Tag Archives: AOE/COE

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

Posted in Case comment | Tagged , , , , , | Comments Off on Missouri Court Stresses Importance of Injury “by Accident” in Recent Horseplay Case

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

Posted in Case comment | Tagged , , , , | Comments Off on California In-Home Caretaker Awarded Benefits for Injuries Sustained in Bicycle Accident

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

Posted in Case comment | Tagged , , , , , | Comments Off on New York Deputy Sheriff’s Fatal Heart Attack at Home is Not Compensable

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

Posted in Case comment | Tagged , , , , , , | Comments Off on Virginia Employer Proves Employee Was Intoxicated, But Still Loses Case

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

Posted in Case comment | Tagged , , | Comments Off on Ohio Employee’s Personal Delivery of FMLA Documents Was Not in Course and Scope of Employment

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

Posted in Case comment | Tagged , , , | Comments Off on Lousiana Court Sustains Worker’s West Nile Virus Claim as Accidental Injury

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

Posted in Case comment | Tagged , , , , | Comments Off on IL Middle School Teacher’s Injury in Student/Faculty Basketball Game Was Compensable

Boys Will Be Boys: Winning Comp Claim Isn’t as Easy as Falling Out of a Tree

A Mississippi pipe fitter, who sustained five broken ribs and a spinal cord injury when he fell a distance of approximately 25 feet from the top of a gum tree during a lull in work, was appropriately denied workers’ compensation … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on Boys Will Be Boys: Winning Comp Claim Isn’t as Easy as Falling Out of a Tree

Ohio High Court Says Injury is Not Required to Support Retaliatory Discharge Claim

In a split decision, the Supreme Court of Ohio held that compensability of the alleged underlying injury is not a required element in a retaliatory discharge action under Ohio Rev. Code Ann. § 4123.90. Accordingly, a former employee presented a … Continue reading

Posted in Case comment | Tagged , , , | Comments Off on Ohio High Court Says Injury is Not Required to Support Retaliatory Discharge Claim

Georgia Mother May Sue Deceased Son’s Employer and Staffing Company Where Co-Worker Murderer May Have been Negligently Hired

A mother’s wrongful death action against her son’s employer was not barred by the exclusive remedy provisions of the Georgia Workers’ Compensation Act (“Act”) where the undisputed facts clearly showed that her son’s death did not arise out of the … Continue reading

Posted in Case comment | Tagged , , , , , | 1 Comment