LexisNexis® Legal Newsroom
Thomas A. Robinson
Virginia: Employee Must Show “Identifiable Incident” to Recover for Injury by Accident

Observing that the question of whether an employee had suffered an “injury by accident” presented a mixed question of fact and law and further, that in Virginia, gradually incurred traumatic injuries or cumulative trauma conditions are not...

Thomas A. Robinson
United States: Wrongful Death Action Following Explosion of Mortar Shell Barred by Exclusivity

Construing Illinois law, a federal district court held that plaintiff’s wrongful death action against the decedent’s employer was barred by the exclusive remedy provisions of the Illinois Workers’ Compensation Act [see 820 ILCS 305/5...

Thomas A. Robinson
Rhode Island: Workers’ Comp Act Trumps CBA’s Arbitration of Reinstatement Disputes

Rhode Island’s Workers’ Compensation Court has exclusive jurisdiction concerning reinstatement disputes. Accordingly, where a union member employee sustained a serious ankle injury, underwent surgery 10 months later, did not request a leave...

Thomas A. Robinson
South Carolina: Injured Employee Entitled to PTD Benefits For Significant Impairment to Back in Spite of Return to Work

Evidence that an injured employee has returned to work in some capacity, standing alone, does not rebut the presumption of total disability where the uncontradicted medical evidence indicates the employee sustained loss of use to his back that exceeded...

Thomas A. Robinson
Ohio: For Going and Coming Rule Purposes, Home Health Care Aide May Not Have Been Fixed-Situs Employee

An Ohio home health aide who worked, at her employer’s direction, at the home of various clients and who sustained injuries in an auto accident as she traveled from one client’s home to that of another, was not as a matter of law a fixed-situs...

Thomas A. Robinson
Colorado: $840,000 Fine For Failure to Insure Was Excessive

The imposition of more than $840,000 fine against an uninsured employer was unconstitutionally excessive under both the 8th Amendment to the U.S. Constitution and a similarly-worded provision of the Colorado constitution, where the fine was based upon...