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Tag Archives: arising out of employment
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
Posted in Case comment
Tagged AOE/COE, arising out of employment, business meeting, commute, Ohio, side business
1 Comment
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
Posted in Issue commentary
Tagged AOE/COE, arising out of employment, home-based worker, trip and fall
Comments Off on Home-Based Workers: Beware of Four-Legged “Best Friends”
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
Posted in Case comment
Tagged AOE/COE, arising out of employment, course of employment, fall, nonemployment risk, parking lot, positional risk
Comments Off on Missouri Court Affirms Award for Fall in Employer’s Parking Garage
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
Posted in Case comment
Tagged actual risk, arising out of employment, burden of proof, causation, electrocution, lightning
Comments Off on Split Virginia Court Affirms Denial of Airport Worker’s Electrocution Claim
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
Posted in Case comment
Tagged AOE/COE, arising out of employment, course of employment, employer's premises, New York, parking lot, public
Comments Off on NY Employee’s Shoulder Injury While Scanning Parking Pass Not Compensable
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
Posted in Case comment
Tagged AOE/COE, arising out of employment, delay, delay in treatment, Exclusive Remedy, Nevada, stroke, tort
Comments Off on Nevada Casino Employee’s Tort Action Against Employer for Delaying Stroke Treatment is Barred by Exclusivity
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
Posted in Case comment
Tagged AOE/COE, arising out of employment, course of employment, drunk driver, going and coming, hotel, Kansas, traveling employee
Comments Off on Kansas Worker Gets No Benefits For Early Morning Injuries While Walking to Hotel
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
Posted in Case comment
Tagged AOE/COE, arising out of employment, idiopathic, North Carolina, unexplained fall
Comments Off on NC Employee’s Injuries From Fainting After Toking on E-Cigarette Did Not Arise From the Employment
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
Posted in Case comment, Issue commentary
Tagged actual risk, AOE/COE, arising out of employment, back injury, on-the-job, positional risk, Virginia
Comments Off on Virginia Case Shows “On-the-Job” Injuries May Not be Compensable
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 →