Workers' Compensation

Recent Posts

South Carolina: Recreation Superintendent’s Accident Retrieving Keys Did Not Arise Out of and In the Course of Employment
Posted on 2 Jan 2016 by Larson's Spotlight

A South Carolina appellate court affirmed a decision by the state’s Appellate Panel that a former Superintendent of the Parks and Recreation Department for the City of Spartanburg was not in the course and scope of his employment when he was killed... Read More

Wisconsin: Injuries Sustained in Car Crash After Drinking Spree Were Within Scope of Employment
Posted on 19 May 2016 by Larson's Spotlight

Injuries sustained by a sales manager for a beverage distributor in an auto accident as he and a co-employee returned home at 1:00 a.m., after delivering beer more than six hours earlier to one of their employer’s restaurant customers, and also... Read More

Mississippi: Driver’s Failure to Wear Seatbelt and to Turn on Headlights Did Not Equate to Willful Intent to Injure Himself
Posted on 10 Oct 2014 by Larson's Spotlight

In a split decision, a Mississippi appellate court has affirmed a finding by the state’s Workers’ Compensation Commission that an employee’s claim was not barred by the going and coming rule since the accident fell within the employer... Read More

Louisiana: Bonuses Paid at Start and Finish of Out-of-State Work Did Not Turn Travel Into Employment Activity
Posted on 22 Jan 2016 by Larson's Spotlight

A Louisiana appellate court affirmed summary judgment in favor of a defendant employer whose employee rear-ended a van, killing the van’s driver and causing catastrophic injuries to the plaintiff who was a passenger in the van. At the time of the... Read More

Illinois: “Traveling Employee” Rule Relates to Comp Cases Only; May Not Be Extended to Tort Law
Posted on 13 Sep 2013 by Larson's Spotlight

An Illinois appellate court recently held that workers’ compensation law’s “traveling employee” doctrine may not be extended into the tort law arena so as to support a claim that an employer was liable, upon respondeat superior... Read More

Texas: Traveling Employee’s Fatal Car Accident Was Not Within Course and Scope of Employment
Posted on 13 Nov 2015 by Larson's Spotlight

An employee who traveled from his home base in North Carolina to Dallas, Texas on a business trip did not sustain injuries arising out of and in the course of his employment when he was involved in an automobile accident as he made his way to meet his... Read More

Federal: Employee’s Death in Taxi Accident While He Shopped for Groceries Found Compensable Under Defense Base Act
Posted on 17 Jul 2015 by Larson's Spotlight

The 1st Circuit Court of Appeals affirmed an award of death benefits under the Defense Base Act (DBA) to the widow of an employee who died in an auto accident in Tbilisi, Georgia, while traveling by taxi to shop for groceries. The employee worked for... Read More

California: Appeals Court Reverses W.C.A.B. Application of Going and Coming Rule
Posted on 7 Jan 2015 by Richard M. Jacobsmeyer

The 2nd District Court of Appeal has reversed a W.C.A.B. decision, which had in turn reversed a WCJ decision in a going and coming rule case. In Shultz v W.C.A.B. (Joint Test Tactics And Training (JT3)) , the court ultimately determined that the employee... Read More

Illinois: Evidence of Control Supports Employment Relationship for Long-Haul Truck Driver
Posted on 8 May 2015 by Larson's Spotlight

A divided Illinois appellate court affirmed a decision awarding workers’ compensation benefits to a long-haul truck driver on the basis that he was an employee and not an independent contractor in spite of the fact that the driver owned and supplied... Read More

Virginia: Injuries Sustained When Run-away Car Drove Through Employer’s Exterior Wall Are Compensable
Posted on 6 Mar 2015 by Larson's Spotlight

Injuries sustained by two office workers when a vehicle driven by the owner of their employer abruptly crashed through the exterior wall of the work premises are compensable, held a Virginia court. The employer’s workers’ compensation insurer... Read More

New York: Injured Employee’s Action to Recover Uninsured/Underinsured Motorist Benefits Against Employer’s Liability Carrier Barred
Posted on 15 Aug 2014 by Larson's Spotlight

Where an employee sustained injuries in a motor vehicle accident while in the course of her employment, but could not proceed in tort against the responsible driver, a co-employee, because of the exclusive remedy provisions of the New York Workers’... Read More

Wyoming: Jury Determination That Driver Was Within Course of Employment Not Binding on Administrative Hearings Office
Posted on 4 Apr 2014 by Larson's Spotlight

Quoting Larson’s Workers’ Compensation Law and observing that the test of liability in the workers' compensation setting is not the relation of an individual's fault or negligence to an event, as it is within the tort arena, but rather... Read More

California: Entire Air Force Base is Employer’s “Premises” for Purposes of Going and Coming Rule
Posted on 9 Jan 2015 by Larson's Spotlight

A California appellate court held that in as much as a civilian employee worked at a U.S. Air Force base and often traveled to multiple locations throughout the base to perform his work for the employer, the entire base constituted the employer’s... Read More

Texas: Truck Driver’s Estate Fails to Rebut Marijuana Intoxication Presumption
Posted on 24 Jul 2015 by Larson's Spotlight

A Texas appellate court affirmed a trial court’s decision that a truck driver’s death in a vehicular accident did not arise out of and in the course of the employment where an autopsy report revealed the presence of THC, the active ingredient... Read More

Maryland: State Trooper’s Injuries in Personal Vehicle Not Barred by Going and Coming Rule
Posted on 9 Oct 2015 by Larson's Spotlight

Applying Maryland’s “free transportation” exception to the normal going and coming rule, a state appellate court affirmed an award of workers’ compensation benefits to a state trooper who sustained injuries in a vehicular accident... Read More