Workers' Compensation

Recent Posts

Colorado: Death Benefits Awarded in Spite of Traveling Employee's Intoxication
Posted on 18 Sep 2020 by Thomas A. Robinson

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

New York: Remote Regular Travel to Worksite is not "a Commute"
Posted on 17 May 2020 by Thomas A. Robinson

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

North Carolina: Court Construes "Traveling Employee" Rule Narrowly
Posted on 17 May 2020 by Thomas A. Robinson

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

Michigan: Appellate Court Clarifies Exceptions to the State’s Going and Coming Rule
Posted on 27 Mar 2020 by Thomas A. Robinson

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

Nevada: Traveling Employee Generally Protected Portal-to-Portal
Posted on 20 Jan 2020 by Thomas A. Robinson

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

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