenhaupt v. United States Steel Corp. , 31 Pa. Commw. 329, 376 A.2d 271 (1977), the Commonwealth Court of Pennsylvania found that a janitor’s claim was not barred by the going and coming rule when... Read More

New Jersey: Township Librarian May Sue in Tort For Parking Lot Injuries
Posted on 8 Feb 2021 by Thomas A. Robinson

A New Jersey appellate court held that a parking lot that was owned by a township and adjacent to a township library was nevertheless not part of the library's "premises," for purposes of a civil action filed by a township librarian and... Read More

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