Tag Archives: AOE/COE

Ohio Claimant Has Burden of Showing Unexplained Fall Was Not Caused by Idiopathic Condition

Where an injured employee’s medical history and medications raised a fact issue about the possible role of risks personal to the employee in an otherwise unexplained fall, the employee was required to eliminate an idiopathic explanation for her fall, held … Continue reading

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Virginia Case Shows “On-the-Job” Injuries May Not be Compensable

The phrase is used quite often, even by attorneys: “He [or she] was hurt ‘on-the-job.’” The typical implication is that a worker who sustains an “on-the-job” injury deserves workers’ compensation benefits. Such use of imprecise language leads many claimants to … Continue reading

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Oregon: Traveling Employee’s Death While Returning From Shopping Trip Was Not Compensable

A person in the status of a traveling employee is continuously within the course and scope of the employment while traveling, except when the person is engaged in a distinct departure on a personal errand, held the Court of Appeals … Continue reading

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Missouri Court Stresses Importance of Injury “by Accident” in Recent Horseplay Case

The Missouri Court of Appeals recently affirmed a decision of that state’s Labor and Industrial Relations Commission that had denied workers’ compensation benefits to a tire shop employee who sustained severe burns when he used a lighter to ignite a … Continue reading

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California In-Home Caretaker Awarded Benefits for Injuries Sustained in Bicycle Accident

Observing that California’s “required vehicle” exception to the going and coming rule arises where the employee’s use of his or her own vehicle gives some incidental benefit to the employer, a state appellate court held that an in-home caretaker sustained … Continue reading

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New York Deputy Sheriff’s Fatal Heart Attack at Home is Not Compensable

Acknowledging that N.Y. Work. Comp. Law § 21 provides a presumption of compensability where the decedent’s initial injury occurs while he or she at work, a New York appellate court held that the state’s Workers’ Compensation Board did not err … Continue reading

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Virginia Employer Proves Employee Was Intoxicated, But Still Loses Case

The Court of Appeals of Virginia recently reiterated that in order to defeat a claim for workers’ compensation benefits, it is not enough to show that an employee was intoxicated at the time of his or her injury; the employer … Continue reading

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Ohio Employee’s Personal Delivery of FMLA Documents Was Not in Course and Scope of Employment

An Ohio appellate court affirmed a trial court’s finding that injuries sustained by an employee when she slipped and fell while descending a stairway as she left her employer’s HR department on a Sunday evening, after delivering papers related to … Continue reading

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Lousiana Court Sustains Worker’s West Nile Virus Claim as Accidental Injury

A Louisiana appellate court affirmed, in relevant part, a ruling by a state workers’ compensation judge that a worker sustained an accidental injury arising out of and in the course of his employment when he was bitten by a mosquito … Continue reading

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IL Middle School Teacher’s Injury in Student/Faculty Basketball Game Was Compensable

A number of states, including Illinois, exclude workers’ compensation coverage for some recreational injuries that are deemed by statute to be outside the course and scope of the employment [see 820 ILCS 305/11 (West 2010); see also Larson’s Workers’ Compensation … Continue reading

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