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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
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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
Posted in Case comment
Tagged AOE/COE, arising out of employment, course of employment, drunk driver, going and coming, hotel, Kansas, traveling employee
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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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Tagged AOE/COE, arising out of employment, idiopathic, North Carolina, unexplained fall
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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
Posted in Case comment, Issue commentary
Tagged actual risk, AOE/COE, arising out of employment, back injury, on-the-job, positional risk, Virginia
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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
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Tagged AOE/COE, arising out of employment, departure, deviation, excursion, Oregon, personal errand, traveling employee
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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
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Tagged AOE/COE, arising out of employment, horseplay, intentional act, intentional injury, Missouri
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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
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Tagged AOE/COE, arising out of employment, Illinois, ordinary
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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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