Workers' Compensation

Recent Posts

New York: Trucker's Reckless Driving Was Not Willful Intent to Injure Herself
Posted on 28 Jun 2020 by Thomas A. Robinson

Stressing that reckless conduct, such as operating a motor vehicle well in excess of a safe limit, did not amount to the sort of willful intent to injure oneself, a New York appellate court affirmed a finding by the state's Workers' Compensation... Read More

Kentucky: Bus Driver’s Aggressive Interaction With Passenger Defeats Claim for Benefits Arising out of “Assault”
Posted on 22 Mar 2019 by Thomas A. Robinson

In a decision that conforms with the majority rule among American jurisdictions, the Supreme Court of Kentucky affirmed a lower court finding that a municipal bus driver was appropriately denied workers’ compensation benefits in connection with... Read More

Ohio: Employer Not Liable For Failure to Implement Substance Abuse Policy
Posted on 22 Mar 2019 by Thomas A. Robinson

A widow’s wrongful death action filed against her deceased husband’s employer for its failure to implement and maintain a substance abuse policy is barred by the exclusive remedy provisions of the Ohio Workers’ Compensation Act, held... Read More

Mississippi: Officer’s Participation in High-Speed Chase Was Not Willful Intent to Injure Himself
Posted on 6 Jul 2017 by Thomas A. Robinson

That a Mississippi patrol officer failed to wear his seatbelt and accelerated his police cruiser to more than 90 mph in the twelve seconds prior to his single-vehicle accident, was insufficient to show that the officer willfully acted with the intent... 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