By Robert G. Rassp, author of The Lawyer’s Guide to the AMA Guides and California Workers’ Compensation (LexisNexis) Disclaimer: The material and any opinions contained in this treatise are...
Oakland, CA – Private self-insured claim volume in the California workers' compensation system fell 9.5% in 2023, producing the biggest year-to-year decline in private self-insured claim frequency...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board No matter the source of your media consumption, it seems that the topic...
By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board Who doesn’t agree with the fact that “[w]e should not interpret or apply statutory language...
When do the exclusivity provisions of Labor Code section 3600 permit an action for law at damages? By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’...
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 employee lived some distance from the employer’s “base” in Shreveport, Louisiana, most of his employment activities took place near that employment base. The employee was not, therefore, a traveling employee. Moreover, the fact that he was part of a carpool operated by a co-employee did not change the essential character of the daily commute. All the employees were provided with a $50 per diem, to use as they saw fit. They could get a motel room or commute back and forth from home. The employer did not control the choice the employee made. The co-employee provided the deceased employee with a ride on a gratis basis (some evidence suggested the deceased had “chipped in” for gas). There was no employer-provided transportation involved in the instant case, said the Court. The ordinary going and coming rule barred recovery.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Wayne Holden & Co. v. Waggoner, 2016 Ark. App. 309 June 8, 2016)
See generally Larson’s Workers’ Compensation Law, § 14.07.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
For more information about LexisNexis products and solutions connect with us through our corporate site