Oakland – A new California Workers’ Compensation Institute (CWCI) study finds that average paid losses on California workers’ compensation lost-time claims fell immediately after legislative...
By Thomas A. Robinson, Co-Editor-in-Chief, Workers’ Compensation Emerging Issues Analysis (LexisNexis) As we move through the third decade of the twenty-first century, the United States remains...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Industrially injured workers in California are entitled to receive...
CALIFORNIA COMPENSATION CASES Vol. 88, No. 9 September 2023 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board It is well-settled law that federally recognized Indian Tribes have...
A Georgia trial court erred when it granted summary judgment in favor of an employer in a civil action filed against it (and others) following the fatal shooting of an employee in a parking lot adjacent to the employer’s grocery store, when the employee worked. Noting that at the time of the shooting, which occurred during an abortive armed robbery, the deceased employee had clocked out and left the store’s premises, the court stressed that issues of fact existed as to whether the deceased employee was “in the course of” her employment when she was shot. The deceased was standing in the parking lot, talking to another employee about matters unrelated to the store’s operation, when a car approached and two armed men got out, demanding their purses and wallets. A shootout ensued between the would-be robbers and an assistant store manager, who had just locked the store. The court noted that the parking lot was not owned by the employer and served not only the employer’s customers, but those of adjacent stores as well. The factual issues precluded summary judgment, said the court.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Smith v. Camarena, 2019 Ga. App. LEXIS 631 (Oct. 30, 2019)
See generally Larson’s Workers’ Compensation Law, § 13.04.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see