Tag Archives: AOE/COE

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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Kansas Supreme Court Reiterates: “Idiopathic” and “Unknown” Are Not Synonyms

Case Sent Back to Board for Determination Consistent With its Holding In a case of first impression, the Supreme Court of Kansas, affirming a decision of the state’s Court of Appeals, held that “idiopathic” is not a synonym for “unknown” … Continue reading

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Nebraska Deputy’s Fatal Injuries in Auto Accident Not Compensable

Deputy Was on Cell Phone Exchanging Shift-Change Information at Time of Crash A deputy sheriff’s death in an automobile accident did not arise out of and in the course of his employment in spite of the fact that, at the … Continue reading

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No Recovery for Home-Based Workers’ Comp Adjuster Who Trips Over Her Dog

Deeply Divided Florida Court Says Risk of Tripping Did Not Arise Out of Employment Emphasizing that eligibility for workers’ compensation benefits turns on whether the employment led to the risk of injury, i.e., whether there was a sufficient causal connection … Continue reading

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Virginia Counselor’s Injuries While Attending Mandatory Off-Site Training Were Not Compensable

Appeals Court Says She Was Not Subject to Special Risk of Injury A Virginia appellate court reversed an award of workers’ compensation benefits to a licensed professional counselor who was injured when she tripped and fell over raised tree roots … Continue reading

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“Regular” or “Recurrent” is Key to Statutory Employer Issue in Kentucky

Construing Kentucky’s “up-the-ladder” statutory employer framework, a state appellate court recently reiterated that workers' compensation immunity is extended to contractors—those who contract with another to have work performed of a kind that is a “regular or recurrent part of the … Continue reading

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Divided Kansas Court Says Lab Test Results Showing Marijuana Were Admissible

Rules of Evidence Do Not Strictly Apply to Comp Hearings Stressing that in workers’ compensation hearings, the Kansas Rules of Evidence do not apply and that even hearsay evidence may be admitted if it is sufficiently reliable, a divided Kansas … Continue reading

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Virginia Commission Should Have Considered Employment-Related Risks of Assault

Where an overnight attendant at a rest area was stabbed in the face by a former co-worker whose motive could not be determined—the assailant committed suicide later the same day—the attendant might still prevail on his workers’ compensation claim if … Continue reading

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Tennessee: No Compensable Claim Where Employer Failed to Use On-Site Defibrillator

The Supreme Court of Tennessee, reversing a decision of a state trial court, held that an employer who failed to use an automated external defibrillator (AED) to assist an employee who suffered a non-work related medical emergency, cannot be liable … Continue reading

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NY Employee’s Shoulder Injury While Scanning Parking Pass Not Compensable

An employee, who sustained a shoulder injury as she reached out of her car window to scan her parking pass at a parking garage near her place of employment, did not sustain an injury arising out of and in the … Continue reading

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