An airline pilot's "deviation" ceased when he and a colleague stopped drinking and retired to the colleague's hotel room--the pilot was so inebriated that he could not find his own hotel--held a Colorado appellate court. Accordingly... Read More
Acknowledging that under the standard going and coming rule, an employee's injuries sustained in the ordinary travel from his or her home to a specified worksite did not arise out of and in the course of the employment, a New York appellate court... Read More
A North Carolina appellate court, construing the "traveling employee" rule more narrowly than in most states, affirmed a finding by the state's Industrial Commission that denied benefits to an employee who sustained injuries in a slip and... Read More
A state appellate court reversed a decision by the Michigan Compensation Appellate Commission that had denied workers’ compensation benefits to a company auditor who suffered injuries in an auto crash as he drove from his home to a manufacturing... Read More
Quoting Larson’s Workers’ Compensation Law , § 25.01, the Supreme Court of Nevada adopted the “Larson” rule that traveling employees remain within the course of their employment continuously during the travel, except in instances... Read More
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
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
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
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
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
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
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
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
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 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