In an unusual case involving horseplay, a New York appellate court affirmed a state trial court's decision that had refused to grant summary judgment to a defendant-co-employee who had been sued by a plaintiff/co-worker following that co-worker's injuries...
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 fall accident...
In an unusual case in which a California court entered a $2.9 million judgment against a former employer who mishandled the green card application process of one of its employees, which resulted in the forced return of the employee and his family to England, a...
Two core concepts of the Virginia Workers’ Compensation Act: the “arising out of” requirement and the “in the course of employment” requirement are not synonymous. Both conditions must be proved in order to justify the award of benefits, held a state appellate...
A Nebraska appellate court affirmed the denial of workers’ compensation death benefits to the family of a county deputy who sustained fatal injuries in a car crash that occurred as the deputy drove his private vehicle home some five minutes after he had clocked...
That an overnight attendant at a rest area knew his assailant—a former co-employee—and could not show that the assailant’s motives were related to the employment—the assailant committed suicide shortly after the attack—did not mean...
A worker’s injury, in the form of brain damage due to oxygen deprivation following a non-work-related medical emergency, did not arise out of the employment in spite of the employer’s failure to utilize an automated external defibrillator (AED) to aid the employee...
Substantial evidence supported the Commission’s finding that an office worker sustained compensable injuries when she slipped on a wet marble floor as she stepped into Arkansas’ Capitol building about fifteen minutes before her work day began, in spite of the relatively...
In Arkansas, in order for an employee to establish that the injury arose out of and in the course of the employment, the claimant must prove that he or she was “performing employment services” when he or she was injured. In spite of that limiting provision in the...
In a case with bizarre facts, a worker who alleged that he sustained injuries when he was physically assaulted by the husband of a co-worker and then intentionally struck by the husband’s vehicle as the worker tried to block the path of the assailant did not sustain...
Acknowledging its earlier adoption of the “quantum theory of work connection,” described in Larson’s Workers’ Compensation Law , under which the “arising out of” and “in the course of” tests are not independent, but...
A Louisiana appellate court affirmed a ruling by a workers’ compensation judge that the claimant, an office worker, had not suffered an occupational disease within the meaning of the state’s Workers’ Compensation Act related to her alleged exposure to mold in the...
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 return to...
Stressing the crucial difference between an “unexplained” fall and an “idiopathic” fall, a North Carolina appellate court affirmed the denial of benefits to a municipal worker who suffered injuries when he fainted and collapsed after getting choked on an e-cigarette...
Substantial evidence supported an award of benefits to a housekeeper who worked for a couple at both their private residence in Manhattan and the Hamptons the evidence indicated the housekeeper, while staying overnight at the Hamptons residence, sustained injuries...