LexisNexis® Legal Newsroom
Five Recent Cases You Should Know About (4/19/2010)

Larson’s Spotlight on Black Lung, Physical Ability Test, Hugging and Deviation From Employment, Credit for Allowance Paid to Furloughed Worker, and Assault Related to Theft of Employee’s Car. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson...

MO: Hunting Trip Accident Denied Under Mutual Benefit Doctrine

Claimant failed to prove benefits under the mutual benefit or dual purpose doctrine when he flipped his truck on a country road at 5:45 a.m. on a Saturday morning. Claimant was found in camouflage with a deer rifle in his truck. The Commission reversed an award of permanent and total benefits to the...

A Roll In the Hay: Delaware’s Horseplay Defense and Australia’s Sex Romp Case Revisited

My post of 4/23/12, "Kangaroo Court: How Would Delaware Handle the Australian Hotel Sex Romp Case?" prompted a rare follow-up comment from Chief Hearing Officer Chris Baum that I cannot get out of my head. Thus, I am back again with the case in Australia....and not because I obsessed with sex...

A Roll In the Hay: Delaware’s Horseplay Defense and Australia’s Sex Romp Case Revisited

My post of 4/23/12, "Kangaroo Court: How Would Delaware Handle the Australian Hotel Sex Romp Case?" prompted a rare follow-up comment from Chief Hearing Officer Chris Baum that I cannot get out of my head. Thus, I am back again with the case in Australia....and not because I obsessed with sex...

Paintballing, Wrestling and a Head-Banging Good Time: Another Commentary on Horseplay in Delaware

We had so much fun talking about that Australian Hotel Sex Romp case and as such, this post will continue to let the good times roll. The happenings in Australia have been impactful on the local front as they have promoted discussion of our own laws on course and scope and the available defense to injuries...

Paintballing, Wrestling and a Head-Banging Good Time: Another Commentary on Horseplay in Delaware

We had so much fun talking about that Australian Hotel Sex Romp case and as such, this post will continue to let the good times roll. The happenings in Australia have been impactful on the local front as they have promoted discussion of our own laws on course and scope and the available defense to injuries...

"Blunder Down Under" – An Interview With Cassandra Roberts On the Australian Rough Sex In A Hotel Workers’ Compensation Claim

Cassandra Roberts of Young, Conaway, Stargatt & Taylor LLP discusses an Australian workers' comp case involving injury to a government worker attending a conference (referred to the Australian rough sex case), the view of course and scope in Australia and the subsequent blog posts she wrote about...

The New Mobile Workforce: Telecommuters, Alternate Worksites, Traveling Employees, and "Extreme Mobile"

At the 21st Annual National Workers’ Compensation and Disability Conference ®, Nov. 7-9, Stuart D. Colburn of Downs Stanford will speak and moderate on The New Mobile Workforce. The new mobile workforce – from telecommuters to alternate worksites to traveling employees – raises...

Pennsylvania: Shortness of Deviation Time Not Determinative to Claim

Reversing a decision by the state's Workers' Compensation Appeal Board that, in turn, had affirmed a judge's award of workers' compensation benefits to a claimant who sustained serious injuries to his thumb when he stepped away from his post for a few minutes to polish a bolt for his...

WV: “Good Samaritan” Employee Denied Recovery for Injury Helping Co-Worker

The Supreme Court of Appeals of West Virginia recently affirmed a decision by the state’s Board of Review that had denied workers’ compensation benefits to a secretary who hurt her wrist and shoulder while helping a contract employee of the employer lift a box of maternity clothes that had...

New Mexico: Compensation Awarded to “Non-Participating” Victim of Horseplay

A New Mexico appellate court recently affirmed an award of benefits to a worker injured during a workplace horseplay incident in which she was grabbed around her shoulders and lifted off the ground. When an MRI indicated she suffered from “significant” spinal stenosis, including cervical...

Kentucky: Divided Supreme Court Draws Distinction Between Deviations in Work Performance and Those During Personal Comfort Activity

A divided Supreme Court of Kentucky held that injuries sustained during a paid break by an office worker, when she was hit by a car as she crossed a street in front of her employer’s premises did not arise out of and in the course of her employment because she failed to use an available cross-walk...

Texas: Traveling Employee’s Fatal Car Accident Was Not Within Course and Scope of Employment

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 resident, for dinner at a restaurant...

South Carolina: Under “Divided Premises” Rule, Injuries Sustained on Public Street Are Compensable

The South Carolina Supreme Court has held that a state university professor, who sustained injuries when she was struck by a car as she crossed a public road that separated the university’s library, where she had been working, and a university parking lot, where she had parked her vehicle, should...