LexisNexis® Legal Newsroom
Five Recent Cases You Should Know About (5/6/2011)

Larson's Spotlight on Tort Action, Traveling Employee, Third Party Complaint Against Co-Worker, Causal Connection, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...

Workers’ Compensation and Home Office Injuries: Dogged Claimant One Step Closer to Victory in Oregon

By Karen Yotis, Esq. Traditional approaches to precepts as basic as ‘course and scope of employment’ and ‘traveling employee’ may be going to the dogs in Oregon because of a claim involving an interior decorator whose Home Sweet Home also functioned as her Home Sweet Office...

The New Mobile Workforce: Telecommuters, Alternate Worksites, Traveling Employees, and "Extreme Mobile"

At the 21st Annual National Workers’ Compensation and Disability Conference ®, Nov. 7-9, Stuart D. Colburn of Downs Stanford will speak and moderate on The New Mobile Workforce. The new mobile workforce – from telecommuters to alternate worksites to traveling employees – raises...

Larson’s Spotlight on Recent Cases: Injury From Riding Escalator Rail

Larson's Spotlight on Traveling Employee, Special Employer, Intentional Tort, and Retaliatory Discharge. 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: Intentional Tort for Grain Bin Death Barred by Exclusive Remedy

Larson's Spotlight on Exclusive Remedy, Mental Injury, Traveling Employee, and Undocumented Worker. 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. ...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (6/24/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: Fitch Reports Underwriting Results Expected to Improve for US Workers Comp Market . Expert Claims Federal...

Larson’s Spotlight on Recent Cases: Employee Sustained Psychic Injury When Told She Owed Tax on $100,000 of Travel Reimbursements

Larson's Spotlight on Psychic Injury, AMA Guides, Traveling Employee, and Subrogation. 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...

Illinois: “Traveling Employee” Rule Relates to Comp Cases Only; May Not Be Extended to Tort Law

An Illinois appellate court recently held that workers’ compensation law’s “traveling employee” doctrine may not be extended into the tort law arena so as to support a claim that an employer was liable, upon respondeat superior grounds, for the alleged negligence of a “traveling...

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...

WA: Traveling Employee Rule Doesn’t Save Drunken Employee’s Dune Buggy Claim

A claims adjuster who had been assigned remote duties in connection with the devastation to Galveston Island caused by Hurricane Ike and who drank one evening to the point of intoxication did not remain within the scope of employment under the traveling employee doctrine, held a Washington appellate...

Maryland: Employee’s Injuries Sustained While Dancing in Night Club Were Compensable

A Maryland appellate court, reversing a decision of the state’s Workers’ Compensation Commission that in turn had been affirmed by a state trial court, held compensable a claim filed by a traveling employee who sustained injuries when he slipped on some liquid that had been spilled onto a...

North Carolina: Injuries Sustained Returning From Holiday Party Were Not Compensable

Affirming a decision by the state's Industrial Commission, the Court of Appeals of North Carolina has denied benefits to two technical support analysts in the State Highway Patrol who sustained severe injuries in an automobile accident as they returned to the SHP office from a holiday luncheon. Hosted...

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...

Illinois: Death Benefits Awarded for Exotic Medical Condition Contracted on Trip to Brazil

An Illinois appellate court has affirmed an award of death benefits to the widow of an executive who died after contracting Neisseria meningitides, apparently while on a business trip to Brazil. The appellate court noted that the parties had proferred conflicting medical evidence, but indicated it was...

The Top 10 Bizarre Workers’ Compensation Cases for 2014

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers’ compensation. For the past five or six years, I’ve shared with readers my annual list of bizarre workers’...

Vermont Workers' Compensation Update: October to December 2014

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. The long awaited proposed re-write of the VT WC Rules has been unveiled and will be ready for public comment soon. DEPARTMENT DECISIONS Shaffer v First Choice Communications...

Texas Workers' Compensation: A Model of Stability Now on the Verge of Possible Change

Entering 2014, the Texas workers’ compensation system seemed to be a model of stability; something that would have been impossible to imagine only ten years ago. There was little controversy in the system and no major administrative rule changes were needed. In fact, other states began to look...

Missouri: Toilet Dispenser Attacks Worker

If a Missouri worker gets injured using a public toilet, does she get comp benefits? The answer is: at least some of the time, according to the latest report from the Commission in a case affirming benefits in a temporary award. Eberhard v G4S/Walkenhut , 2015 Mo WCLR Lexis 1 (lexis.com), 2015 Mo WCLR...

Illinois: Long-Haul Driver’s Injuries Putting Suitcase into Personal Vehicle at Home Not Compensable

A truck driver, who worked as a car hauler for a company that delivered new automobiles to various car dealerships is considered to be a “traveling employee” while making those various deliveries; his ordinary commute from his home to his employer’s premises is not part of that travel...

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...

Texas: Traveling Employee’s Fatal Car Accident Was Not Within Course and Scope of Employment

An employee who traveled from his home base in North Carolina to Dallas, Texas on a business trip did not sustain injuries arising out of and in the course of his employment when he was involved in an automobile accident as he made his way to meet his son, a Dallas resident, for dinner at a restaurant...

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...