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South Dakota: Fatal Shooting in Employer’s Parking Lot Held Not Compensable
The Supreme Court of South Dakota, affirming a decision by the state’s Department of Labor and Regulation, recently denied a death benefits claim filed by the personal representative of a woman shot...
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OHIO: Lapse of Time Between Incident and Treatment Amplifies Need for Expert...
It is often said that just as the “instantaneous nature of an observed causal progression is a familiar element in cases dispensing with medical testimony, so a delay between the accident and the...
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Missouri: No Future Medical From Pig Work
The Commission reversed an award for future medical benefits to a pig farm worker with Legionnaire’s Disease who lapsed into a coma and spent 6 weeks unconscious. Navis v Premium Standard Farms,2013...
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Crockpots and Paychecks and Dismissals, Oh My! A Recent Course & Scope Ruling...
What do a crockpot and a paycheck have in common? In this case they were two items that brought the claimant into her employer, Boscovs, on her day off. And this being my case on behalf of the...
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Wisconsin: Maintenance Worker’s Slip and Fall on Driveway Ice Held Compensable
A Wisconsin appellate court recently affirmed a Commission decision to grant workers’ compensation coverage for injuries a worked sustained when he slipped on ice in his driveway. Quoting Larson’s...
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Pennsylvania: “Premises” Cannot Be Extended to Cover Slip & Fall on College...
A Pennsylvania appellate court recently held that the state’s Appeal Board erred when it awarded workers’ compensation benefits to a painter injured in a fall as he walked toward a train station at the...
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Texas: Compensable Heart Attack Need Not Occur During Work Hours
A Texas appellate court, construing Tex. Lab. Code Ann. § 408.008(1), that generally requires that in order for a heart attack to be compensable, it must be identified as having occurred at “a definite...
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Pennsylvania: Shortness of Deviation Time Not Determinative to Claim
Reversing a decision by the state's Workers' Compensation Appeal Board that, in turn, had affirmed a judge's award of workers' compensation benefits to a claimant who sustained serious injuries to his...
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New Mexico: Off-Duty Police Officer’s Drowning During Rescue Effort Found...
A police officer, outside his jurisdiction, and on a personal day trip near the Rio Grande, who drowned while undertaking the rescue of a drowning child, sustained fatal injuries arising out of and in...
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Kentucky: Fall on Snow-covered Sidewalk Outside Employer’s Premises Found...
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...
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California: “Required Vehicle” Exception to Going and Coming Rule May Be...
Under California’s “required vehicle” exception to the going and coming rule, injuries sustained during the commute are said to arise out of and in the course of the employment if the employer required...
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Wawa and the Warehouse: Mixed Bag Results on Course & Scope in Delaware
Today is all about me……. (Just kidding.... well, kinda, sorta)….. I offer you two very recent rulings on course and scope, both of which are mine. In the interest of parity, and lest you think I only...
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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...
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Do That To Me One More Time……..Australian Sex Case Reversed As To Course and...
You just have to love that rare and special intersection where our law practice comes smack up against a little afternoon delight. My posts of 4/23/12 (Kangaroo Court), 4/25/12 (A Roll in the Hay),...
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AR: Court Rejects Employer’s Contention That Preexisting Condition Or...
Quoting the discussion in Larson’s Workers’ Compensation Law related to idiopathic falls, a divided Arkansas appellate court recently affirmed a finding by the state’s Workers’ Compensation Commission...
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Minnesota: High Court Stresses Employee Must Prove Both “Arising out of” and...
A deeply divided Supreme Court of Minnesota recently held that the plain language of Minn. Stat. § 176.021 requires the employee to demonstrate that the injury arises out of and in the course of the...
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Pennsylvania: Attendant Care-Providing Mother's Injuries at Hands of...
In a split decision involving bizarre circumstances, a Pennsylvania appellate court recently held that a woman employed under a state-funded program to provide attendant care services at her residence...
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New Jersey: Casino’s Own Surveillance Video Defeats Employer’s “Going &...
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...
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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,...
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Colorado: High Court Adopts Positional Risk Test for Unexplained Falls
The Supreme Court of Colorado, in a divided decision, recently affirmed a decision of the state’s Court of Appeals, but on different grounds, holding that an "unexplained fall" satisfies the "arising...
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