Tag Archives: arising out of employment

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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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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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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Split Virginia Court Affirms Denial of Airport Worker’s Electrocution Claim

Lip Service Given to “Liberally Construing” the “Arising Out of” Tests In a split decision, the Court of Appeals of Virginia, tipping its hat to the notion that the workers’ compensation statutes should be liberally construed to effect a beneficent purpose, affirmed … 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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Nevada Casino Employee’s Tort Action Against Employer for Delaying Stroke Treatment is Barred by Exclusivity

A housekeeping employee at a Las Vegas casino, who suffered a stroke just prior to the beginning of his work shift, and who contended his medical condition was exacerbated when his employer failed to seek special medical assistance within a … Continue reading

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Kansas Worker Gets No Benefits For Early Morning Injuries While Walking to Hotel

A Kansas roofer, who sustained catastrophic injuries when he was struck by a drunk driver as the roofer walked from a bar to his hotel at 2:20 a.m., could not recover workers’ compensation benefits for his injuries.  The roofer’s injuries … Continue reading

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NC Employee’s Injuries From Fainting After Toking on E-Cigarette Did Not Arise From the Employment

The North Carolina Court of Appeals affirmed the denial of workers’ compensation benefits to a city employee who sustained serious injuries to his right hip, back, and head when he passed out and fell to the ground after getting choked … Continue reading

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Virginia Case Shows “On-the-Job” Injuries May Not be Compensable

The phrase is used quite often, even by attorneys: “He [or she] was hurt ‘on-the-job.’” The typical implication is that a worker who sustains an “on-the-job” injury deserves workers’ compensation benefits. Such use of imprecise language leads many claimants to … Continue reading

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