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Iowa Supreme Court Rules Injured Worker Has Burden of Proof That “Wiggling His Butt” Was Not Disqualifying Horseplay

Vegors worked as a machine inspector for the water district, a company that installed rural water lines. He was injured at work when a pickup truck being driven by Byrd, a co-employee, struck him. The evidence indicated that at the time of injury Vegors had his hands full and gestured a greeting by "wiggling...

Halloween and the Workplace: 'Things That Go Bump in the Night'

From goulies and ghosties And long-leggedy beasties And things that go bump in the night Good Lord, deliver us! From the Cornish or West Country Litany, 1926 Throughout the calendar year, employees within the workplace must attend to their duties while facing various hazards. For example...

Five Recent Cases You Should Know About (12/31/2010)

Larson's Spotlight on Horseplay, Illegal Alien, Sexual Assault, Independent Contractor, Chronic Pain and Depression. 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...

Five Recent Cases You Should Know About (1/21/2011)

Larson's Spotlight on Claimant Status, Horseplay, Average Weekly Wage, Medical Evidence, and Notice of Injury. 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...

Cal. Comp. Cases February Advanced Postings (2/16/2011)

Here’s the third batch of advanced postings for the February 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can access the complete headnotes and summaries. Larry Hamilton, Petitioner v. Workers' Compensation Appeals Board, Toyota of Poway, Cambridge Integrated Services, Respondents...

Five Recent Cases You Should Know About (3/4/2011)

Larson's Spotlight on Employee Status, Street Risk Doctrine, Course and Scope of Employment, Recklessness by Employee, and Tort Action. 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...

The Thin Line Between Horseplay and the Initial Physical Aggressor Defense

A recent California case with a wild factual scenario provides guidance on the important factual distinctions between horseplay and the initial physical aggressor defense California Labor Code Section 3600 sets forth a number of conditions that must be met before an employer has liability for an injury...

The Thin Line Between Horseplay and the Initial Physical Aggressor Defense

A recent California case with a wild factual scenario provides guidance on the important factual distinctions between horseplay and the initial physical aggressor defense California Labor Code Section 3600 sets forth a number of conditions that must be met before an employer has liability for an injury...

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 Top 10 Bizarre Workers' Comp Cases for 2013

© Copyright 2014 LexisNexis. All rights reserved. For reprint permission, contact Robin.E.Kobayashi@lexisnexis.com . During the past several Januarys, I’ve shared with readers my annual list of bizarre workers’ compensation cases for the prior year. In doing so, I reenact, in part...

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...

2014 Workers’ Compensation Emerging Issues

The new edition of Workers’ Compensation Emerging Issues Analysis (LexisNexis) is a veritable cornucopia of expert analysis, provocative commentary, and a 50 state survey of workers’ compensation legislation in 2014 As with last year’s inaugural edition, the 2014 Larson Series Workers’...

Applicant Rebuts 16 Percent Scheduled Rating to Obtain Permanent Total Disability: Cal. Comp. Cases December Advanced Postings (12/16/2014)

Here’s the fourth batch of advanced postings for December 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Sutter Medical Foundation, PSI, adjusted...

South Dakota: Horseplay Injury During Lull in Workday Found Compensable

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 a circuit court had earlier denied the claim, finding...

Kentucky: Igniting Cigarette Lighter While Holding Unidentified Explosive Object Was Not Horseplay

A Kentucky appellate court affirmed a determination by the state’s Workers’ Compensation Board that a heavy equipment operator’s severe injuries did not result from horseplay where evidence suggested that a co-worker serving as a “spotter” alongside the operator’s...

The Top 10 Bizarre Workers’ Compensation Cases for 2015

Last November, I had the pleasure of speaking at the 24th Annual National Workers’ Compensation and Disability Conference in Las Vegas. My session was a spin-off of what has become one of my most popular annual blog offerings—a presentation of truly bizarre workers’ compensation cases...

Missouri: Prankster Denied Workers’ Comp Benefits After Starting Fire at Work

The Missouri Labor and Industrial Relations Commission denied benefits to a claimant who burned himself after he intentionally lit a can of industrial adhesive on fire to startle to a co-worker. The claimant lapsed into a coma as a result of his injuries and woke up in the hospital with no memory of...

Mississippi: Pipefitter’s Injuries From 25-Foot Fall From Tree Not Compensable

In a divided decision, the Court of Appeals of Mississippi held that a pipefitter, who sustained severe injuries when he fell some 25 feet from the top of a gum tree, was engaged in inappropriate horseplay at the time of the injury, such that the injury did not arise out of and in the course of his employment...

New York: Golf Club Attendant May Sue Co-Employee for “Errant” Swing of Golf Shaft

Applying New York’s rule regarding co-employee immunity—that in order for a co-employee to be shielded from liability, the co-employee must (a) have been acting within the scope of his or her employment and (b) not have been engaged in a willful or intentional tort—a state appellate...