A Georgia trial court erred when it granted summary judgment in favor of an employer in a civil action filed against it (and others) following the fatal shooting of an employee in a parking lot adjacent to the employer’s grocery store, when the... Read More
Quoting Larson's Workers' Compensation Law , both on the general issue of causation (§ 46.03) and also regarding the doctrine of unexplained falls (§ 7.04), the Supreme Court of Utah affirmed an award of benefits to a worker who sustained... Read More
Acknowledging that Ohio employs exceptions to the usual “going and coming rule,” including the “zone of employment” exception, in which the employer’s premises is deemed to include areas where the employer has control of... Read More
In a case with bizarre facts, a worker who alleged that he sustained injuries when he was physically assaulted by the husband of a co-worker and then intentionally struck by the husband’s vehicle as the worker tried to block the path of the assailant... Read More
Indicating that it was utilizing the “actual risk” test, yet describing what is essentially the “increased risk” test, a Virginia appellate court recently held that injuries sustained by a police officer as he tripped over a cement... Read More
The Supreme Court of Kentucky, citing one of its earlier decisions that extensively quoted Larson’s Workers’ Compensation Law regarding the going and coming rule, recently affirmed a decision by an ALJ, the Board, and the state’s Court... Read More
Three beautiful children.....Ben, Allison and Chase. They belong to my partner Tim Lengkeek. Tim and his wife Michele make pretty kids. Tim makes even prettier law.....be it in work comp or otherwise. Today's post is a gift for all the neophyte... Read More
Today is Cruiser T's first birthday. You may recall that little Cruiser is the younger of my two rescue cats.....his older sister being the infamous Nutella Grace. I think I am going to bring home a vanilla ice cream cake and let Cruiser have at it... Read More
An IRS employee, who sustained injuries in an auto-pedestrian accident that occurred in an employee-designated parking lot, may not maintain another IRS employee; workers’ compensation was her exclusive remedy, held a Utah appellate court. Quoting... Read More
A worker who injured his knee falling on a snowy adjacent parking lot while leaving work was awarded benefits. Scholastic v David Viley, 2014 Mo App. Lexis 1207 (Lexis Advance), 2014 Mo App. Lexis 1207 (lexis.com), WD 77546 (Oct. 28, 2014) This case is... Read More
A store manager who sustained injuries in her employer’s parking lot after she pursued two persons, posing as customers, who stole her purse from the store, could recover workers’ compensation benefits for psychological injuries in the nature... Read More
A divided Supreme Court of Oklahoma held that a university employee sustained injuries arising out of and in the course of her employment when she slipped and fell on ice in a campus parking lot where she had been instructed to park. The majority found... Read More
Where the employer’s parking lot was free of any ice or snow and had no defects on the paved surface where the claimant fell, but was merely wet from rain, claimant’s injury in a slip and fall accident arose from an activity of daily living... Read More
A Missouri appellate court affirmed an award of workers’ compensation benefits to an employee who sustained a severe knee injury when he slipped and fell on ice and snow in a parking lot near his employer’s premises. Acknowledging that the... Read More
An Ohio court affirmed a trial court’s summary judgment in favor of a defendant who had been sued by a co-employee who sustained injuries in a bizarre accident that occurred in the employer’s parking lot. The two employees had completed their... Read More