LexisNexis® Legal Newsroom
Larson’s Spotlight on Recent Cases: Employer Not Responsible for Unrelated Coronary Bypass Surgery

Larson's Spotlight on Medical Treatment for Unrelated Condition, Going and Coming, Statute of Limitations for Misdiagnosed Condition, and Exclusive Remedy Rule. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'...

Larson’s Spotlight on Recent Cases: Mental Injury Claim Related to Depression From Inability to Return to Work

Larson's Spotlight on Mental Injury, Termination of Employment, Substantial Certainty, and Going and Coming. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

Larson’s Spotlight on Recent Cases: Uninsured Employers’ Fund and Insolvency of Employee Leasing Company’s Workers’ Comp Carrier

Larson's Spotlight on Uninsured Employers' Fund, Voluntary Withdrawal From Labor Market, Bad Faith, and Going and Coming. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

Larson’s Spotlight on Recent Cases: On-Call Surgical Technician’s Claim Not Barred by Going and Coming Rule

Larson's Spotlight on Going and Coming, Retaliation, Lyme Disease, and Exclusive Remedy. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. LexisNexis...

Larson’s Spotlight on Recent Cases: Going and Coming Rule as Tool, Not a Substantive Doctrine

Larson's Spotlight on Going and Coming, Suicide, Causation, and Disqualification for Benefits. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. ...

Larson's Spotlight on Recent Cases: Disabled Officer Failed to Disclose Status as Horse Trainer

Larson's Spotlight on Fraud, Attorney's Fees, Retaliatory Discharge, and Going and Coming. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. ...

New Jersey: Casino’s Own Surveillance Video Defeats Employer’s “Going & Coming” Argument

In an unpublished decision, a New Jersey appellate court recently held that a casino’s security surveillance video supported the employee’s claim that at the time of a vehicular accident, in which she was injured, a small portion of her SUV was still on the employer’s property; her...

Maryland: Going and Coming Rule Does Not Bar Recovery in Motorcycle Accident

Travel that is incident to the employment cannot be excluded from the course and scope of the employment by the ordinary going and coming rule, held a Maryland appellate court recently. Accordingly, it vacated a decision that had denied workers’ compensation benefits to a firefighter who sustained...

Oklahoma: Slip and Fall Outside Premises Door Still Compensable in Spite of Personal Errand

An employee's purpose in leaving work is relevant in deciding whether going and coming injuries arise out of employment; it is not, however, dispositive. The Supreme Court of Oklahoma accordingly reversed a decision of the state’s Court of Civil Appeals that had vacated an award of benefits...

California: The Premises Line and the Going and Coming Rule

Noteworthy panel decision finds going and coming rule didn’t bar shopping mall worker’s claim for injuries An Appeals Board panel, affirming the WCJ, held that an applicant’s claim for injuries incurred on 2/18/2012 when she slipped after leaving the premises of her employment at...

Florida: Going and Coming Rule Does Not Bar Deputy Sheriff’s Claim Related to Vehicle Accident

A Florida Deputy Sheriff, who came upon a tractor-trailer parked in the right-of-way and jutting into his lane, decided to take steps to protect other motorists from the hazard, but ran into the tractor-trailer before he could do so, his injuries were sustained in the course and scope of the employment;...

California Workers’ Comp Case Roundup (5/5/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 4 April 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...

Arizona: City Auditor’s Injuries in Auto Accident Barred by Going and Coming Rule

A city auditor, who was involved in an automobile accident as she traveled home at the end of the day after completing a business errand did not sustain injuries arising out of and in the course of her employment, held an Arizona appellate court. The going and coming rule barred her claim for workers’...

California: Exceptions to the Going and Coming Rule

The “going and coming” rule is a deceptively simple one. There is no reference to the “going and coming” rule concept in the Labor Code. However, the rule has developed over time by case law, essentially holding that the employer is not liable for injuries which occur during an...

Salesman’s Cigarette Break at Convenience Store Fell Within Personal Comfort Doctrine: Cal. Comp. Cases September Advanced Postings (9/15/2015)

Here’s the final batch of advanced postings for the September 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Hartford Accident & Indemnity...

Iowa: Occasional Work at Home Does Not Create Dual Employment Premises

In a case of first impression in Iowa, a state appellate court held that catching up on occasional work at home or completing tasks at home that could be completed at the employer’s premises is an insufficient basis to find that an employee had dual employment premises. Accordingly where a mental...

California: Top 25 Noteworthy Panel Decisions (July–December 2015)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2015. The list features a number of decisions addressing the assignment and reporting of panel qualified medical evaluators...

Decedent Entitled to Pursue Injuries to Body Parts Not Covered in Compromise and Release: Cal. Comp. Cases February Advanced Postings (2/3/2016)

Here’s another batch of advanced postings for the February 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. Johns Mansville, self insured...

Maryland: Police Offer’s Injuries Avoiding His 2-Year-old Found Not Compensable

A Prince George’s County police detective, who sustained ankle and knee injuries when he jumped to the side near the front door of his residence to avoid his two-year-old child as he exited his residence en route to retrieve his police cruiser, did not sustain an injury arising out of and in the...

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 employee for purposes of the going and coming...

Ohio: Nurse Injured as She Walked to CPR Class Should Recover Benefits

A nurse, who sustained injuries when she fell in a pedestrian crossing as she returned to a cardiopulmonary resuscitation (“CPR”) training class, after retrieving forgotten class materials from her car, should recover workers’ compensation benefits, held an Ohio appellate court. The...

California: “Required Vehicle” Exception to Going and Coming Rule Can Apply to In-Home Caretaker’s Bicycle

Utilizing the state’s “required vehicle” exception to the going and coming rule, a state appellate court held that injuries sustained by an in-home caretaker when she was struck and injured by a car as she rode her bicycle from one private home where she worked to another home where...

Maryland: Police Officer Recovers Under Special Errand Doctrine

A police officer, who sustained injuries in a motorcycle accident while traveling home after attending police training held at a different site from his usual workplace, and which was held on a day that he had been scheduled to be using personal leave, was entitled to workers’ compensation benefits...

Illinois: Slip and Fall on Wet Pavement in Employer’s Parking Lot Not Compensable

Where the employer’s parking lot was free of any ice or snow and had no defects on the paved surface where the claimant fell, but was merely wet from rain, claimant’s injury in a slip and fall accident arose from an activity of daily living and did not result from an employment-related risk...

Pennsylvania: Donut Shop Manager was Traveling Employee; Death Claim Not Barred by Going and Coming Rule

Where an employee worked as manager at one of the employer’s three donut shops, was occasionally required to respond to operational issues at the other two shops, and sustained fatal injuries in an vehicle accident as he traveled from his residence to one of the other shops to investigate and potentially...