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 agreed with...
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...
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 plant owned...
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 in which there is a distinct personal...
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 that since...
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...
An airline flight attendant, who was based in Ohio, did not sustain an injury arising out of and in the course of her employment when, during a layover, she fell on a public sidewalk in New York City as she returned to an inn after walking to a nearby restaurant...
A Texas trial court appropriately found plaintiff’s wrongful death action barred by the exclusive remedy provisions of the Texas Workers’ Compensation Act where the deceased employee suffered fatal injuries in a vehicle accident as he and others traveled to a job...
Where an employee worked as manager at one of the employer’s three donut shops, was occasionally required to respond to operational issues at the other two shops, and sustained fatal injuries in an vehicle accident as he traveled from his residence to one of the...
A Prince George’s County police detective, who sustained ankle and knee injuries when he jumped to the side near the front door of his residence to avoid his two-year-old child as he exited his residence en route to retrieve his police cruiser, did not sustain...
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 reasoned that while it...
An Illinois appellate court held that a flight attendant was not a traveling employee for purposes of the state’s Workers’ Compensation Act when she injured her knee on a flight from Denver to New York on the day before she was scheduled to work on...
An employee who traveled from his home base in North Carolina to Dallas, Texas on a business trip did not sustain injuries arising out of and in the course of his employment when he was involved in an automobile accident as he made his way to meet his son, a Dallas...
A divided Supreme Court of Texas affirmed a determination that an employee was acting in the course and scope of his employment when he died in an automobile accident while traveling to a job site located some 40 miles from a motel where he as staying. Noting that...
A truck driver, who worked as a car hauler for a company that delivered new automobiles to various car dealerships is considered to be a “traveling employee” while making those various deliveries; his ordinary commute from his home to his employer’s...