Workers' Compensation

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Illinois: Minor Deviation Results in No Recovery for Trip and Fall Injuries
Posted on 22 May 2021 by Thomas A. Robinson

Where a university employee tripped and fell as she tried to step over a chain barrier outside the university’s personnel department, where she had intended to turn in her semi-weekly timecard, her injury claim was not compensable, held an Illinois... Read More

New York: Home Health Attendant's Short Visit to Physician's Office was not Disqualifying Deviation
Posted on 8 Feb 2021 by Thomas A. Robinson

Reversing the state's Workers' Compensation Board, a New York appellate court said the Board's decision that a live-in home health attendant--who provided comprehensive care to one client, 24 hours a day, seven days per week--was engaged in... Read More

Colorado: Death Benefits Awarded in Spite of Traveling Employee's Intoxication
Posted on 18 Sep 2020 by Thomas A. Robinson

An airline pilot's "deviation" ceased when he and a colleague stopped drinking and retired to the colleague's hotel room--the pilot was so inebriated that he could not find his own hotel--held a Colorado appellate court. Accordingly... Read More

Mississippi: Employee's Deviation While Traveling Means Injury Claim Is Not Compensable
Posted on 24 Apr 2020 by Thomas A. Robinson

In a divided decision, the Court of Appeals of Mississippi affirmed a decision by the state's Workers' Compensation Commission that denied workers' compensation benefits to a traveling salesman who suffered severe injuries in an automobile... Read More

Iowa: Modest Deviation from Ordinary Route Was Insufficient to Remove In-Home Healthcare Nurse From Her Employment
Posted on 31 Jul 2019 by Thomas A. Robinson

Where a registered nurse provided in-home health care services and sustained injuries in an automobile accident as she traveled to her first patient of the day, her injuries arose out of and in the course of the employment, held an Iowa appellate court... Read More

Ohio: Business Owner’s Injuries in Commute to Informal Breakfast Meeting Found Compensable
Posted on 30 May 2019 by Thomas A. Robinson

An owner/employee’s decision to meet two subordinate employees for breakfast and a general business discussion meant that injuries sustained in a car accident on the way to the restaurant arose out of and in the course of the employment, in spite... Read More

New York: Deviation to Get Beer/See Girlfriend Sink Farm Worker’s Claim
Posted on 28 Nov 2018 by Thomas A. Robinson

Where a New York farm worker took a short break to get a beer and see his girlfriend, who was moving her belongings into the worker’s employer-provided residence located across the road from the employer’s farm, that deviation was sufficient... Read More

Mississippi: Switching to Jeep From Motorcycle Due to Potential Bad Weather Was Deviation From Employment
Posted on 28 Jul 2016 by Thomas A. Robinson

The state’s Workers’ Compensation Commission did not err in reversing the administrative judge’s determination that a worker was acting in the scope of his employment when, in anticipation of bad weather, he rode toward his house after... Read More

Oregon: Traveling Employee’s Death While Returning from Shopping Trip Was Not Compensable
Posted on 6 Oct 2017 by Thomas A. Robinson

A person in the status of a traveling employee is continuously within the course and scope of the employment while traveling, except when the person is engaged in a distinct departure on a personal errand, held the Court of Appeals of Oregon. Accordingly... Read More

Ohio: MapQuest Data Helps Prove Extent of Worker’s Deviation From Employment
Posted on 12 Sep 2014 by Larson's Spotlight

A jury’s consideration of MapQuest data that showed that a pharmacy and a restaurant were more than eight miles apart was not error in spite of the fact that the data was not fully authenticated, held an Ohio appellate court. The jury’s determination... Read More

South Dakota: Horseplay Injury During Lull in Workday Found Compensable
Posted on 12 Jun 2015 by Larson's Spotlight

The Supreme Court of South Dakota awarded workers’ compensation benefits to a construction worker who sustained a severely broken leg when he tried to jump a trench while running at a construction site. The state’s Department of Labor and... Read More

Pennsylvania: Gun-Wielding Store Manager’s Death While Attempting to Stop Robber Found Compensable
Posted on 30 May 2014 by Larson's Spotlight

A Pennsylvania appellate court, reversing a decision of the state’s Workers’ Compensation Appeals Board, has determined that a convenience store manager did not abandon his employment and was furthering the business affairs of his employer... Read More

North Carolina: Fatal Auto Accident Not in Course and Scope of Employment
Posted on 27 Oct 2017 by Thomas A. Robinson

A North Carolina appellate court affirmed the denial of workers’ compensation death benefits to the dependents of an employee, who worked as a supervisor for a public nonprofit agency and who sustained fatal injuries in a one-vehicle accident in... Read More

Pennsylvania: Part-Time Cook Awarded Benefits After Co-Worker’s Dog Bit Him in the Face
Posted on 14 Nov 2014 by Larson's Spotlight

A part-time line cook who, while he was taking a smoke break with several co-workers, sustained facial lacerations and permanent scarring when he was bitten in the face by a co-worker’s dog, is due workers’ compensation benefits since the... Read More

Georgia: Provision of Motel Room Over a Week-End Did Not Create “Continuous Employment” Scenario
Posted on 17 Mar 2017 by Thomas A. Robinson

A Georgia appellate court, in a divided decision, reversed a trial court’s determination that a worker was a “continuous employee” and, accordingly, was due workers’ compensation benefits for an injury sustained on a Sunday afternoon... Read More