LexisNexis® Legal Newsroom
CT: Employee's Tort Case Against Corporate Officers/Shareholders for Parking Lot Injuries May Proceed

Anne Marie Roy, an employee of Dymax, sustained injuries when she fell in the parking lot located at her employer's place of business. She sought and received workers' compensation benefits and, joined by her husband as a party plaintiff, she subsequently filed a civil action against the defendants...

Five Recent Cases You Should Know About (6/6/2010)

Larson’s Spotlight on Medical Care and Lawn Care Services, Concurrent Employment, Illegal Alien and Average Weekly Wage, Slip and Fall, and Parking Lot. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s Workers’...

MO: Is falling on the employer’s lot in the morning enough to obtain benefits?

The recent Commission case Lantie Wilson v Buchanan County , Oct. 14, 2011, 2011 Mo WCLR Lexis 206, involved a claimant who fell on the employer's lot reporting to work. The Commission affirmed an award of benefits and concluded that there was no need to even consider if claimant had equal exposure...

Larson’s Spotlight on Recent Cases: Claimant’s PTSD Claim Held Timely Four Years After the Fact

Larson's Spotlight on Mental Trauma, RICO and Exclusive Remedy, Safety Violations, Off-Duty Injury and Tort Action Against Employer . 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...

Larson’s Spotlight on Recent Cases: Employer’s OSHA Violation Falls Short as Substantial Evidence of Intentional Wrong in Tort Action

Larson's Spotlight on OSHA Violation and Intentional Wrong, Offset of Wage Loss Benefits, Injury During Work Break, and Slip and Fall in Company Lot. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...

They’ve Paved Paradise and Put Up a Parking Lot….a Delaware Primer on the Premises Rule

Three beautiful children.....Ben, Allison and Chase. They belong to my partner Tim Lengkeek. Tim and his wife Michele make pretty kids. Tim makes even prettier law.....be it in work comp or otherwise. Today's post is a gift for all the neophyte comp lawyers. Nothing novel, nothing too intense...

They’ve Paved Paradise and Put Up a Parking Lot….a Delaware Primer on the Premises Rule

Three beautiful children.....Ben, Allison and Chase. They belong to my partner Tim Lengkeek. Tim and his wife Michele make pretty kids. Tim makes even prettier law.....be it in work comp or otherwise. Today's post is a gift for all the neophyte comp lawyers. Nothing novel, nothing too intense...

Happy Birthday, Cruiser T…..and a Premises Rule Decision In DE That’s a Gift for Claimants Everywhere

Today is Cruiser T's first birthday. You may recall that little Cruiser is the younger of my two rescue cats.....his older sister being the infamous Nutella Grace. I think I am going to bring home a vanilla ice cream cake and let Cruiser have at it. Today is also special in that I heard from...

Happy Birthday, Cruiser T…..and a Premises Rule Decision In DE That’s a Gift for Claimants Everywhere

Today is Cruiser T's first birthday. You may recall that little Cruiser is the younger of my two rescue cats.....his older sister being the infamous Nutella Grace. I think I am going to bring home a vanilla ice cream cake and let Cruiser have at it. Today is also special in that I heard from Brian...

Larson’s Spotlight on Slip and Fall Cases

Here's a recap of the top cases involving slip and fall this past year. Thomas A. Robinson has the week off. His Larson's Spotlight blog will return next week. LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com. LA: Claim...

Kentucky: Fall on Snow-covered Sidewalk Outside Employer’s Premises Found Compensable

The Supreme Court of Kentucky, citing one of its earlier decisions that extensively quoted Larson’s Workers’ Compensation Law regarding the going and coming rule, recently affirmed a decision by an ALJ, the Board, and the state’s Court of Appeals that a medical billing associate sustained...

VA: Police Officer’s Trip and Fall in Parking Lot Not Compensable

Indicating that it was utilizing the “actual risk” test, yet describing what is essentially the “increased risk” test, a Virginia appellate court recently held that injuries sustained by a police officer as he tripped over a cement parking block near a retaining wall, suffering...

Missouri: Commission Resuscitates Extended Premises Doctrine

Rumors of the death of the extended premises doctrine were premature, according to a recent case from the Commission. In Viley v Scholastic, 2014 MO WCLR Lexis 56 (lexis.com), 2014 MO WCLR Lexis 56 (Lexis Advance) (April 16, 2014), the Commission reversed a denial of benefits when claimant fell on...

California: Anti-Paparazzi Law Inapplicable in a Workers' Compensation Proceeding

In Duong v. Automobile Club of Southern California , 2014 Cal. Wrk. Comp. P.D. LEXIS –, a WCAB panel held that a sub rosa video recorded by the defendant in the parking lot of a mobile home park (where the applicant did not live) and inside an Albertson’s grocery store was admissible and...

Missouri: Parking Lot Injury Covered In Spite of Fact That Employer Did Not Own It

A Missouri appellate court affirmed an award of workers’ compensation benefits to an employee who sustained a severe knee injury when he slipped and fell on ice and snow in a parking lot near his employer’s premises. Acknowledging that the employer did not own the parking lot, the court nevertheless...

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...

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...

Tennessee: Store Manager’s PTSD Found Compensable After Encounter With Purse Snatchers

A store manager who sustained injuries in her employer’s parking lot after she pursued two persons, posing as customers, who stole her purse from the store, could recover workers’ compensation benefits for psychological injuries in the nature of PTSD, held the Special Workers’ Compensation...

Ohio: Employee Injured When Struck by Co-Employee’s Driverless Vehicle May Not Recover in Tort

An Ohio court affirmed a trial court’s summary judgment in favor of a defendant who had been sued by a co-employee who sustained injuries in a bizarre accident that occurred in the employer’s parking lot. The two employees had completed their shifts and were walking to their respective vehicles...

Oklahoma: Parking Lot Injury Covered in Spite of Special Statute’s Language

A divided Supreme Court of Oklahoma held that a university employee sustained injuries arising out of and in the course of her employment when she slipped and fell on ice in a campus parking lot where she had been instructed to park. The majority found that the employee’s actions at the time of...

Nebraska: Turning Ankle in Company Parking Lot is Not an “Unexplained” Injury

A worker who twisted her ankle when she took a step after exiting her vehicle in the employer’s parking lot did not sustained the sort of “unknown” cause of harm that would warrant the use of the positional risk doctrine to award her workers’ compensation benefits, held the Court...

Utah: IRS Employee May Not Sue Co-Employee for Parking Lot Injuries

An IRS employee, who sustained injuries in an auto-pedestrian accident that occurred in an employee-designated parking lot, may not maintain another IRS employee; workers’ compensation was her exclusive remedy, held a Utah appellate court. Quoting Larson’s Workers’ Compensation Law...