Tag Archives: arising out of employment

Missouri Court Affirms Award for Fall in Employer’s Parking Garage

Posted on April 18, 2019 by Thomas A. Robinson

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

Posted on March 27, 2019 by Thomas A. Robinson

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

Posted on October 8, 2018 by Thomas A. Robinson

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

Posted on September 18, 2018 by Thomas A. Robinson

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

Posted on June 13, 2018 by Thomas A. Robinson

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

Posted on May 17, 2018 by Thomas A. Robinson

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

Posted on October 12, 2017 by Thomas A. Robinson

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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Oregon: Traveling Employee’s Death While Returning From Shopping Trip Was Not Compensable

Posted on October 6, 2017 by Thomas A. Robinson

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 →

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Missouri Court Stresses Importance of Injury “by Accident” in Recent Horseplay Case

Posted on July 25, 2017 by Thomas A. Robinson

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 →

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Illinois Court Says “Ordinary” Reaching Activity is Nevertheless Risk of Employment

Posted on July 16, 2014 by Thomas A. Robinson

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 →

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