Where an employer determined that there was inadequate parking for its employees immediately adjacent to its offices and arranged through its landlord to secure additional parking spaces in a nearby parking lot, and encouraged its employees to utilize those spots...
A home health care aide, who sustained injuries when she slipped and fell on wet grass outside her client’s residence, did not sustain an accidental injury arising out of and in the course of her employment, held a state appellate court. Noting that the aide was...
Applying the three-prong Slaugenhaupt test [see Slaugenhaupt v. United States Steel Corp. , 31 Pa. Commw. 329, 376 A.2d 271 (1977), the Commonwealth Court of Pennsylvania found that a janitor’s claim was not barred by the going and coming rule when he slipped and...
A New Jersey appellate court held that a parking lot that was owned by a township and adjacent to a township library was nevertheless not part of the library's "premises," for purposes of a civil action filed by a township librarian and her husband...
Construing New York's "gray area" rule, which holds that where the risks of street travel merge with the risks attendant with employment, the mere fact that the accident took place on a public road or sidewalk will not ipso facto negate the right...
A New York employee who was struck by a car while crossing the street in front of his employer's work premises did not sustain an injury arising out of and in the course of the employment, held a state appellate court, affirming a finding by the state's...
The Supreme Court of Pennsylvania continued to define an employer’s “premises” broadly, indicating the term must be understood to include any area that is integral to an employer’s business operations, including reasonable means of ingress or egress from the employee...
Employing the restrictive rule in Arkansas, which excludes workers’ compensation benefits for injuries “inflicted upon the employee at a time when employment services were not being performed” [see Ark. Code Ann. § 11-9-102(4)(B)(iii)], a state appellate court...
A Louisiana appellate court affirmed a trial court’s decision granting summary judgment to an employer in a civil action filed by a worker who sustained injuries in an elevator incident on the employer’s premises approximately one-half hour before beginning her...
Quoting Larson's Workers' Compensation Law , both on the general issue of causation (§ 46.03) and also regarding the doctrine of unexplained falls (§ 7.04), the Supreme Court of Utah affirmed an award of benefits to a worker who sustained serious injuries...
Under the Texas “access doctrine”—an exception to the going and coming rule—where the employer has evidenced an intention that the employee utilize a particular access route or area in going to and from work, and where that access route...
Where a Georgia employee was injured in the break room in the process of taking her lunch outside during a scheduled lunch break, the state’s Board of Workers' Compensation did not err by applying the scheduled lunch break exception and by ruling that the ingress...
Injuries sustained by an Ohio office worker when she fell in a parking lot adjacent to the building housing her office were compensable, since they arose out of and in the course of her employment, held an appellant court recently. The worker had clocked out for...
Where an employee told her supervisor that she was quitting and she fell on her way out of the employer’s store, she was nevertheless entitled to workers’ compensation benefits for her injuries since her employment included incidents that occurred within a reasonable...
Where a claimant’s injury occurred on a public street as she crossed from one of several parking lots provided by the employer to her workplace, her injuries did not arise out of and in the course of her employment, held a state appellate court. Quoting Larson...