Workers' Compensation

Recent Posts

South Dakota: Horseplay Injury During Lull in Workday Found Compensable
Posted on 12 Jun 2015 by Larson's Spotlight

The Supreme Court of South Dakota awarded workers’ compensation benefits to a construction worker who sustained a severely broken leg when he tried to jump a trench while running at a construction site. The state’s Department of Labor and... Read More

The Top 10 Bizarre Workers' Comp Cases for 2013
Posted on 2 Jan 2014 by Thomas A. Robinson

© Copyright 2014 LexisNexis. All rights reserved. For reprint permission, contact Robin.E.Kobayashi@lexisnexis.com . During the past several Januarys, I’ve shared with readers my annual list of bizarre workers’ compensation cases for... Read More

Missouri: Prankster Denied Workers’ Comp Benefits After Starting Fire at Work
Posted on 28 Jun 2016 by Martin Klug

The Missouri Labor and Industrial Relations Commission denied benefits to a claimant who burned himself after he intentionally lit a can of industrial adhesive on fire to startle to a co-worker. The claimant lapsed into a coma as a result of his injuries... Read More

Mississippi: Employer Was Not Liable to Third Person for Injuries Caused by Employee's Horseplay
Posted on 16 Feb 2018 by Thomas A. Robinson

A Mississippi truck driver employed by an independent hauler may not maintain a civil action against one of the hauler’s customers, whose own employee engaged in a horseplay incident with the driver by giving him a “bear hug” and throwing... Read More

The Top 10 Bizarre Workers’ Compensation Cases for 2015
Posted on 3 Jan 2016 by Thomas A. Robinson

Last November, I had the pleasure of speaking at the 24th Annual National Workers’ Compensation and Disability Conference in Las Vegas. My session was a spin-off of what has become one of my most popular annual blog offerings—a presentation... Read More

Kentucky: Igniting Cigarette Lighter While Holding Unidentified Explosive Object Was Not Horseplay
Posted on 25 Sep 2015 by Larson's Spotlight

A Kentucky appellate court affirmed a determination by the state’s Workers’ Compensation Board that a heavy equipment operator’s severe injuries did not result from horseplay where evidence suggested that a co-worker serving as a “spotter”... Read More

New York: Golf Club Attendant May Sue Co-Employee for “Errant” Swing of Golf Shaft
Posted on 17 Mar 2017 by Thomas A. Robinson

Applying New York’s rule regarding co-employee immunity—that in order for a co-employee to be shielded from liability, the co-employee must (a) have been acting within the scope of his or her employment and (b) not have been engaged in a willful... Read More

Mississippi: Pipefitter’s Injuries From 25-Foot Fall From Tree Not Compensable
Posted on 18 Nov 2016 by Thomas A. Robinson

In a divided decision, the Court of Appeals of Mississippi held that a pipefitter, who sustained severe injuries when he fell some 25 feet from the top of a gum tree, was engaged in inappropriate horseplay at the time of the injury, such that the injury... Read More

New Mexico: Compensation Awarded to “Non-Participating” Victim of Horseplay
Posted on 28 Feb 2014 by Larson's Spotlight

A New Mexico appellate court recently affirmed an award of benefits to a worker injured during a workplace horseplay incident in which she was grabbed around her shoulders and lifted off the ground. When an MRI indicated she suffered from “significant”... Read More

The Thin Line Between Horseplay and the Initial Physical Aggressor Defense
Posted on 7 Oct 2011 by Calif. WCAB Noteworthy Panel Decisions Reporter

A recent California case with a wild factual scenario provides guidance on the important factual distinctions between horseplay and the initial physical aggressor defense California Labor Code Section 3600 sets forth a number of conditions that must... Read More

A Roll In the Hay: Delaware’s Horseplay Defense and Australia’s Sex Romp Case Revisited
Posted on 25 Apr 2012 by Cassandra Roberts

My post of 4/23/12, "Kangaroo Court: How Would Delaware Handle the Australian Hotel Sex Romp Case?" prompted a rare follow-up comment from Chief Hearing Officer Chris Baum that I cannot get out of my head. Thus, I am back again with the case... Read More

"Blunder Down Under" – An Interview With Cassandra Roberts On the Australian Rough Sex In A Hotel Workers’ Compensation Claim
Posted on 26 Jun 2012 by Cassandra Roberts

Cassandra Roberts of Young, Conaway, Stargatt & Taylor LLP discusses an Australian workers' comp case involving injury to a government worker attending a conference (referred to the Australian rough sex case), the view of course and scope in Australia... Read More

Paintballing, Wrestling and a Head-Banging Good Time: Another Commentary on Horseplay in Delaware
Posted on 27 Apr 2012 by Cassandra Roberts

We had so much fun talking about that Australian Hotel Sex Romp case and as such, this post will continue to let the good times roll. The happenings in Australia have been impactful on the local front as they have promoted discussion of our own laws on... Read More