Workers' Compensation

Recent Posts

Oregon: Traveling Employee’s Death Caused by Metastatic Lung Cancer, Not any Work-Related Injury
Posted on 8 Mar 2019 by Thomas A. Robinson

An Oregon appellate court recently affirmed the denial of death benefits to a surviving spouse whose husband died seven days after sustaining a fracture in his left femur while walking through a hotel lobby during a business trip. The claimant contended... Read More

Kansas: Roofer Struck by Drunk Driver at 2:20 A.M. While Walking to Hotel Cannot Recover Benefits
Posted on 15 Jun 2018 by Thomas A. Robinson

A Kansas roofer, who worked as part of a construction crew in Enid, Oklahoma, who stayed in a hotel there will he and others performed their roofing services and who was struck by a drunk driver as he crossed a street at 2:20 a.m. from a bar so as to... Read More

National and State-by-State Workers' Comp News Roundup Powered by Larson's (6/24/2013)
Posted on 24 Jun 2013 by LexisNexis Communities Staff

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: Fitch Reports Underwriting Results Expected to Improve... Read More

Arkansas: Car-pooling With Co-Employee Does Not Bring Commute Within Course and Scope of Employment
Posted on 16 Jun 2016 by Larson's Spotlight

Substantial evidence did not support an award of workers’ compensation death benefits to an employee’s minor child where the employee was fatally injured in a car accident while carpooling home, held an Arkansas appellate court. The Court... Read More

Vermont Workers' Compensation Update: October to December 2014
Posted on 7 Jan 2015 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. The long awaited proposed re-write of the VT WC Rules has been unveiled and will be ready for public comment soon. ... Read More

Injury Occurring After Termination Covered by Comp: Cal. Comp. Cases January Advanced Postings (1/10/2014)
Posted on 10 Jan 2014 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the January 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights... 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

Illinois: Death Benefits Awarded for Exotic Medical Condition Contracted on Trip to Brazil
Posted on 21 Nov 2014 by Larson's Spotlight

An Illinois appellate court has affirmed an award of death benefits to the widow of an executive who died after contracting Neisseria meningitides, apparently while on a business trip to Brazil. The appellate court noted that the parties had proferred... 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

Larson’s Spotlight on Recent Cases: Intentional Tort for Grain Bin Death Barred by Exclusive Remedy
Posted on 7 Jun 2013 by Larson's Spotlight

Larson's Spotlight on Exclusive Remedy, Mental Injury, Traveling Employee, and Undocumented Worker. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... 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

Oregon: Traveling Employee’s Death While Returning from Shopping Trip Was Not Compensable
Posted on 6 Oct 2017 by Thomas A. Robinson

A person in the status of a traveling employee is continuously within the course and scope of the employment while traveling, except when the person is engaged in a distinct departure on a personal errand, held the Court of Appeals of Oregon. Accordingly... Read More

WA: Traveling Employee Rule Doesn’t Save Drunken Employee’s Dune Buggy Claim
Posted on 11 Apr 2014 by Larson's Spotlight

A claims adjuster who had been assigned remote duties in connection with the devastation to Galveston Island caused by Hurricane Ike and who drank one evening to the point of intoxication did not remain within the scope of employment under the traveling... Read More

Maryland: Employee’s Injuries Sustained While Dancing in Night Club Were Compensable
Posted on 2 May 2014 by Larson's Spotlight

A Maryland appellate court, reversing a decision of the state’s Workers’ Compensation Commission that in turn had been affirmed by a state trial court, held compensable a claim filed by a traveling employee who sustained injuries when he slipped... Read More

Texas: Status as Traveling Employee Works to Bar Wrongful Death Action
Posted on 1 Dec 2017 by Thomas A. Robinson

A Texas trial court appropriately found plaintiff’s wrongful death action barred by the exclusive remedy provisions of the Texas Workers’ Compensation Act where the deceased employee suffered fatal injuries in a vehicle accident as he and... Read More