Tag: arising out of employment

Sep 2, 2021

Va. Employee’s Injuries Sustained While Moving Under Descending Door Are Compensable

In an opinion not designated for publication, the Court of Appeals of Virginia affirmed an award of workers’ compensation benefits to an employee of an auto dealership who sustained injuries...

Va. Employee’s Injuries Sustained While Moving Under Descending Door Are Compensable Va. Employee’s Injuries Sustained While Moving Under Descending Door Are Compensable
Aug 24, 2021

Oregon Employee Recovers Benefits Following Explosion of Energy Drink

In a case with a rather bizarre fact pattern, an Oregon appellate court affirmed a decision by the state’s Workers’ Compensation Board that awarded benefits to a painter who sustained...

Oregon Employee Recovers Benefits Following Explosion of Energy Drink Oregon Employee Recovers Benefits Following Explosion of Energy Drink
Jul 20, 2021

NY Worker Fails to Establish Claim for Lyme Disease

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that denied a claim for consequential Lyme disease in spite of an opinion offered by an...

NY Worker Fails to Establish Claim for Lyme Disease NY Worker Fails to Establish Claim for Lyme Disease
Feb 2, 2021

Virginia Court Sticks to its “Actual Risk” Doctrine

Applying Virginia’s “actual risk” doctrine, which generally holds that simple acts of walking, bending, turning, or even climbing stairs–without proof of any other contributing environmental factors–are not risks of employment,...

Virginia Court Sticks to its “Actual Risk” Doctrine Virginia Court Sticks to its “Actual Risk” Doctrine
Dec 28, 2020

Opinion Mondays: Do Employers Face Additional Liability for COVID-19 Vaccination Side Effects?

Several weeks ago, an attorney friend called for some advice. One of his clients had asked if the client’s business might face additional liability if–once the COVID-19 vaccines are generally...

Opinion Mondays: Do Employers Face Additional Liability for COVID-19 Vaccination Side Effects? Opinion Mondays: Do Employers Face Additional Liability for COVID-19 Vaccination Side Effects?
Dec 8, 2020

Texas Employee’s Suit Against Co-Worker for Dog Bite is Barred by Exclusivity

A defendant/co-worker’s act of bringing her dog to the employer’s residential facility for pregnant women to serve as a comfort animal was an activity that had to do with and...

Texas Employee’s Suit Against Co-Worker for Dog Bite is Barred by Exclusivity Texas Employee’s Suit Against Co-Worker for Dog Bite is Barred by Exclusivity
Oct 27, 2020

NY Board May Not Employ "Novel" Standard for Work-at-Home Injuries

In a decision that has important ramifications for other claims filed in the Empire State by employees working from home due to the COVID-19 pandemic, a state appellate court reversed...

NY Board May Not Employ "Novel" Standard for Work-at-Home Injuries NY Board May Not Employ "Novel" Standard for Work-at-Home Injuries
Oct 1, 2020

Illinois Supreme Court Clarifies Rule Regarding Injuries Stemming From Common Bodily Movements

The Supreme Court of Illinois reversed a decision of the Appellate Court, Workers’ Compensation Division, that in turn had affirmed a denial of benefits to a restaurant sous-chef who sustained...

Illinois Supreme Court Clarifies Rule Regarding Injuries Stemming From Common Bodily Movements Illinois Supreme Court Clarifies Rule Regarding Injuries Stemming From Common Bodily Movements
Aug 3, 2020

Opinion Mondays: COVID-19 Presumptions Don't Stand Alone in the Workers' Comp World

Recently, I had an occasion to spar with a young reporter who was gathering background information on a COVID-19 piece that she’s preparing. She’s only been in the legal news...

Opinion Mondays: COVID-19 Presumptions Don't Stand Alone in the Workers' Comp World Opinion Mondays: COVID-19 Presumptions Don't Stand Alone in the Workers' Comp World
May 5, 2020

New York's "Gray Area" Rule Does Not Aid Claimant Struck by Car Near Workplace

A New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that a claimant/employee did not sustain injuries arising out of and in the course of his...

New York's "Gray Area" Rule Does Not Aid Claimant Struck by Car Near Workplace New York's "Gray Area" Rule Does Not Aid Claimant Struck by Car Near Workplace
Apr 16, 2020

"First Do No Harm" – Missouri Employee's Injuries At Doctor's Office Not Compensable

The Supreme Court of Missouri, construing the state’s special causation rules for workers’ compensation claims, affirmed a decision by the state’s Labor and Industrial Relations Commission that denied an employee’s...

"First Do No Harm" – Missouri Employee's Injuries At Doctor's Office Not Compensable "First Do No Harm" – Missouri Employee's Injuries At Doctor's Office Not Compensable
Apr 6, 2020

Opinion Mondays: “Old” Case Law May Be Key to Many Coronavirus Claims

Over the past several weeks, as the coronavirus pandemic has raged across the United States, several state governors and a number of state legislatures have announced, and in a few...

Opinion Mondays: “Old” Case Law May Be Key to Many Coronavirus Claims Opinion Mondays: “Old” Case Law May Be Key to Many Coronavirus Claims