Construing New York’s so-called “gray area” rule, which allows recovery of workers’ compensation benefits under circumstances that might otherwise be barred by the going and coming rule, a state appellate court affirmed a determination by the Board that awarded...
Construing Louisiana law, the Fifth Circuit Court of Appeals, in an unpublished decision, agreed with a federal district court that a former employee could not maintain a civil action against two former employers based on his theory that work-related exposure to...
In Georgia, violation of express instructions or the mere doing of a hazardous act in which the danger is obvious does not constitute willful misconduct that disqualifies an injured employee from an award of benefits; the employer must also show that the intentional...
An administrative assistant in 2012 was leaving work, stepped off of a ramp onto a sidewalk on the employer’s property on the way to her car and injured her ankle. The court of appeals affirmed an award of benefits and found that the accident arose out of...
Here’s the latest batch of advanced postings for the October 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved...
Here’s the latest batch of advanced postings for the September 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved...
The Supreme Court of South Carolina, moving ever so close to a positional risk standard, reversed a decision by the state’s Court of Appeals, holding that an office employee could recover benefits for injuries sustained when she fell as she walked down an unobstructed...
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...
Reversing a judgment rendered in favor of plaintiffs after an eight-day trial in which the jury in relevant part found a general contractor liable to its statutory employee for an “intentional act,” a Louisiana appellate court ruled that the contractor’s actions...