Tag Archives: AOE/COE

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

Oregon Court Says Walking to Post Office Isn’t “Recreational” Just Because Employee Enjoyed the Activity

That an office worker enjoyed walking did not transform her trip to the post office during the workday into recreational activity, held an Oregon appellate court recently in Sedgwick Claims Mgmt. Servs. v. Norwood, 2015 Ore. App. LEXIS 1625 (Dec. … Continue reading

Posted in Case comment | Tagged , , , , , | Comments Off on Oregon Court Says Walking to Post Office Isn’t “Recreational” Just Because Employee Enjoyed the Activity

Illinois Police Officer’s Back Injury Lifting Duty Bag at Home Found Compensable

A police officer, who injured his back as he lifted his “duty bag” to place it in his personal vehicle prior to leaving his home for work sustained an injury arising out of and in the course of his employment, … Continue reading

Posted in Case comment | Tagged , , , , , | Comments Off on Illinois Police Officer’s Back Injury Lifting Duty Bag at Home Found Compensable

Divided PA Supreme Court Says Mother/Caregiver’s Injuries at Hands of Knife-Wielding Son Were Not Compensable

In a truly bizarre case, a divided Supreme Court of Pennsylvania held that the state’s Commonwealth Court erred in finding that a claimant met her burden of proving that she sustained a work-related injury in the course and scope of … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on Divided PA Supreme Court Says Mother/Caregiver’s Injuries at Hands of Knife-Wielding Son Were Not Compensable

Washington High Court Says Valley Fever is Not Covered by Firefighters’ Presumption

Valley fever is not a “respiratory disease” for purposes of the state of Washington’s firefighters presumption [Wash. Rev. Code § 51.21.185(1)]; it is instead an “infectious disease” and is not listed among those diseases conditions for which the firefighter enjoys … Continue reading

Posted in Case comment | Tagged , , , , , , , | Comments Off on Washington High Court Says Valley Fever is Not Covered by Firefighters’ Presumption

Tennessee Mattress Store Manager Prevails in PTSD Claim After Encounter with Purse Snatching Customers

The manager of a Tennessee mattress store, who alleged that she sustained a psychological injury (“PTSD”) when she pursued two persons into the employer’s store parking lot after they had stolen her her purse under a desk near the front … Continue reading

Posted in Case comment | Tagged , , , , , , , | Comments Off on Tennessee Mattress Store Manager Prevails in PTSD Claim After Encounter with Purse Snatching Customers

NC Employee’s Injury Playing Laser Tag Found Compensable

An employee who suffered a knee injury while playing laser tag at a company-sponsored marketing conference sustained an accidental injury arising out of and in the course of the employment, held the Court of Appeals of North Carolina recently [Holliday … Continue reading

Posted in Case comment | Tagged , , , , , | Comments Off on NC Employee’s Injury Playing Laser Tag Found Compensable

Illinois Welder’s Knee Injury While Swiveling in Chair Found Compensable

Using a neutral risk analysis, an Illinois appellate court reversed a trial court’s decision that in turn had affirmed the denial of workers’ compensation benefits to a worker who injured his left knee while performing welding operations at his employer’s … Continue reading

Posted in Case comment | Tagged , , , | Comments Off on Illinois Welder’s Knee Injury While Swiveling in Chair Found Compensable