LexisNexis® Legal Newsroom
MO: Supervisor’s Step Off Sidewalk Did Not Step Her Outside Comp Statute

The State of Missouri refused to provide benefits to a supervisor of a state- run home for abused children, claiming her shoulder injury from a fall on an uneven surface was not a compensable accident when she was walking at work and she did not stay on the pathway but stepped on the grass instead and...

Bad News for Nevada Injured Workers Who Fall at Work?

According to the U.S. Bureau of Labor Statistics, in 2010, about a fifth of all workplace fatalities in Nevada were caused by a worker falling. Almost every serious fall injury I've handled in the Nevada work comp arena in the past fifteen years was caused either by the employer's obvious failure...

Probation Dept. Counselor Stumbles on Way to Break Up Classroom Fight Between Juvenile Detainees: Cal. Comp. Cases January Advanced Postings (1/26/2012)

Here’s the fourth batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes. County of Kern/Kern County Probation Department, PSI, Petitioner v. Workers' Compensation Appeals Board, Gregory Dollar...

Missouri: Benefits Denied For a Train Inspector Who Fell From a Rail Car

A 58-year old train inspector fell more than 20 feet from the top of a rail car resulting in injuries to his back and shoulder. He failed to establish he had an accident to pursue a PTD claim against the second injury fund because he "unfortunately" had no idea how his fall occurred. Gleason...

South Carolina: Nurse Anesthetist’s Fall Was Not idiopathic; Benefits Should Be Awarded

Following remand from the state’s Supreme Court, a South Carolina appellate court held that a fall by a certified registered nurse anesthetist in an operating room was not idiopathic and arose out of and in the course of her employment in spite of the fact that the exact cause of her fall was not...

Missouri: Court Weakens 'Equal Exposure' Defense In a New Parking Lot Case

A worker who injured his knee falling on a snowy adjacent parking lot while leaving work was awarded benefits. Scholastic v David Viley, 2014 Mo App. Lexis 1207 (Lexis Advance), 2014 Mo App. Lexis 1207 (lexis.com), WD 77546 (Oct. 28, 2014) This case is important for two reasons. The commission awards...

Virginia: Worker Fails to Prove Mysterious Fall Was Caused by Employment Conditions

A Virginia employee could not recover workers’ compensation benefits for injuries she sustained when she fell backwards while sitting on a brick wall where she had been resting, held a state appellate court; she had failed to prove that the injury arose out of her employment. Testimony that the...

South Carolina: Supreme Court Moves Close to Positional Risk Standard in Hallway Fall Case

The Supreme Court of South Carolina, moving ever so close to a positional risk standard, reversed a decision by the state’s Court of Appeals, holding that an office employee could recover benefits for injuries sustained when she fell as she walked down an unobstructed carpeted hallway. The court...

Arkansas: Worker Fails to Rebut Presumption That Accident Was “Substantially Occasioned” by Drugs

An Arkansas appellate court has affirmed a decision denying workers’ compensation benefits to a worker who fell as he descended a ladder on the basis that following the accident he tested positive for methamphetamine and that he failed to rebut the statutory presumption in Ark. Code Ann. §...

California: Correctional Officer’s Premises Liability Suit Might Be Barred by Bunkhouse Rule

In a premises liability suit brought against the state by a correctional officer, a California appellate court held it was error for a trial court to grant summary judgment to the state on the basis of the “premises line” exception to the going and coming rule. The officer fell on an allegedly...

Virginia: Court Affirms Denial of Unwitnessed Death Claim

Continuing its stance within the minority of states that refuse to provide a presumption of compensability in cases in which a worker suffers fatal injuries in an unwitnessed accident, a Virginia court has affirmed the denial of death benefits to the estate of a worker who died from injuries caused by...

Arkansas: Injuries Sustained Walking to Employer’s Work Trailer Found Compensable

An Arkansas court ruled that an ironworker sustained a compensable injury when he slipped on ice while walking from the main gate of a construction site to his employer’s work trailer prior to clocking in. The employer argued that the ironworker was not “performing employment services”...

Missouri: Court Reverses Denial of SIF Benefits for Unexplained Fall

A worker fell 20-25 feet from a rail car. He settled his case with the employer and proceeded with a claim for second injury fund benefits. The court of appeals reversed the Commission’s award which denied SIF benefits because claimant failed to prove "why" he fell. Gleason v Treasurer...

Tennessee: Injured Employee’s Backyard Fall No Intervening Act, Employer Liable for Second Knee Surgery

A special workers’ compensation appeals panel of the Supreme Court of Tennessee held that the record supported the trial court’s finding that an employer was liable for medical expenses and disability indemnity that arose from an injured employee’s backyard fall as she attempted to...

Indiana: Injured Employee May Not Sue Employer’s Corporate Parent

Where an employee working for a subsidiary of AT&T, Inc. tripped and fell over the snow-covered legs of a construction sign placed in a walkway adjacent to an ongoing construction project at the AT&T building in downtown Indianapolis, she could not maintain a tort action against another subsidiary...