Tag: AOE/COE

Feb 11, 2022

Mass Shooting Victim’s NY Civil Action May Move Forward Against Employer

In a case arising out of a tragic and bizarre 2017 multiple-shooting incident at a New York hospital, a state appellate court reversed a decision of the Empire State’s Workers’...

Mass Shooting Victim’s NY Civil Action May Move Forward Against Employer Mass Shooting Victim’s NY Civil Action May Move Forward Against Employer
Jan 21, 2022

Establishing “Personal Comfort” Activity Is Only Half the Battle, says OR Court

Stressing that the focus of the personal comfort doctrine was to determine if an employee’s actions occurred during the course of the employment, the Court of Appeals of Oregon held...

Establishing “Personal Comfort” Activity Is Only Half the Battle, says OR Court Establishing “Personal Comfort” Activity Is Only Half the Battle, says OR Court
Jan 19, 2022

NJ Librarian’s Parking Lot Injuries When Struck by Snowplow are Compensable

Yesterday, the Supreme Court of New Jersey, reversing a decision of the Superior Court, Appellate Division [see 466 N.J. Super. 160, 245 A.3d 1019 (App. Div. 2021)], found that serious injuries...

NJ Librarian’s Parking Lot Injuries When Struck by Snowplow are Compensable NJ Librarian’s Parking Lot Injuries When Struck by Snowplow are Compensable
Jan 18, 2022

PA Court Agrees Injuries Were Compensable under Personal Comfort Doctrine

Applying the personal comfort doctrine [see Larson’s Workers’ Compensation Law, § 21.01, et seq.], pursuant to which small, temporary departures from work to administer to personal comforts or convenience are...

PA Court Agrees Injuries Were Compensable under Personal Comfort Doctrine PA Court Agrees Injuries Were Compensable under Personal Comfort Doctrine
Jan 13, 2022

Delaware High Court Says Sinkhole Injuries Were Not Compensable

The Supreme Court of Delaware affirmed the denial of workers’ compensation benefits to a courthouse employee who sustained injuries in a sinkhole accident near—but not on the courthouse property [Browning...

Delaware High Court Says Sinkhole Injuries Were Not Compensable Delaware High Court Says Sinkhole Injuries Were Not Compensable
Nov 29, 2021

Oregon Employee’s Slip and Fall Claim in “Annex Parking Area” Not Barred by Going and Coming Rule

Construing the “parking lot” exception to the standard going and coming rule, an Oregon appellate court affirmed an award of benefits to a dental hygienist who sustained injuries when she...

Oregon Employee’s Slip and Fall Claim in “Annex Parking Area” Not Barred by Going and Coming Rule Oregon Employee’s Slip and Fall Claim in “Annex Parking Area” Not Barred by Going and Coming Rule
Sep 2, 2021

Va. Employee’s Injuries Sustained While Moving Under Descending Door Are Compensable

In an opinion not designated for publication, the Court of Appeals of Virginia affirmed an award of workers’ compensation benefits to an employee of an auto dealership who sustained injuries...

Va. Employee’s Injuries Sustained While Moving Under Descending Door Are Compensable Va. Employee’s Injuries Sustained While Moving Under Descending Door Are Compensable
Aug 24, 2021

Oregon Employee Recovers Benefits Following Explosion of Energy Drink

In a case with a rather bizarre fact pattern, an Oregon appellate court affirmed a decision by the state’s Workers’ Compensation Board that awarded benefits to a painter who sustained...

Oregon Employee Recovers Benefits Following Explosion of Energy Drink Oregon Employee Recovers Benefits Following Explosion of Energy Drink
Jul 27, 2021

NY Court Agrees Claimant’s Injuries Occurred Within “Gray Area” of Employment

Reiterating New York’s special “gray area” rule, pursuant to which injuries sustained in public areas near the employment—but not on the employer’s premises—are nevertheless compensable where the risks of street...

NY Court Agrees Claimant’s Injuries Occurred Within “Gray Area” of Employment NY Court Agrees Claimant’s Injuries Occurred Within “Gray Area” of Employment
Jul 20, 2021

NY Worker Fails to Establish Claim for Lyme Disease

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that denied a claim for consequential Lyme disease in spite of an opinion offered by an...

NY Worker Fails to Establish Claim for Lyme Disease NY Worker Fails to Establish Claim for Lyme Disease
May 27, 2021

Arkansas Horse-Racing Employee’s Leap From Burning Stable Was Not Compensable

Applying Arkansas’ relatively narrow employment-related rule, which excludes compensation for an injury which was inflicted upon the employee at a time when employment services were not being performed [see Ark....

Arkansas Horse-Racing Employee’s Leap From Burning Stable Was Not Compensable Arkansas Horse-Racing Employee’s Leap From Burning Stable Was Not Compensable
Apr 6, 2021

Fatal Shooting of SC Motel Worker Found Compensable Under “Bunkhouse Rule”

The Court of Appeals of South Carolina affirmed a decision by the Appellate Panel of the state’s Workers’ Compensation Commission that awarded death benefits to the children of a motel...

Fatal Shooting of SC Motel Worker Found Compensable Under “Bunkhouse Rule” Fatal Shooting of SC Motel Worker Found Compensable Under “Bunkhouse Rule”