Workers' Compensation

Recent Posts

New York: Retail Worker Who Slipped on Wet Surface Near Entrance to Shopping Mall was Denied Benefits
Posted on 26 Jul 2020 by Thomas A. Robinson

Construing New York's "gray area" rule, which holds that where the risks of street travel merge with the risks attendant with employment, the mere fact that the accident took place on a public road or sidewalk will not ipso facto negate... 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

Arkansas: Worker Injured While Retrieving Lunch is Denied Benefits
Posted on 20 Nov 2019 by Thomas A. Robinson

Employing the restrictive rule in Arkansas, which excludes workers’ compensation benefits for injuries “inflicted upon the employee at a time when employment services were not being performed” [see Ark. Code Ann. § 11-9-102(4)(B... Read More

Georgia: Injury Sustained On Premises During Scheduled Lunch Break Not Compensable
Posted on 8 Nov 2018 by Thomas A. Robinson

Where a Georgia employee was injured in the break room in the process of taking her lunch outside during a scheduled lunch break, the state’s Board of Workers' Compensation did not err by applying the scheduled lunch break exception and by ruling... 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

Maryland: Police Offer’s Injuries Avoiding His 2-Year-old Found Not Compensable
Posted on 28 Jul 2016 by Thomas A. Robinson

A Prince George’s County police detective, who sustained ankle and knee injuries when he jumped to the side near the front door of his residence to avoid his two-year-old child as he exited his residence en route to retrieve his police cruiser,... Read More

Wawa and the Warehouse: Mixed Bag Results on Course & Scope in Delaware
Posted on 4 Oct 2013 by Cassandra Roberts

Today is all about me……. (Just kidding.... well, kinda, sorta)….. I offer you two very recent rulings on course and scope, both of which are mine. In the interest of parity, and lest you think I only profile my wins, we have one which... Read More

They’ve Paved Paradise and Put Up a Parking Lot….a Delaware Primer on the Premises Rule
Posted on 13 Nov 2012 by Cassandra Roberts

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

Happy Birthday, Cruiser T…..and a Premises Rule Decision In DE That’s a Gift for Claimants Everywhere
Posted on 10 Dec 2012 by Cassandra Roberts

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

They’ve Paved Paradise and Put Up a Parking Lot….a Delaware Primer on the Premises Rule
Posted on 13 Nov 2012 by Cassandra Roberts

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

Happy Birthday, Cruiser T…..and a Premises Rule Decision In DE That’s a Gift for Claimants Everywhere
Posted on 10 Dec 2012 by Cassandra Roberts

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

Two Out of Three Ain't Bad-- A Little Ditty about Course and Scope in Delaware
Posted on 8 Jul 2011 by Cassandra Roberts

Last month must have been course and scope month at the IAB. Three recent releases from the IAB all discuss the issue of course and scope, specifically the "going and coming rule". I myself took a little trip down to Baltimore two nights ago... Read More