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Tag Archives: arising out of employment
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
Oregon: Traveling Employee’s Death While Returning From Shopping Trip Was Not Compensable
A person in the status of a traveling employee is continuously within the course and scope of the employment while traveling, except when the person is engaged in a distinct departure on a personal errand, held the Court of Appeals … Continue reading
Posted in Case comment
Tagged AOE/COE, arising out of employment, departure, deviation, excursion, Oregon, personal errand, traveling employee
Comments Off on Oregon: Traveling Employee’s Death While Returning From Shopping Trip Was Not Compensable
Missouri Court Stresses Importance of Injury “by Accident” in Recent Horseplay Case
The Missouri Court of Appeals recently affirmed a decision of that state’s Labor and Industrial Relations Commission that had denied workers’ compensation benefits to a tire shop employee who sustained severe burns when he used a lighter to ignite a … Continue reading
Posted in Case comment
Tagged AOE/COE, arising out of employment, horseplay, intentional act, intentional injury, Missouri
Comments Off on Missouri Court Stresses Importance of Injury “by Accident” in Recent Horseplay Case
Illinois Court Says “Ordinary” Reaching Activity is Nevertheless Risk of Employment
Acknowledging that there are three categories of risk to which an employee may be exposed: (1) risks distinctly associated with her employment; (2) personal risks; and (3) neutral risks which have no particular employment or personal characteristics, an Illinois appellate … Continue reading
Posted in Case comment
Tagged AOE/COE, arising out of employment, Illinois, ordinary
Comments Off on Illinois Court Says “Ordinary” Reaching Activity is Nevertheless Risk of Employment
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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