Tag Archives: AOE/COE

Texas Employee’s Tort Action for Fall in Parking Lot Injury May Move Forward

Employer Fails to Show Injury “Fell” Within “Access Doctrine” Exception to Going and Coming Rule A Texas appellate court recently held that an employer—the City of Corpus Christi—failed to show that a trial court lacked jurisdiction to consider a tort … Continue reading

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Georgia Employee May Not Sue Employer for Negligent Denial of Medical Care Following Injury

A Georgia employee’s negligence claim against his employer for allegedly denying him access to medical care and insurance coverage following an injury in a vehicular crash is barred by the exclusive remedy provisions of the Georgia Workers’ Compensation Act, held … Continue reading

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Tornadoes and other “Acts of God”: When Are Weather-Related Injuries Compensable?

Yesterday, I had an interesting e-mail exchange with a blog subscriber who wanted my take on the compensability of injuries resulting from Acts of God, specifically, tornadoes and and lightning strikes. Her question had been prompted by the fact that … Continue reading

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NC Worker May Proceed in Tort Against Employer and Plant Nurse for Negligent Treatment

A North Carolina worker, who alleged that he was negligently diagnosed and treated by his employer’s plant nurse after suffering a stroke at work, may proceed in tort against that employer and the nurse, held a state appellate court yesterday … Continue reading

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Ohio Court Takes Broad View of “Arising Out of Employment”

Owner/Employee’s Injuries in Wreck Were Work-Related Despite Fact That Meeting’s Purpose Was Tangential Injuries sustained in an auto accident by the owner/employee of a commercial-vehicle tire changing service as the owner traveled to meet two subordinate employees for breakfast arose … Continue reading

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Utah Court: Unusual Exertion Required if Claimant Has Preexisting Condition

Court Discusses Important Distinction Between “Legal” and “Medical” Causation Stepping lightly through the difficult mine field of “legal causation,” a Utah appellate court affirmed a decision by the state’s Labor Commission that denied workers’ compensation benefits for the last of … Continue reading

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Assault on NYC Subway Employee Exiting Train Did Not Occur In Course of Employment

Employee Had Clocked Out and Traveled Six Stops Toward His Home Where a New York City subway train cleaner clocked out at the end of his shift, left his assigned work train station, traveled toward his home on a subway … Continue reading

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Home-Based Workers: Beware of Four-Legged “Best Friends”

Recent Decisions Reach Opposite Conclusions in Dog-Tripping Incidents According to a recent report published by the Bureau of Labor Statistics, as many as 22 percent of the American labor force perform at least some of their work at home. Indeed, … Continue reading

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Virginia Police Officer’s Slip and Fall While Trying to Get Out of Pouring Rain is Not Compensable

In an unusual case that illustrates Virginia’s restrictive “arising out of the employment” test, a state appellate court yesterday affirmed the denial of workers’ compensation benefits to a former police officer who sustained injuries when she slipped on wet grass … Continue reading

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Missouri Court Affirms Award for Fall in Employer’s Parking Garage

45-Year Employee Did Not Face Similar Risk in Non-Employment Life A Missouri appellate court affirmed a decision by the state’s Labor and Industrial Relations Commission that awarded workers’ compensation benefits to a hospital employee who sustained injuries in a fall … Continue reading

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