LexisNexis® Legal Newsroom
Use of Workers’ Comp Doctrines Within Tort Arena: Borrowed Legal Doctrines Don’t Really Fit

Attention Lexis Online Subscribers: Citations below link to lexis.com. Bracketed citations link to Lexis Advance . During a conversation years ago with my mentor and friend, Arthur Larson, I asked him if there were special challenges in teaching workers’ compensation law. Arthur allowed that...

Injury Occurring After Termination Covered by Comp: Cal. Comp. Cases January Advanced Postings (1/10/2014)

Here’s the second batch of advanced postings for the January 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Charter Communications, Inc., New...

Airplane Head Injury, Zone of Danger, Sudden and Extraordinary: Cal. Comp. Cases January Advanced Postings (1/15/2014)

Here’s the third batch of advanced postings for the January 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights reserved. SNCC for Lam Research Corporation...

West Virginia: Accident in Employer’s Vehicle While on Paid Lunch Break Still Barred by Going and Coming Rule

That a worker was driving a company vehicle and subject to being called back to work at the time he was rear-ended by a third party during a paid lunch break did not mean the injuries were compensable since the worker was not performing a work-related activity when he left the employer’s premises...

North Carolina: Flight Attendant’s Injuries on Airport Bus Not Barred By Going and Coming Rule

In an as yet unpublished opinion, the Court of Appeals of North Carolina has affirmed a decision by the state’s Industrial Commission that awarded workers’ compensation benefits in connection with injuries sustained by an airline flight attendant as she was being transported in a crowded...

Kansas: Court of Appeals Errs in Finding Employee’s Claim Barred, as Matter of Law, by Going and Coming Rule

Finding that the evidence on whether an injured employee was at work or leaving work at the time of his injury “was not amenable to only one factual finding,” the Supreme Court of Kansas held the state’s Court of Appeals erred when it decided, as a matter of law, that the employee’s...

California Workers' Comp Case Roundup (6/14/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 5 May 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

Massachusetts: University’s Control of Public Street Doesn’t Turn Street Into Its “Premises,” Injury Claim Barred by Going and Coming Rule

In a decision designated as unpublished, the Appeals Court of Massachusetts held that an M.I.T. employee, who sustained injuries in an accident as he drove his motor scooter home from work, did not sustain an injury arising out of and in the course of the employment; his claim was barred by the going...

Defendant Gets to Select Interpreters for Depositions It Notices: Cal. Comp. Cases August Advanced Postings (8/9/2014)

Here’s the second batch of advanced postings for August 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Flavio Solano, Petitioner v. Workers'...

Mississippi: Driver’s Failure to Wear Seatbelt and to Turn on Headlights Did Not Equate to Willful Intent to Injure Himself

In a split decision, a Mississippi appellate court has affirmed a finding by the state’s Workers’ Compensation Commission that an employee’s claim was not barred by the going and coming rule since the accident fell within the employer-sponsored-travel exception and that the employer...

Pennsylvania: Safety Meeting Held Before Shift Does Not Create Special Mission

A Pennsylvania appellate court affirmed a decision by the state’s Workers’ Compensation Appeal Board that denied a claim of an employee who sustained injuries in an auto accident as he traveled to a safety meeting held before the beginning of one of his work shifts. The court reasoned that...

California Workers' Comp Case Roundup (12/10/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 11 November 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

California: Appeals Court Reverses W.C.A.B. Application of Going and Coming Rule

The 2nd District Court of Appeal has reversed a W.C.A.B. decision, which had in turn reversed a WCJ decision in a going and coming rule case. In Shultz v W.C.A.B. (Joint Test Tactics And Training (JT3)) , the court ultimately determined that the employee was operating his motor vehicle within the course...

California: Entire Air Force Base is Employer’s “Premises” for Purposes of Going and Coming Rule

A California appellate court held that in as much as a civilian employee worked at a U.S. Air Force base and often traveled to multiple locations throughout the base to perform his work for the employer, the entire base constituted the employer’s “premises” for purposes of California’s...

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...

California Workers' Comp Case Roundup (2/12/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 1 January 2015 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2015 LexisNexis. All rights...

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”...

California Workers’ Comp Case Roundup (3/12/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 2 February 2015 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2015 LexisNexis. All rights...

Compound Medications Not Found Reasonable and Necessary Under ACOEM Guidelines, MTUS: Cal. Comp. Cases April Advanced Postings (4/15/2015)

Here’s the fourth batch of advanced postings for April 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Frontline Medical Associates, Inc.,...

Louisiana: Casino Employee’s Parking Lot Injuries Found Compensable

A Louisiana court affirmed an award of workers’ compensation benefits to a casino employee who sustained neck injuries when, as she searched for a parking space in one of the casino’s parking lots where casino employees and employees of casino contractors were instructed to park, her vehicle...

Texas: Remote Worker’s Injury Traveling From Motel to Work Site Not Barred by Going and Coming Rule

A divided Supreme Court of Texas affirmed a determination that an employee was acting in the course and scope of his employment when he died in an automobile accident while traveling to a job site located some 40 miles from a motel where he as staying. Noting that the going and coming rule applied in...

Maryland: State Trooper’s Injuries in Personal Vehicle Not Barred by Going and Coming Rule

Applying Maryland’s “free transportation” exception to the normal going and coming rule, a state appellate court affirmed an award of workers’ compensation benefits to a state trooper who sustained injuries in a vehicular accident while commuting to work in his private vehicle...

South Carolina: Recreation Superintendent’s Accident Retrieving Keys Did Not Arise Out of and In the Course of Employment

A South Carolina appellate court affirmed a decision by the state’s Appellate Panel that a former Superintendent of the Parks and Recreation Department for the City of Spartanburg was not in the course and scope of his employment when he was killed in a motorcycle accident. Acknowledging that the...

Illinois: Flight Attendant’s Injury Claim on Board Plane Barred by Going and Coming Rule

An Illinois appellate court held that a flight attendant was not a traveling employee for purposes of the state’s Workers’ Compensation Act when she injured her knee on a flight from Denver to New York on the day before she was scheduled to work on a flight out of a New York airport. The...

Arkansas: Car-pooling With Co-Employee Does Not Bring Commute Within Course and Scope of Employment

Substantial evidence did not support an award of workers’ compensation death benefits to an employee’s minor child where the employee was fatally injured in a car accident while carpooling home, held an Arkansas appellate court. The Court reasoned that while it was certainly true that the...