Labeling the state’s case law concerning the all-important “arising out of and in the course of employment” standard a “quagmire,” a Georgia appellate court agreed with a trial court that the Board’s Appellate Division misconstrued the legal framework when it found...
The defendant employee’s employment ended when he entered his car, drove away from an employer-controlled parking lot, and struck a co-employee who had entered a cross-walk on a street that circled the employer’s campus. Accordingly, it was error for a trial court...
A New York appellate court affirmed the Board’s determination that a truck driver had sustained a back injury in the course and scope of his employment in spite of the fact that the driver’s version of what happened differed from data generated by an on-board computer...
A Mississippi truck driver employed by an independent hauler may not maintain a civil action against one of the hauler’s customers, whose own employee engaged in a horseplay incident with the driver by giving him a “bear hug” and throwing the driver into some pallets...
An airline flight attendant, who was based in Ohio, did not sustain an injury arising out of and in the course of her employment when, during a layover, she fell on a public sidewalk in New York City as she returned to an inn after walking to a nearby restaurant...
Substantial evidence supported the Commission’s finding that a restaurant employee was killed during the course and scope of his employment and, therefore, his survivors’ recover against the employer was limited to workers’ compensation death benefits, held an...
The personal comfort doctrine is part of the “course and scope inquiry,” and accordingly, it precedes any discussion of the going and coming rule, which applies when the worker has left the course and scope of the employment, held an Oregon appellate court recently...
Where an employee told her supervisor that she was quitting and she fell on her way out of the employer’s store, she was nevertheless entitled to workers’ compensation benefits for her injuries since her employment included incidents that occurred within a reasonable...
A North Carolina appellate court affirmed the denial of workers’ compensation death benefits to the dependents of an employee, who worked as a supervisor for a public nonprofit agency and who sustained fatal injuries in a one-vehicle accident in an employer...
Under the general rule in New York, and many other jurisdictions, where an unwitnessed death occurs during the course of a decedent’s employment, a presumption arises that the death arose out of that employment [see N.Y. Work. Comp. Law § 21(1)]. Ordinarily, that...
New York’s Workers’ Compensation Act includes a presumption of compensability if the employee’s injury occurs while he or she is at work [see N.Y. Work. Comp. Law § 21]. A state appellate court ruled that a widow could not take advantage of that presumption where...
An airport employee, who was seriously injured when she flipped her luggage transport “tug” on the airport tarmac as she drove to a terminal area to meet her mother, whom the employee had summoned to deliver feminine hygiene products and other personal items, is...
A Georgia appellate court, in a divided decision, reversed a trial court’s determination that a worker was a “continuous employee” and, accordingly, was due workers’ compensation benefits for an injury sustained on a Sunday afternoon while...
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...
Adopting the dominant rule discussed in Larson’s Workers’ Compensation Law , Ch. 111, § 111.03, the Supreme Court of Washington held that a co-employee enjoys immunity under the exclusive remedy provisions of the state’s workers’ compensation law only when that...